A PADIHAM man has become the first person in the country to be prosecuted by health bosses for allegedly attacking a member of staff.

The private prosecution is being brought by a new NHS agency set up following an alarming rise in the number of assaults on doctors and nurses in hospitals and clinics.

Jason Butcher, of Station Road, Padiham, is alleged to have assaulted a community nurse from Padiham Clinic during a visit to his home on April 20.

The case could be the first of thousands as part of a drive to prevent staff being abused. There were 116,000 cases of violence against doctors and nurses between 2002 and 2003.

Now people accused of assaulting staff face not only investigation by police but also by the new NHS legal team which will prosecute if police decide against legal action.

Butcher was not at Reedley magistrates' court yesterday for the start of the landmark private prosecution. He was represented by Richard Taylor who submitted a not guilty plea to the charge of assault by beating on his behalf.

The NHS legal protection unit was formed in December 2003 to ensure action is taken against anyone accused of attacking NHS staff. At the same time the health service introduced a national reporting system to record attacks on staff and allow victims to follow their case.

Butcher's case was among the first batch of alleged assaults reported to the agency when it became ready to prosecute earlier this year.

But the matter has become the first to go before the courts as a private prosecution because, unlike other cases, a police investigation failed to result in any action.

An NHS security management service spokesman said: "Over the years too many violent or abusive incidents have gone unpunished, which gives the impression that the NHS tolerates them. This will not continue.

"The creation of the NHS Legal Protection Unit means that more people will be prosecuted for assaults on staff. Even in cases where the police or Criminal Prosecution Service do not prosecute, the NHS will look to take action itself.

"The case at Reedley Magistrates Court is the first of this kind and illustrates part of a new tougher approach against those who allegedly assault NHS staff."

Butcher's case was adjourned for a pre-trial review at Burnley Magistrates' Court on November 4 at 2pm.