Isabella TorresThe public inquiry into the 2023 Nottingham stabbings took a significant turn this week, with Nottinghamshire Police admitting on 20 March 2026 that Valdo Calocane "should have been arrested prior to the attacks" — a failure that raises urgent questions about victims' rights when institutions fail to act on known risks.
What the Calocane Inquiry Is Uncovering
On 13 June 2023, Valdo Calocane killed three people — Barnaby Webber (19), Grace O'Malley-Kumar (19), and Ian Coates (65) — and seriously injured three others in Nottingham. He was sentenced in January 2024 to an indefinite Hospital Order under the Mental Health Act 1983 after pleading guilty to manslaughter on grounds of diminished responsibility due to paranoid schizophrenia.
The public inquiry, chaired by retired Judge Deborah Taylor, began in February 2026 and is expected to run until May 2026, hearing evidence from over 100 witnesses. Crucially, the inquiry this week heard that a warrant for Calocane's arrest, issued on 23 September 2022, was never acted upon because police inboxes were not regularly checked, according to ITV News Central (20 March 2026).
A separate NHS England independent report (February 2025) found that mental health workers had also failed to properly manage the risk Calocane presented — raising concerns about multiple institutional failures across both police and healthcare systems.
The Mental Health Defence: What It Means in English Law
Under the Mental Health Act 1983 section 37/41, courts can issue a Hospital Order — indefinite psychiatric detention — rather than a custodial sentence when a defendant committed offences as a direct result of severe mental illness. This is not an acquittal. It is a form of detention that prioritises treatment over punishment.
The controversy in the Calocane case centres on whether victims and their families were meaningfully involved in this process. Survivors Wayne Birkett and Sharon Miller reported they were not consulted before a CQC (Care Quality Commission) report directly referencing their attacks was published, according to ITV News Central (February 2026).
The families fear — in their own words — "it will happen again."
What Rights Do Victims Have in England and Wales?
This case has thrown the Victims' Code into sharp relief. The Code of Practice for Victims of Crime (2020, updated 2024) sets out a series of legal entitlements for victims of serious crime in England and Wales:
The right to be informed. Victims and their families are entitled to regular updates from both police and the Crown Prosecution Service (CPS) about key decisions in the case — including whether a mental health defence is being used.
The right to make a Victim Personal Statement. Before sentencing, victims can submit a written statement describing the impact of the crime. This is presented to the court and must be taken into account.
The right to seek a Victims' Right to Review. If the CPS makes a charging or sentencing decision that a victim believes is wrong, they can formally request a review through the Victims' Right to Review scheme.
The right to compensation. Victims of violent crime may be eligible for compensation through the Criminal Injuries Compensation Authority (CICA), regardless of whether the perpetrator was imprisoned. An application must generally be made within two years of the incident.
The right to refer to the Parole Board. In cases involving Hospital Orders, victims can submit views to the First-Tier Tribunal (Mental Health) when the offender is reviewed for potential discharge — and request notification if the offender is released.
When the System Fails: What a Lawyer Can Do
The Calocane case illustrates a situation many victims face: institutional failures before or after a serious crime, resulting in compounded harm. When this happens, legal recourse exists.
A specialist solicitor can help victims and families to:
- Challenge police or prosecution decisions through formal reviews or judicial review
- Prepare and submit Victim Personal Statements effectively
- Make CICA compensation claims, particularly where the claim is complex or has been initially refused
- Pursue civil litigation where negligence by a public body (police, NHS trust) contributed to the harm caused
- Navigate the Mental Health Tribunal system to ensure victims are notified of and consulted on any future discharge hearing
The Nottingham families are already engaged in the public inquiry process, with the inquiry committed to placing families "at the centre," according to its terms of reference. A report is expected by April 2027.
What to Do If You Are Affected by a Similar Situation
If you or a family member are a victim of serious crime and feel you are not being properly informed, consulted, or supported by the authorities, you have options. A specialist criminal law solicitor can review your situation and advise you on what remedies are available — whether through the Victims' Code, compensation schemes, or civil litigation.
Expert Zoom connects you with legal experts available for online consultation. You can speak to a specialist solicitor without a lengthy wait, from wherever you are.
YMYL notice: This article is for general informational purposes and does not constitute legal advice. If you require legal guidance, please consult a qualified solicitor.
