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Home » News Centre » Press Releases » CPS Advises no prosecution of Prof. Dick Van Velzen over Alder Hey

CPS Advises no prosecution of Prof. Dick Van Velzen over Alder Hey

15/12/2004

The Crown Prosecution Service has decided there should be no prosecution of Prof Dick Van Velzen for criminal offences after a thorough police inquiry following the publication of the Redfern Report into the Royal Liverpool Children's NHS Trust Hospital (Alder Hey).

Christopher Enzor, head of the CPS Casework Directorate at York said: "I appreciate that this will be a difficult decision for those who have lost children at Alder Hey hospital and who had to face the trauma of the issues surrounding the removal and retention of their children's organs without consent.

"That is why the CPS is offering to meet with those parents who allowed their children's organs or medical records to be examined as part of the police investigation, so that we can explain to them how we reached our decision."

The Redfern Report, which was published in January, 2001, alleged many instances of serious wrongdoing at Alder Hey over a long period and recommended that matters should be drawn to the attention of the Director of Public Prosecutions.

The CPS undertook a careful and detailed analysis of the Redfern Report with a view to advising the police whether there appeared to be any evidence to justify starting a police investigation.

In December, 2001, the CPS formally advised Merseyside Police on two issues:

•  Personal issues relating to Prof van Velzen, including his conduct, dishonesty and the falsification of reports;

•  The removal and retention without consent of human organs at post mortem examination.

Mr Enzor said: "As far as Prof van Velzen was concerned, we advised the police that there were grounds to start a criminal investigation. On the second issue, we advised there was no prospect of being able to establish that a criminal offence had been committed.

"The police undertook a very thorough investigation during 2002 and 2003 of what was a very complicated and difficult matter, going back over many years.

"They submitted files to the CPS as the investigation progressed and we were in close contact with the police during their investigations.

"The final files were received in summer of this year and some further expert evidence was received in the autumn. All the evidence was considered by a senior, independent counsel and a senior lawyer at the CPS Casework Directorate.

"We looked at offences of misconduct in a public office and dishonesty in relation to Prof van Velzen and both the barrister, the CPS lawyer in the case and I agree that there is not enough evidence for us to be able to prosecute Prof van Velzen."

The main difficulty for a prosecution, said Mr Enzor, was identified in the Redfern Report itself which said: "It was therefore clear from the outset that there could be no guarantee that organs which remained in the containers were those originally taken at post mortem examination." ( P30, paragraph 1.10 )

Mr Enzor said: "This factor causes a particular problem in any prosecution as we would need to prove beyond reasonable doubt which child's organs we were talking about. The police have tried hard to find a solution to this problem, but they have been unable to do so.

"As far as any theft and deception charges are concerned, we have considered them most carefully, but concluded there is insufficient evidence for a realistic prospect of conviction.

"I appreciate that many people have waited a long time for our decision, and I can assure them that everyone involved has treated this matter very seriously. We have taken the utmost care to ensure that all aspects have been considered and the length of time indicates just how painstaking both the police and ourselves have been."

  1. On January 30, 2001, the Royal Liverpool Children's Enquiry Report was published, containing the results of an enquiry into the removal, retention and disposal of human organs and tissue during and after post mortem examinations at Alder Hey Children's Hospital, Liverpool. The report alleged many instances of wrongdoing at the hospital over a long period. It was particularly critical of Professor van Velzen, who had been appointed to the Liverpool Health Authority Chair of Foetal and Infant Pathology.
  2. The report recommended that matters should be brought to the attention of the then Director of Public Prosecutions, David Calvert-Smith, QC. Professor Sir Liam Donaldson, the Chief Medical Officer, duly forwarded a copy of the report to the Director.
  3. On December 14, 2001, the CPS announced it had advised Merseyside Police that there were grounds to start a criminal investigation into the actions of Prof van Velzen. Today's announcement of no prosecution against Prof vanVelzen arises out of that investigation.
  4. For further details contact CPS Press Office, 020 7796 8180.