R v Foster [2026] EWCA Crim 1088, 7 August 2026 (judgment here)
This appeal case, considering the length of sentence for perverting the course of justice, should operate as a stern warning of how seriously criminal courts will view giving false accounts in anticipation of coronial investigations.
The Facts
Mrs Froggett, an elderly care home resident died from complications of a fractured femur after an unobserved fall from her wheelchair. The care home manager (a registered nurse), together with two care workers, created and maintained a false account that her wheelchair lap strap had been fastened when Mrs Froggett fell.
That false narrative was set out in documents produced in the knowledge that investigations by the CQC and coronial proceedings were likely to follow her death. It was also repeated in responses sent to the coroner, which went as far as suggesting that the deceased may have unfastened her lap belt herself and that the lap strap’s buckle had become defective or gone missing after the incident.
The deception came to light only because the participants were stupid enough to discuss their falsehoods in the presence of an honest staff member who properly reported the overheard discussions about the fabrication. Approximately six months later fresh accounts were produced admitting that the earlier statements had been false. Indeed it seems that the lap strap had never even been capable of being fastened because the buckle was missing. Their false accounts had clearly included quite despicable victim blaming.