A CAMPAIGNER seeking greater protection for patients following the Richard Neale scandal fears his efforts are being blocked by the Government.

Former Northallerton mayor John Bacon is angry that disgraced North Yorkshire surgeon Richard Neale escaped criminal prosecution, despite injuring many female patients.

Mr Bacon, whose wife, Polly, was briefly a patient of Mr Neale at the Friarage Hospital, argued that health and safety legislation could and should be used to prosecute doctors and hospital managers who recklessly exposed patients to danger.

But because of a policy decision taken 30 years ago, the Health and Safety Executive (HSE) has not got involved in NHS clinical matters.

Mr Bacon said the HSE, or some other group, should enforce higher standards of care in the NHS and take action against anyone endangering patients.

While Mr Neale was struck off for serious professional misconduct by the General Medical Council, no further action was taken.

Mr Bacon was initially encouraged after senior HSE officials told him the policy was under review.

However, he has discovered that the Department of Health has opposed suggestions that the new Commission for Healthcare Audit and Inspection (CHAI) should be given powers of enforcement similar to the HSE.

After learning that the proposal to give CHAI more powers had been rejected by ministers, Mr Bacon said the chairman of the Health and Safety Commission, Bill Callaghan, wrote to then-Health Secretary Alan Milburn "suggesting that the boundary between CHAI and HSE needs to be further clarified and that there could be merit in giving CHAI enforcement powers in respect of NHS trusts".

Mr Bacon has written to MP David Hinchliffe, chairman of the Commons Health Select Committee, urging him to hold an inquiry.

Mr Hinchliffe said he would look into the issues raised by Mr Bacon. He said: "I can understand his frustration."

A spokeswoman from the Department of Health said: "CHAI was recently established by the Health and Social Care Act, which received Royal assent in November.

"The HSE has its own specific role set out in legislation. Any change to this position would require primary legislation. There are no plans to introduce any such legislation at this stage."

Read more about the Richard Neale scandal here.