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Mental Health Solicitors

Southern Health NHS Foundation Trust facing more regulatory action over mental health patients’ deaths (7 April 2016)

Date: 07/04/2016
Duncan Lewis, Mental Health Solicitors, Southern Health NHS Foundation Trust facing more regulatory action over mental health patients’ deaths

NHS Improvement has advised Southern Health NHS Foundation Trust that further regulatory action will be taken, to ensure that the trust improves existing issues quickly – and to ensure that in the future staff can spot and quickly mitigate any future risks to patients and service users.

NHS Improvement has already taken action at the trust to support improvements to the way it reports and investigates deaths among people experiencing mental health illness and/or learning disabilities.

Alan Yates, a chief executive with more than 35 years’ experience in management within the NHS, was also appointed to act as Improvement Director at the trust by NHS Improvement.

The trust was issued with a warning notice by the Care Quality Commission (CQC), which highlighted a number of improvements that needed to be made, after CQC Inspectors visited the trust as part of a focused inspection during January 2016.

This inspection followed the publication of an independent report (the Mazars report) commissioned by NHS England, which highlights the failure of the trust to investigate and learn from the deaths of patients – particularly those receiving care in its older people’s, learning disability and mental health services.

The team of inspectors was also checking on improvements required in some of the trust’s mental health and learning disability services, following previous inspections.

Inspectors found that the trust had failed to mitigate against significant risks posed by some of the physical environments from which it delivered mental health and learning disability services – and did not operate effective governance arrangements to ensure robust investigation of incidents, including deaths.

The trust also did not adequately ensure staff learned from incidents to reduce future risks to patients.

In addition, inspectors found that the trust did not effectively respond to concerns about safety raised by patients, their carers and staff – or respond to concerns raised by trust staff about their ability to carry out their roles effectively.

CQC Deputy Chief Inspector of Hospitals and Lead for Mental Health, Dr Paul Lelliott, said:

“We have made it clear that the safety of patients with mental ill health and or learning disabilities provided by Southern Health NHS Foundation Trust requires significant improvement.

“We found longstanding risks to patients arising from the physical environment, that had not been dealt with effectively.

“The trust’s internal governance arrangements to learn from serious incidents or investigations were not good enough, meaning that opportunities to minimise further risks to patients were lost.

“It is only now – following our latest inspection and in response to the warning notice – that the trust has taken action and has identified further action that it will take to improve safety at Kingsley Ward, Melbury Lodge in Hampshire and Evenlode in Oxfordshire.

“The trust must also continue to make improvements to its governance arrangements for reporting, monitoring, investigating and learning from incidents and deaths.

“CQC will be monitoring this trust very closely and will return to check on improvements and progress in the near future.”

CQC expects to publish a full report of its January 2016 inspection of Southern Health NHS Foundation Trust in late April.

NHS Improvement intends to put an additional condition in the trust’s licence to provide NHS services, which would allow it to make management changes at the trust if progress is not made on addressing the concerns raised.

The trust now has the opportunity to comment on NHS Improvement’s proposals before a final decision is made on whether to put the additional condition in its licence.

Claudia Griffith, Regional Director at NHS Improvement, said:

“These latest findings from the CQC are concerning and need addressing promptly and effectively.

“The trust has continued to breach its licence to provide NHS services, so we have informed it of our intention to put an additional condition in its licence to allow us to make management changes should it not take rapid action.”

Duncan Lewis Mental Health Solicitors

Duncan Lewis is the UK’s largest provider of Legal Aid mental health services and can advise mental health patients on a wide range of issues – including access to NHS mental health services and detention under the Mental Health Act.

Duncan Lewis mental health solicitors regularly visit NHS hospitals and police stations to advise on mental health law – and are available nationwide at short notice for hospital and police station appointments.

In some cases, Duncan Lewis mental health solicitors may be able to advise the nearest relative or carer of a mental health patient on a range of issues, including initiating treatment reviews where appropriate.

For expert legal advice on mental health law, call the Duncan Lewis Mental Health Solicitors Helpline on 0333 772 0409.


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