Showing posts with label Mental Health. Show all posts
Showing posts with label Mental Health. Show all posts

Wednesday, June 06, 2012

Campaigners ‘risk their lives’ as high rate of mysterious deaths show UK & Scotland detain people to silence grievances, deny access to justice

ANALYSIS of statistics of deaths in custody over the last decade in Scotland, England & Wales appear to show hundreds of campaigners, including people who had been pursuing genuine grievances against professions, public services including the Police & Local Government, and the justice system, have died in a trending pattern after being detained for lengthy periods of time in mental institutions & prisons.

Insiders who have come forward to the national media claim many of those now deceased, whose deaths have been explained away as either down to natural causes, freak accidents, or self harm & suicide, “were detained on trumped up charges or reasons completely removed from their actual circumstances, to mask the true nature of their predicament”. 

Particularly strong evidence is now coming to light through the sheer scale of deaths in custody and the lack of independent inquiries into such cases that the apparatus of mental welfare detention and prison has been used to thwart campaigners & individuals attempts either to campaign for change in a particular area of law or public life, or to prevent details of what happened to them emerging in the mass media.

Scotland appears to fair no better than England & Wales in the emerging scandal, and unsurprisingly evidence for the real reasons for detention of campaigners north of the border appears to be hard to come by, as documents show in some recorded cases, most mental health ‘professionals’ cases have taken dim views of individuals who have been campaigning on an issue or who have pursued professions & public services in the courts.

In one case under current study, a family member who attempted to pursue a hospital for medical negligence over the death of another family member at a Scottish hospital, was scheduled to be sectioned by the same area health authority for a lengthy spell in custody, simply in order to prevent litigation taking place in the courts and curtail extensive headlines & criticism in the media of the hospital’s actions. The claims against the hospital in this particular case included claims of negligence involving well known surgeons in particular areas of medical practice who are now known to have caused deaths of patients in additional cases in the same hospital. 

In the Scottish case, the grieving family member was only saved from what could have been a lengthy incarceration and what has been referred to by a now retired health professional as “almost certain death in custody”, after a high profile newspaper journalist got wind of the story and began making inquiries into the circumstances of the death and criticisms of how the hospital allowed the patient to die.

Recently, another case has come to light in the media, where a leading schizophrenia campaigner died while in hospital in North London in 2010 and the results of an internal inquiry into the death, which, unsurprisingly exonerated the hospital, has not been made public. Similar cases are occurring in Scotland with little publicity so-far …

The Guardian reports :

Campaign calls for open investigations into deaths of mental health patients

Anger as hospital's internal inquiry into death of leading schizophrenia campaigner Janey Antoniou not made public

Yvonne Roberts   
guardian.co.uk, Saturday 26 May 2012 23.47 BST;

Mental health campaigner Janey Antoniou, photographed in 1999. Antoniou died in 2010 at a hospital in north London. Photograph: Graham Turner for the Guardian

Campaigners are fighting for investigations into the deaths of mental health hospital patients – of which there are on average one a day in England and Wales – to be independent and open to scrutiny.

The move follows an inquest into the death of Janey Antoniou, a leading mental health campaigner who had influenced many organisations including Mind, the Royal College of Psychiatry and Rethink Mental Illness.

Janey, 53, was diagnosed with schizophrenia at the age of 30. She campaigned tirelessly, acting as an advocate for those using mental health services and becoming a trainer with services such as the police. She died in 2010 in her room at Northwick Park hospital in Harrow, London.

The jury at an inquest earlier this month found that her death was inadvertent "following self-harming by use of ligature". While the jury commended staff for trying to "build sincere and trusting relationships" with her, it was highly critical of other issues, including the hospital's risk management.

An investigation was conducted by Central and North West London NHS Foundation Trust, the same trust that had responsibility for Janey's care. Its findings have not been made public. Objections made by her husband, Dr Michael Antoniou, over lack of independence were rejected by the trust. This is now the subject of judicial review proceedings.

There were 3,628 deaths in mental health detention (501 self-inflicted) between 2000 and 2010, accounting for 61% of all deaths in state custody. The proportion of deaths recorded from "natural causes" is also exceptionally high.

Antoniou's judicial review is funded by the Equality and Human Rights Commission. "Anyone detained against their will in an institution is in a very vulnerable situation," said John Wadham, the commission's general counsel. "An independent investigation would ensure that anyone culpable is identified and dealt with, and lessons are learned that could reduce the chances of other people dying."

Since 2004, deaths in police custody have been investigated by the Independent Police Complaints Commission (IPCC), while deaths in prison are investigated by the Prisons and Probation Ombudsman (PPO). In both instances the family is closely involved: a liaison officer is appointed, written updates are provided, and the investigation report and underlying documents are disclosed.

In his judicial review statement, Dr Antoniou says the trust did not keep him informed, interview him or his family, or ask for any input from him. He was told the trust would not be disclosing documents, nor did it offer any support or advice. The experience left him "dazed" and "distressed".

Paul Bowen QC, a barrister at Doughty Street Chambers who appeared for Antoniou at Janey's inquest and has acted for a number of families in similar circumstances, said: "It is plainly not possible for a trust to be, and to be seen to be, 'independent' in investigating a death which may have been caused or contributed to by failures of its own staff or systems."

An article 2 investigation must be initiated by the state, independent, effective, open to public scrutiny, reasonably prompt and involve the family. Deborah Coles, co-director of the charity INQUEST, said: "This is a blatant injustice. Too many deaths of very vulnerable people are not being properly investigated by a number of trusts. They are not being held to account. More rigorous robust and transparent investigations play a critical role in learning lessons to safeguard the lives of others."

A Department of Health spokesman said: "The coroner's inquest is the place where an independent assessment is made of the circumstances of the death of an inpatient."

Wednesday, November 28, 2007

Mental Health Tribunal President missing from post after scathing audit

After scathing criticism of how the Mental Health Tribunal has been run, the President of the Tribunal service has been reported as absenting herself from her post ...

The Herald reports :

Mental health watchdog disappears from her job

ALAN MACDERMID

One of the Scottish Government's most senior mental health watchdogs has disappeared from her job.

Eileen Davie, president of the Mental Health Tribunal service, was said to have "absented herself" from her £130,000-a-year post.

The tribunal service was created two years ago, making decisions on the compulsory care and treatment of people with mental health problems. Based in Hamilton, it now employs about 80 people with annual operating costs of some £8.4m.

Tribunals sit under a convener - a lawyer - with two other members, one of them normally a psychiatrist.

Mrs Davie is a former senior psychiatric social worker who qualified in social work in 1967. In 1983, she left social work to study law at Edinburgh University. She became an advocate in 1989 and specialised in medical negligence and family law.

She was appointed president of the Mental Health Tribunal for Scotland 2004 in advance of the Mental Health (Care and Treatment) (Scotland) Act 2003 coming into force in October 2005.

An audit concluded that appropriate governance is not in place

Her temporary replacement is believed to be Joe Morrow, who according to legal sources had been vice-president until he resigned a fortnight ago after a row with Mrs Davie.

Mrs Davie's absence comes on the heels of a critical report by the Auditor-General on the need for improved governance of the service's administration - a separate arm from the tribunal itself, with its own chief executive.

In his report to the Scottish Parliament last month, the Auditor-General, Robert Black, said the Mental Health Tribunal for Scotland Administration needed to improve to meet good governance standards.

Last year's audit concluded that appropriate governance was not in place for MHTSA and it needed to be developed as a priority.

This year, the overall conclusion was that although MHTSA had made progress in some areas, there remained a need to improve to meet good governance standards.

The framework document setting out the responsibilities and accountabilities of the agency had not been finalised and was still in draft form. The auditor said MHTSA should consider options including permanent recruitment to strengthen its financial management and leadership.

Throughout the financial year 2006/07 and as at August 2007, there was no formal board in place to direct and control the agency.

No independent non-executive directors had been appointed to the agency, and no audit committee to provide assurance on risk management, governance and internal control was in place.

Mrs Davie was at her home in Livingston last night but unwilling to make comment.

A member of her family said: "She is not at liberty to comment."

Wednesday, November 21, 2007

Mental Health quango spending out of control - needs a lesson in good governance

The Mental Health Tribunal for Scotland Administration (MHTSA) employs 80 staff and costs £8.4m a year to run - a bit costly according to the Auditor General, Robert Black.

The Herald reports :

Watchdog criticises mental health quango

KEVIN SCHOFIELD

A government quango which rules on whether people should be admitted to hospital for psychiatric treatment has been criticised by a financial watchdog for the way in which it is run.

Robert Black, the Auditor General for Scotland, said the Mental Health Tribunal for Scotland Administration (MHTSA), which employs 80 staff and costs £8.4m a year to run, needed to improve "to meet good governance standards".

In particular, he was critical of the organisation's failure to set up a board to run it. Similar concerns had been raised in 2005-6, the year in which the MHTSA was set up.

Mr Black set out his findings in a report which will be considered today by the Scottish Parliament's Audit Committee.

The report said: "The 2005-6 audit of MHTSA included a review of its governance and accountability framework. This review concluded in August 2006 that appropriate governance was not in place.

"In August 2007, the auditor completed follow-up work on governance there remained a need to improve to meet good governance standards." He added: "There was no formal board in place."

A spokeswoman for the MHTSA said: "Adverts for chairmanship and membership of the board will appear in the press next month, and we would expect the board to be established in February."