The trust where 90 patients died as a result of infections by a Clostridium difficile may have acted unlawfully in agreeing to allow its former chief executive severance pay, the Health Secretary said yesterday.

Alan Johnson ordered Maidstone and Tunbridge Wells NHS Trust not to pay compensation to Rose Gibb as soon as he was told of it. He said yesterday that the process by which the trust decided to offer her money is likely to be regarded as unlawful.

Mr Johnson stepped in to the row over Ms Gibb’s severance package after a report from the Healthcare Commission published last month showed appalling conditions directly contributed to the deaths of the 90 patients. He said: “The legal advice I have received, following my decision to direct the trust to withhold any payment to Rose Gibb, clearly shows that the trust did not follow due process in getting all the necessary approvals it required for Rose Gibb’s severance package and that the trust’s decision is likely to be regarded as unlawful.

“The trust has now referred all the relevant papers to its external auditors to review and is considering the potential next steps.”

He added: “I have also instructed the NHS Chief Executive, David Nicholson, to write to all trusts today advising them of the proper process approvals they must seek before making any severance payments to senior managers that are above contractual commitments.

Fatal outbreak

October to December, 2005
First outbreak of Clostridium difficile in the trust affects 150 patients

April to September, 2006
A further 258 patients contract the bug

September 26, 2006
Healthcare Commission begins investigation into trust

October 5, 2007
Rose Gibb, chief executive of the trust, resigns

October 15, 2007
James Lee, chairman of the trust, resigns

Sources: Healthcare Commission, BBC

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