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NHS workers could be arrested if they refuse to give evidence in Britain’s biggest mental health inquiry

NHS workers who refuse to give evidence in Britain’s biggest mental health investigation could be arrested under new investigative powers.

On Wednesday, Baroness Kate Lampard officially launched a newly transformed government inquiry into the deaths of up to 2,000 mentally ill patients at NHS trusts in Essex. The people identified died between 2000 and 2020 while they were patients on a psychiatric unit in Essex, or within three months of discharge.

Under the Inquiries Act 2005, the chairman of a statutory public inquiry can serve a notice directing a witness to attend and give evidence. If such person fails to appear or threatens to disobey the order of the Chairman, the Chairman may approach the Supreme Court under Section 36 of the Order Enforcement Act.

If witnesses continue to resist, they may be arrested and brought to the investigation to testify.

The Essex Independent Mental Health Inquiry was founded in 2021 to investigate the deaths of people on mental health units in Essex. However, former research director Geraldine Strathdee described the response rate to the survey from current and former employees as “extremely disappointing”.

Dr Strathdee resigned earlier this year for “personal reasons”. A new chairman was appointed by Baroness Lampard and the inquiry was renamed the Lampard Inquiry after Health Secretary Steve Barclay gave it legal powers, meaning it could force people to come forward and give evidence under oath.

Baroness Lampard, who previously led the inquiry into Jimmy Savile’s abuses in the NHS, said: “I am determined to conduct this investigation in a fair, thorough and balanced manner. I am also careful not to take more time than necessary: ​​the recommendations of this study are urgent and cannot be delayed.

“The legal powers granted to this inquiry will enable me to gather the evidence needed to investigate the deaths and serious failings in the care of mental health patients in Essex. I sincerely hope that the families of the victims will continue to participate in the investigation.

“To be clear, I will not force families to testify. Evidence from employees, management and organizations will be collected in a proportionate, fair and appropriate manner.”

Asked whether staff would be forced to give evidence, which they have so far been extremely reluctant to do, Baroness Lampard said she hoped they would do so voluntarily, but if they did not, the inquiry would now have the power to invite them to appear.

Lampard’s inquiry will continue to gather evidence from bereaved families, patients and former inpatients. Baroness Lampard will also seek evidence from mental health workers and other relevant parties who can help the inquiry understand the circumstances of these cases and make recommendations on how to improve the provision of inpatient mental health care.

Baroness Lampard has opened a public consultation on the scope of the investigation and said she plans to extend the period covered by the investigation and move the end date from December 31, 2020 to December 31 this year. The possibility of including NHS patients receiving treatment in the private sector or from private providers is also being considered.

Barry Sargent was 39 years old when he died on April 6, 2010, just two weeks after he was admitted to Lakes Mental Hospital in Colchester as an informal patient. On the morning of his death, Sargent was examined by a psychiatrist and told that he would be released from the hospital the next day.

Shortly after this meeting, Mr Sargent left the hospital grounds at 1.30pm. Staff did not notice that Mr Sargent had left the hospital.

Just half an hour later Mr Sargent died when he was hit by a train. Lakes Trust was only able to identify or document Mr Sargent’s disappearance from hospital later that evening. The investigation into Mr Sargent’s death found that staff did not adhere to the missing persons policy.

Asked what she hoped to gain from the investigation, his sister Della Innocent said: “There are lessons to be learned by improving mental health care and resources nationally.” place.

“That our voices are heard on behalf of Barry, who no longer has a voice. The public knows that suicide during hospitalization should never be acceptable and should never happen. To ensure that other families in the hospital never have to endure the loss of a loved one to suicide. For transparency when things go wrong.

“An apology and recognition that Barry’s death could have been prevented. To this day we have never received an apology for what happened to Barry.”

Melanie Leahy, who has been campaigning for more than a decade for a legal inquiry into the death of her 20-year-old son Matthew while he was in NHS care, said I: “After an 11-year battle, I am delighted to have finally launched the first statutory public inquiry into the mental health system. I hope to learn the truth about how my beloved Matthew, just twenty years old, died seven days after entering the so-called safe house.

“But to really make a difference, it has to be truly inclusive. The scope of the study should be expanded to allow everyone to participate, and ongoing deaths should be studied throughout the study. It is not just deaths that need to be investigated, but also deficiencies in care for those still alive. In addition, all institutions offering mental health services should be included in the basic system.

“Research must not ignore any part of the mental health puzzle if it is to be truly meaningful and make far-reaching recommendations for such important changes. My personal appeal to Baroness Lampard is that we must get to the bottom of this – please don’t let our loved ones down.”

Source: I News

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