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Mental Health Solicitors
NHS Trust fined after mental health patient drowns during water sports activity (4 August 2016)
Date: 04/08/2016
The Pennine Care NHS Foundation Trust has been fined for safety failings, after a patient drowned during a canoeing activity event.
Mansoor Elahi, 31, from Rochdale was an inpatient at Birch Hill Hospital when the incident occurred at Hollingworth Lake, Rochdale on 5 September 2013.
The Health and Safety (HSE) investigation into the incident found that Mr Elahi was participating in a pre-arranged rafted canoeing activity, provided by an outdoor activities centre in partnership with Pennine Care NHS Foundation Trust, when he removed his buoyancy aid and jumped into the water in an attempt to end his own life.
Health and Safety Executive investigators also found that Pennine Care NHS Foundation Trust had failed to carry out a risk assessment for the activity –
and had not adequately assessed Mr Elahi’s suitability to attend.
At Manchester Crown Court on 29 July 2016, Pennine Care NHS Foundation Trust – of 225 Old Street, Ashton-under-Lyne – pleaded guilty to breaches of Regulation 3(1) of the Management of Health and Safety at Work Regulation 1999 and Section 3(1) of the Health and Safety at Work etc Act 1974
The trust was fined £30,000 and ordered to pay costs of £51,223.88.
After sentencing, Mr Elahi’s family said:
“Mansoor was a loving, caring and immensely pleasant son, husband, brother, uncle and friend.
“He never failed to make those around him happy – and we feel that a massive piece of our life and soul has been taken away from us.
“This immensely difficult time – which has now spanned over two years – has left us with no choice but to unfortunately lose trust in the mental health services at Pennine Care NHS Foundation Trust.
“We cannot help but think that if it was not for these failings then we would still have Mansoor with us today.
“We hope and pray that some positive changes can come from these events so patients are no longer put at risk.”
Speaking after the hearing, HSE Inspector Caroline Shorrock added:
“The trust failed to adequately assess Mr Elahi’s suitability to attend the rafted canoeing activity.
“Mr Elahi’s actions were entirely foreseeable, as he had tried to enter the lake on a previous occasion.
“Had the trust carried out a suitable assessment, they would not have allowed a vulnerable person the opportunity to end his life.”
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.