In a previous book (Dingwall and Hillier, 2016) we discussed the role of blame in the criminal process, arguing that blame and the identification of who is to blame is a central aspect of the criminal justice system. We sought to argue that ‘over the last 35 years we have moved to a more judgmental, less sympathetic, and more punitive society. This change is reflected in the growth of criminalization. Central to the change is blame’ (Dingwall and Hillier, 2016, p 23).

In Chapter 1 of this present book we made reference to the case of Jones v National Coal Board [1957] 2 QB 55, which concerned the death of a mineworker in a mining accident. We remarked on the fact that if the event had occurred today it may well have led to a prosecution for corporate manslaughter. There has been a large increase in the number of criminal offences in recent years. In 2015, the Criminal Justice and Courts Act created a new offence for an ‘individual who has the care of another individual by virtue of being a care worker to ill-treat or wilfully to neglect that individual’ (Criminal Justice and Courts Act 2015, section 20). The legislation was passed following the publication of a report produced by a government-initiated inquiry into patient care. The inquiry, chaired by Professor Don Berwick, had, in fact, emphasized the need to learn from the no-blame culture that had successfully reduced accidents in the aviation industry (Department of Health, 2013). In introducing the Berwick Report to the House of Commons in November 2013, the Secretary of State for Health had reflected the overall tone: ‘[The report] is not about penalising staff for making mistakes; it is about enabling them to learn from them’ (Hansard, 2013). The reference to possible criminal action came towards the end of the report: ‘We believe that legal sanctions in the very rare cases where individuals or organisations are unequivocally guilty of wilful or reckless neglect or mistreatment of patients would provide deterrence while not impeding a vital open, transparent learning culture’ (Department of Health, 2013, p 33).