Wednesday, 20 September 2023

The Sorry Tale of a Failing Mental Health Trust, a Murder – and 2 Inquiries


In 2022 the Norfolk and Suffolk Mental Health Foundation Trust failed a Care Quality Commission Inspection for the fourth time since its ill considered and disastrous reconfiguration in 2013, the only Mental Health Trust in the country to have so abjectly failed in its responsibilities to provide an efficient and effective mental health service for so long.

Its failure was inevitable once it had gone ahead with a massive reconfiguration of service provision 10 years ago. It disbanded locality based community mental health teams, relocating them in a few centralised locations, inevitably meaning that those teams were less responsive to community needs, and had to travel further to have face to face contact with services users, making the service innately less efficient.

They also had the brilliant idea of encouraging the most experienced staff to take early retirement or redundancy, then expecting them to re-enlist on lower pay grades. Not only was this very expensive, but it left a huge shortfall in expertise, with an expectation that lower paid and less experienced staff would take on larger caseloads with more responsibility.

Then to top it all, the Trust systematically closed many inpatient beds, making it necessary to use expensive private hospitals to provide an often inferior service many miles away.

Throughout the 25 plus years that I worked in multidisciplinary community mental health teams, I always maintained that you could close beds, or reduce community based staff, but to do both would result in disaster. The Norfolk and Suffolk Trust proves the evidence of the truth of that.

The Trust has continued to perform with dazzling incompetence. In June 2023 it was revealed that a report into patient deaths in the Trust had been toned down in an attempt to deflect attention away from the failings of senior management. In the first draft, it was said that there had been "poor governance" in the way deaths data was managed, with governance also being called "weak" and "inadequate".

But the final report released to the public did not have these descriptions.

It was then discovered that the Trust had presented grossly inadequate statistics relating to the number of children known to the Trust These showed that more than 4,000 children were on waiting lists for mental health assessments, with more than 1,000 apparently waiting longer than a year, but they had included 3,000 other cases, mainly adults with ADHD.

While the current management in the Trust appears incapable of doing anything to improve its performance, early evidence for chronic mismanagement goes back at least two decades, to a time when the Trust was then known as the Norfolk and Waveney Mental Health Partnership NHS Trust.

A prime example is the case of Richard King.

On 7th August 2004, Richard King stabbed his stepfather, John West, 11 times, killing him.

Richard King had a diagnosis of paranoid schizophrenia and had been a patient of the Trust since 1991.

He was first assessed under the Mental Health Act in December 2002, when he was detained under s.2 for assessment. He was discharged after only three days.

Between then and 2004 there were a total of 8 admissions to hospital, mainly informal, but some under s.2 or s.3 of the Mental Health Act. He frequently reported paranoid delusions, and there was increasing concern about the safety of his wife and others.

On 15th July 2004, Richard’s social worker, who was also an Approved Social Worker, the predecessor to an AMHP, received a call to say that his wife was very upset and Richard had locked her out of the house. She visited, and as she knew him well, she was able to calm the situation somewhat. Richard agreed to an informal admission, and the social worker, accompanied by a police officer, and with a police car following, took him to hospital.

After a few days, Richard was allowed home leave at his request. He was in contact with the home treatment team during that time. After 11 days he was discharged without being seen by doctors at the hospital.

Less than two weeks later he killed his stepfather.

On 21st January 2005, he was found guilty of the murder of John West and was detained under s.37/41 Mental Health Act.

The Norfolk and Waveney Trust arranged for what was described as an independent inquiry into this serious incident. The Inquiry reported in June 2005.

One of its key conclusions was this:

“It is very probable that Richard King would not have been in a position to kill Mr West had he been correctly admitted under Section 3 of the Mental Health Act 1983 in July 2004. This would have allowed for a proper risk assessment and a mental state examination to be completed to the required standard during the course of admission. It would also have prevented the discharge being enacted without the patient being seen. He would not have been discharged or given leave until it was considered safe to do so.”

A daylong meeting was subsequently held in which all of Norfolk’s Approved Social Workers were present, to feed back the findings of the report and make practice recommendations in response to its conclusions.

This is where I make a confession. I know exactly what happened at this meeting, and the reaction of those present because I was there. I was one of those ASW’s.

The ASW’s were not happy about the recommendations. It was felt that undue blame was placed on the ASW and on the community nurse who had been involved in Richard King’s care in the community, while little was said about the role of psychiatrists in allowing him to be discharged without having been seen.

It was considered that the ASW who had arranged for Richard’s informal admission had acted competently and in accordance with the letter and spirit of the Mental Health Act, seeking the least restrictive option. The ASW’s home visit was not initiated as part of a Mental Health Act assessment, and since Richard had agreed to an informal admission, there had been no need to conduct a formal assessment. Even if such an assessment had taken place, it would have been unlikely that detention under s.3 would have been considered at that point. It might have been more usual to admit under s.2 for assessment.

Unison, the local government union, described the report as“flawed”, contained factual errors and misunderstandings, and had unfairly scapegoated social workers.

The local MP was also highly critical of the report, and Indeed, there was so much dissatisfaction that eventually, a properly independent inquiry was convened.

This report, entitled “Looking Through the Reeds”, was published in June 2008.

The report is too long to comment at length on its findings. However, the report noted that the social worker “did not regard herself as working within an effective team given the reception she received when arriving at the hospital and the subsequent abrupt discharge, without consultation with the community staff.” It also noted that an internal investigation had found that the social worker “had not breached departmental policies and procedures or acted unlawfully in failing to use the Mental Health Act on this occasion.”

The Inquiry further concluded that “We are not in agreement with findings of the previous panel in this regard. A s.3 could have been arranged at any time if Richard King had tried to leave the hospital. It was not.”

This inquiry also considered at length the nature and substance of the first inquiry.

It noted that the first inquiry was not independent of the Trust, and it did not comply with the appropriate guidance.

In relation to the first inquiry’s laying blame at the door of the social worker, the second inquiry was clear:

“We cannot agree with the inquiry’s conclusion, that had Richard King been detained under s.3 he would probably have spent longer in hospital and would not have been given early home leave. Scrutiny of previous admissions would have demonstrated that his admissions were, with one exception, extremely short whether voluntary or involuntary. He had left the hospital without leave on other admissions. In our view, the panel reached its opinion on this point against the weight of the evidence.”

The second inquiry was also critical of the way that the Trust handled the aftermath of the murder of John West.

It observes:

“Several members of staff that we interviewed told us how they were affected by criticism from the first inquiry and were not given any formal support to help them cope with the devastating effect of public criticism. While some moved to different posts and some were told of competencies that should be achieved, no one received any specific training to address deficits in their practice. Several felt victimised… There was no indication that the Trust had helped staff to prepare for the external inquiry and support them through the process.”

After all these years has the Norfolk and Suffolk Mental Health Foundation Trust learned the lessons of the past sufficiently to make the profound changes to its performance needed? In view of ongoing criticism and scrutiny by the press and the BBC, right up to when I posted this video in September 2023, I fear not. 

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