Health Secretary Alan Milburn has ordered an independent review of the way complaints against disgraced former York psychiatrist William Kerr were handled.

He has asked the Chief Medical Officer, Professor Liam Donaldson, to commission the review into how the NHS dealt with concerns raised about the retired consultant.

The review was announced as:

* Prosecutors revealed they would not be seeking a retrial for the 75-year-old retired consultant, of Alne, near Easingwold, over 12 allegations of abusing patients on which a jury was unable to reach a verdict

* A judge agreed to let the allegations - ten of indecent assault and two of rape - lie on file. He also commended police detectives Marie Carr, Michael Silcock and Det Chief Insp Javad Ali over their handling of the massive Kerr inquiry, during which 726 people were interviewed, including 157 doctors.

* Solicitors for a number of former patients revealed they have already begun civil action against both Dr Kerr and North Yorkshire Health Authority.

At the same time, Dr Kerr's solicitor, Richard Manning, announced that he is to press ahead with an application to the European Court of Human Rights, claiming that it was an abuse of his client's rights for the hearing of fact to go ahead after a jury had decided he was unfit to plead.

Mr Manning said that if the court in Strasbourg decided in Dr Kerr's favour next year, the proceedings at Leeds Crown Court would be overturned.

He also spoke of Dr Kerr's great upset at the jury's finding on Monday that he had indecently assaulted one patient, which he said had "besmirched his reputation as a highly-regarded psychiatrist." Dr Kerr had earlier been cleared of two rapes and four indecent assaults.

Mr Manning added that scores of former patients - men and women - had written to offer Dr Kerr their support. North Yorkshire Health Authority today offered its "sincere apologies" to the assaulted patient, saying that Dr Kerr had betrayed the trust placed in him as a doctor.

Medical director Professor Mark Baker also offered sympathy and concern for patients and their families who he said would have suffered distress during the course of the case.

"Should any of them feel in need of support, such as counselling, they should contact me and I will do all I can to ensure they are helped," he said.

The authority welcomed the review and would play whatever role it could to help.

He said civil actions launched by a number of Dr Kerr's patients were being handled by the NHS Litigation Authority. "Each case will be considered on its merits in light of legal advice," he said.

Prof Baker said there was a need to learn all the relevant lessons from the case.

"Much has changed within the health service in the years since Dr Kerr committed his assault. Procedures for dealing with complaints are stronger today than in the past, and provide safeguards against abuse such as that committed by Dr Kerr. However, there is no room for complacency and all the relevant circumstances should be closely examined."

Harrogate and Knaresborough MP Phil Willis called today for the inquiry to go much further than simply a review of the handling of investigations into allegations.

mike.laycock@ycp.co.uk