NHS staff who refuse to give evidence to the UK’s largest-ever mental health inquiry face arrest under new powers given to the probe.
On Wednesday, Baroness Kate Lampard formally launched the newly converted statutory public inquiry into the deaths of up to 2,000 mental health in-patients at NHS Trusts in Essex. Those identified died while they were a patient on a mental health ward in Essex, or within three months of being discharged, between 2000 and 2020.
Under the Inquiries Act 2005, the Chair of a statutory public inquiry can issue a notice directing a witness to attend and give their evidence. If that person fails to appear, or threatens to breach the Chair’s direction, the Chair can apply to the High Court under section 36 of the Act for a witness summons to enforce the direction.
If the witness continues to resist, they can be arrested and brought before the inquiry to give their evidence.
The Essex Mental Health Independent Inquiry was established in 2021 with a remit to investigate the deaths of people on mental health wards in Essex. However, former chairwoman of the inquiry Geraldine Strathdee described the number of responses to the inquiry from current and former staff as “hugely disappointing”.
Dr Strathdee stepped down due to “personal reasons” earlier this year, with the new chairwoman named as Baroness Lampard and the inquiry renamed The Lampard Inquiry after Health Secretary Steve Barclay gave the inquiry statutory powers, meaning it can compel people to come forward and give evidence on oath.
Baroness Lampard, who previously led the investigations into Jimmy Savile’s abuse in the NHS, said: “I am determined to conduct this inquiry in a fair, thorough, and balanced manner. I am also concerned to ensure that I do not take any longer than necessary – the recommendations from this inquiry are urgent and cannot be delayed.
“The statutory powers granted to this inquiry will allow me to gather the evidence I need to investigate deaths and serious failings in the care of mental health inpatients in Essex. I very much hope families of those who have died will continue to engage with the inquiry.
“To be clear from the outset, I will not be compelling families to give evidence. Evidence from staff, management and organisations will be gathered in a proportionate, fair and appropriate manner.”
When asked if staff will be compelled to come forward, having until now been extremely reluctant to, Baroness Lampard said she hoped they would do so voluntarily, but that if they did not then the inquiry now has the power to order them to appear.
The Lampard Inquiry will continue to seek evidence from families of those who died, patients, and former patients of inpatient services. Baroness Lampard will also seek evidence from those who work in mental health settings, other relevant parties who can help the inquiry understand the circumstances surrounding these cases, and to make recommendations on how to improve the provision of mental health inpatient care.
Opening a public consultation into the inquiry’s terms of references, Baroness Lampard said she is minded to extend the timeframe the inquiry is looking at so the end date is moved from 31 December 2020 to 31 December this year. She is also considering inclusion of NHS patients treated in the private sector or by private providers.
Barry Sargent was 39 when he died on 6 April 2010, just two weeks after he was admitted as an informal inpatient to The Lakes, Mental Health Hospital in Colchester. On the morning of his death, Mr Sargent was seen by the psychiatrist and was told that he was going to be discharged from hospital the next day.
Shortly after this meeting at 1.30pm, Mr Sargent walked out of the hospital grounds. Staff failed to notice that Mr Sargent had left the hospital.
Just half an hour later, Mr Sargent died when he was hit by a train. The Lakes Trust failed to identify or document Mr Sargent as being missing from the hospital until later that evening. An inquest into Mr Sargent’s death found that staff had failed to follow their missing person policy.
When asked what she hoped to gain from the inquiry, his sister Della Innocent said: “Lessons to be learned, improvement in mental health services and resources nationally. To ensure change takes place to prevent other patients taking their own lives while in a place of safety.
“For our voices to be heard on behalf of Barry, who no longer has a voice. For the public to know that inpatient suicide should never be acceptable and should never happen. To ensure other families never have to experience the loss of a loved one through suicide whilst in an acute hospital setting. For transparency when things go wrong.
“An apology and recognition that Barry’s death was avoidable. To this date, we have never received an apology for what happened to Barry.”
Melanie Leahy, who has campaigned for a statutory inquiry for over a decade following the death of her 20-year-old son Matthew while under NHS care, told i: “After an 11-year battle I am happy to have finally secured the first-ever statutory public inquiry into the mental health system. I’m hopeful that I can discover the truth of how my beloved Matthew, aged just 20, died within seven days of entering a so-called place of safety.
“But for this to make a real difference it must be truly comprehensive. The scope needs to be widened to allow all to participate and for ongoing deaths to be investigated throughout the inquiry. Not only deaths need to be investigated, but also the failings in care experienced by those who are still living. Additionally, all agencies providing psychiatric care need to be included within the terms of reference.
“The inquiry must not miss out any part of the mental health services jigsaw if it is to be truly meaningful and make the far-reaching recommendations for change that are so vitally needed. My personal plea to Baroness Lampard is this: we must get to the truth – please do not fail our loved ones.”
