Nobody will be charged over failings at a Kent hospital trust that contributed to 90 deaths from infection by Clostridium difficile.

Kent Police and the Health and Safety Executive (HSE) have investigated the outbreak at Maidstone and Tunbridge Wells NHS Trust, but concluded that there was no chance of a successful prosecution.

Allyn Thomas, the Assistant Chief Constable, said: “Our review has not identified any information that would indicate a need or duty to conduct a criminal investigation into the trust at this time.”

The police review of the circumstances of the deaths took into account a critical report produced by the Healthcare Commission. But the review concluded that there was no information in the commission’s report to suggest any of the deaths amounted to manslaughter.

For the trust or one of its employees to have committed gross negligent manslaughter, it would be necessary to identify a single act that was grossly negligent, police said, and that in addition there was a link between the act and the person’s death.

In a statement, Kent Police said: “Having reviewed the report and interviewed the author and the experts engaged by the Healthcare Commission, Kent Police has concluded that there is no information to indicate that any grossly negligent act has occurred.”

The second phase of the review was led by the HSE to find out if any offences under health and safety legislation had been committed by the trust. Its conclusion wasd that while mistakes had been made, there was insufficient information to launch a criminal investigation.

Sandra Caldwell, its deputy chief executive, said: “HSE shares the police’s conclusion that, from the information available, we cannot establish with certainty a causal link between failings to manage infection and the death of any particular person.

“The Trust has acknowledged that mistakes were made and their senior management team has changed substantially. Our priority now is to provide reassurance to the people of Kent that the infection risk at their hospitals is being properly managed.

“An audit of the Trust will therefore be conducted this September.”

Ann Widdecombe, Tory MP for Maidstone and the Weald, said: “I am grateful for the very thorough investigation carried out by Kent Police and the Health and Safety Executive.

“As the corporate manslaughter law did not apply at the times of these deaths, I accept that there is no likelihood of any successful criminal action and that any attempt to mount a prosecution would only prolong the uncertainty of the bereaved and inevitably end in further disappointment.

“The trust is now under new management and I hope that the necessary lessons have been learned.”

Poor staffing, dirty wards and too much focus on debts and Government targets all contributed to two serious outbreaks of C diff in 2005 and early 2006, the Healthcare Commission investigation found.

Geoff Martin of campaign group Health Emergency said the decision sent out the wrong signal. “It suggests that despite more catastrophes in the NHS, individuals and organisations will not be called to account. It is a real kick in the teeth for the friends and relatives of those who died in this tragedy.”

Anna Walker, chief executive of the Healthcare Commission, said the trust was so focused on meeting Government targets and dealing with high levels of debt that it failed to deal properly with the infection risk.

Alcohol wipes, which do not kill C diff, were used to clean toilets rather than soap and water, which does. The hospitals involved were the Kent and Sussex Hospital, Pembury Hospital and Maidstone Hospital.

NHS South East Coast, the Strategic Health Authority responsible for the NHS in Kent, Sussex and Surrey, welcomed the decision. Its chief executive, Candy Morris, said: “The Trust has new leadership, standards of care are improving and the Trust is making good progress in infection control.”

Rose Gibb, the chief executive of the hospital at the time of the outbreaks, made no comment but her partner Mark Rees issued a statement saying: “I am pleased that today’s announcement confirms what we always knew to be the case.

“I would suggest that any further questions should be put to the leadership of the NHS and the Secretary of State as they are better placed to explain the real underlying causes and issues then existing in the whole of the NHS.

“Everything else is a deflection from the real issues and further political scapegoating of Rose Gibb.

“We are very sorry for all the families and hope the NHS is concentrating on addressing the real and complex threat posed by C diff and MRSA in the National Health Service.”

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