News Archive: June 2024

The number of court applications related to deprivation of liberty (DoLs) orders in England has surged, reaching an all-time high in the first quarter of 2024. Advocates are expressing concerns that vulnerable individuals receiving care are increasingly being deprived of their liberty as a cost-saving measure.

DoLs orders are a legal measure under the Mental Health Capacity Act 2005 that allows for the restriction of an individual’s freedom of movement to ensure their safety when they lack the capacity to make decisions for themselves. These orders, intended as a last resort, are increasingly being used, raising concerns among campaigners that such restrictions on freedom are being implemented more frequently as a more economical option.

Recent figures from the Ministry of Justice reveal that challenges to DoLs orders brought before the Court of Protection (CoP) in England surged to 653 in the first quarter of 2024, marking a 31% increase from the previous year.

DoLs orders often affect older individuals with dementia, younger adults with severe learning disabilities, brain injuries, or those struggling with severe drug or alcohol dependencies. These individuals frequently have complex care needs, and in some cases, care homes or hospitals propose measures involving deprivation of liberty, such as constant supervision, being confined to rooms, or even physical restraints.

The Surge in Re X Applications and Community DoLs Cases

One of the most notable increases was seen in Re X applications, which allow the Court of Protection to authorise deprivations of liberty in non-contentious cases, without the need for a hearing in some instances. In the first quarter of 2024 alone, there were 1,211 Re X applications—a 27% rise from the average over the past four years.

The Re X process allows the court to make decisions in cases where individuals live in community settings, provided that the case is straightforward and uncontested. Applicants, typically councils or NHS bodies, must submit detailed information similar to that required in DoLS assessments, ensuring that the deprivation of liberty is in the person’s best interests and proportionate to the risks involved.

Increasing Challenges to DoLS Authorisations

The number of challenges to DoLS authorisations has also seen a sharp increase, with 653 such applications filed between January and March 2024. These challenges are typically brought by the individuals under DoLS orders or their representatives, often questioning the validity, duration, or conditions of the deprivation of liberty.

This trend of increasing challenges reflects broader issues within the care system. As DoLS applications continue to rise, reaching over 300,000 in 2022-23, concerns have grown about the adequacy of care provided and the extent to which individuals’ freedoms are being unnecessarily restricted. Arguing that these orders are sometimes used as a cost-saving measure, leading to more vulnerable people being placed under restrictive supervision rather than receiving care that promotes independence.

Social workers suggest that the increase in challenges may be related to hospital discharges, with some elderly patients being moved into nursing homes before they have fully recovered, rather than being allowed to return to their own homes.

Professionals in social care have noted that the rise in challenges indicates that vulnerable individuals and their families are receiving more support from local authorities to contest DoLs orders. However, the 31% increase may still significantly underestimate the number of people dissatisfied with their care.

Age UK reported in March that some individuals were being unlawfully deprived of their liberty because local authorities lacked the resources to process DoLs authorisations promptly. The backlog of cases exceeded 100,000, with an estimated 50,000 people passing away while awaiting their application to be processed in 2022-23.

Reforming the Mental Health Act

The government has committed to reforming the Mental Health Act to provide individuals with more choice, autonomy, rights, and support if detained. Additionally, it plans to limit the circumstances under which individuals with learning disabilities or autism can be detained. DoLs orders, however, are issued under separate legislation, the Mental Capacity Act. There had been proposals to reform DoLs into a new Liberty Protection Safeguards (LPS) scheme, however to date, this has not been implemented.

We Are Here to Help

DoLS Appeals

If someone you know or love has been deprived of their liberty or is subject to a DoLS, you can call us on 01642 247656 to discuss making an appeal, known as a Section 21A appeal.

Alternatively, complete our online contact form and one of our solicitors will be in touch.

Claims Against Public Authorities

If you or a loved one has been mistreated by a Public Authority and would like advice, guidance and representation with regards to making a claim, contact our team on 01642 247656 or complete our online contact form and one of our solicitors will be in touch.

Prison overcrowding has become a pressing issue in the UK, especially in the North of England, resulting in the Government activating emergency measures.

In July 2024, according to a research briefing for the House of Commons, 60% of English and Welsh prisons are overcrowded, meaning they are holding more prisoners than they can accommodate to a decent standard. These numbers continue to grow as in August more than 1,000 people were arrested in connection with violent disorder following riots throughout England and Northern Ireland.

The Government’s Response Prison Overcrowding

Operation Early Dawn, implemented on the 19^th of August to tackle the overpopulation in prisons, permits defendants to be detained in prison cells and not summoned to magistrates’ court until a prison space becomes available. These measures are being implemented across the North East and Yorkshire, Cumbria and Lancashire, and the Manchester, Merseyside, and Cheshire regions. Lord Timpson, Prisons and probation minister, stated

“We inherited a justice system in crisis and exposed to shocks. As a result, we have been forced into making difficult but necessary decisions to keep it operating.”

Justice Secretary Shabana Mahmood revealed plans to reduce the portion of sentences that inmates must serve from 50% to 40%, which excludes those convicted of sex offences, terrorism, domestic abuse or some violent offences. This temporary measure is anticipated to lead to the release of 5,500 offenders in September and October.

The Consequences of Prison Overcrowding

Overcrowding in prisons has been an ever-growing concern for years but it has now reached its breaking point. Although the Government aim to tackle the pressing issue, a short-term measure will not be sustainable in the long term. The overpopulation has a huge knock-on effect on the entire justice system, for instance, potential adjournments and ongoing delays. 

Overcrowded facilities often lead to inhumane living conditions, with prisoners being confined to small, poorly maintained cells for long periods. This environment fosters frustration, boredom, and restlessness, which can escalate into violence and increase incidents of self-harm. Additionally, the strain on resources makes it difficult to provide adequate rehabilitative services, such as education, employment, and mental health support.

Due to the overcrowding, prisoners are being moved further afield. Ellie Tweddle, Watson Woodhouse Prison Law Specialist, told ITV Tyne Tees News,

“We’re finding that many individuals are being transported to prisons around the country, mainly in the midlands or down south, which is affecting their access to legal advice and ability to access family visits. It is many of these individuals’ first time in custody, therefore being isolated in a place away from home without access to family and legal team is detrimental to their mental health.”

Prison Law Specialists

If you or your family member have been affected by the recent changes, call our specialist Prison Law team today on 01642 247656 or use our contact form and we will call you back.

Watson Woodhouse achieved a remarkable feat at the Northern Law Awards 2024 on Thursday night, securing four prestigious accolades. Our team celebrated this significant achievement by attending the awards ceremony held at St. James’ Park in Newcastle upon Tyne.

The Northern Law Awards recognises and celebrates the region’s abundant legal talent and achievements. The law event is for all legal professionals practising and working in the North of England.

Earlier this year, Watson Woodhouse was honoured to be shortlisted as a finalist for six awards:

• Rising Star of the Year
• Trainee of the Year
• Lawyer of the Year
• Personal Injury/Clinic Negligence Team of the Year
• Litigation and Dispute Resolution Team of the Year
• Pro Bono/Community Initiative

Watson Woodhouse are delighted to announce from our six finalist awards we have won Rising Star of the Year, Lawyer of the Year, Outstanding Achievement Award, and Litigation and Dispute Team of the Year!

Rising Star of the Year Winner – Abigail Gowland

To be recognised as a finalist for Rising Star of the Year, applicants must display a clear ability to contribute to the future management and growth of an organisation, show outstanding career development, and demonstrate initiative.

Abigal Gowland, recognised for her unparalleled level of legal insight and rapid career development, has been named Rising Star of the Year. Abigail’s promotion to Deputy Team Leader of the inquest and public inquiries department and her initiation of a judicial review against the Secretary of State for Health and Social Care are just a few of the remarkable achievements highlighting her exceptional skills and dedication.

Judges described Abigal as someone who “demonstrates real care for vulnerable clients while recognising the commercial reality of operating a law firm, and a clear understanding and support of the community in which the business is situated having set up a Free Walk-in and CAB clinics.”

Lawyer of the Year Winner – Sarah Ann Magson

To be considered as a finalist for Lawyer of the Year, nominees must exhibit outstanding legal, business development and employee development skills. Alongside, showcasing excellent leadership, client satisfaction, and exemplifying innovation and enterprise.

Sarah Ann Magson’s seamless transition from Head of the Civil Litigation Department to Operations Manager has showcased her exceptional leadership and management skills, winning her Lawyer of the Year.  Sarah exemplifies excellence in legal skills, business development, leadership, innovation, employee development, and client satisfaction. She plays a key role in the Senior Leadership Team of the firm and strives to grow the business as much as possible. Furthermore, Sarah’s commitment to employee development is commendable, as she plays a key role in nurturing talent within the firm and fostering a culture of continuous learning and growth.

The judges stated, “We have chosen this candidate due to her exceptional legal skills in fighting for her clients and challenging the law where appropriate. She has overseen huge growth in the size of her firm but also the breadth of services offered. Whilst she has taken on a new role, she continues to oversee the development of her team and she has been key to establishing the core values for the firm.”

Outstanding Achievement Award – Alistair Smith

To achieve the Outstanding Achievement Award, individuals must have shown significant achievement over many years and made an outstanding contribution to the legal profession or the organisation they are part of.

Alistair Smith’s astonishing career, spanning over three decades, has been marked by significant accomplishments and a lasting impact on the legal community. Alistair was the driving force behind the change in rules in the CICA scheme in relation to the ‘same roof rule’. Also, Alistair has been one of the driving forces behind the scheme offered to victims of the Medomsley Detention Centre. More recently, Alistair has been heavily involved in the push for a Public Inquiry into the Tees, Esk and Wear Valley NHS Foundation Trust and notably represents the families of the three girls who all died as patients at the Trust.

Read more of Alistair’s incredible achievements here.

Litigation and Dispute Resolution Team of the Year

To meet the criteria for finalist status in this category, nominees must exhibit outstanding legal expertise, demonstrating their ability to navigate complex disputes and achieve successful resolutions.

The Litigation and Dispute Resolution team have won Team of the Year, reflecting their merit in handling high-profile cases and advocating for justice. Among their list of high-profile cases includes reopening the cold case of the murder of Ann Heron, Durham Constabulary’s only unsolved murder, representing victims of high-profile abuse cases such as the Rotherham grooming circle and receiving a second inquest for Youseff Makki’s family.

The judges stated, “With a diversity of services, they have clearly demonstrated how their team works across all areas. They deliver results which have ultimately changed national legal policy. This David has challenged Goliath and champions those who do not have a voice.”

Not only do the incredible achievements of our award winners stand testament to Watson Woodhouse’s success, but so too do our nomination finalists.

Trainee of the Year Finalist – Lois Hepworth

In order to be a finalist for Trainee of the Year, the Trainee Solicitor must demonstrate second-to-none legal skills, significant development throughout their training, client service skills, initiative, and a notable contribution to the business.

Lois Hepworth’s outstanding legal skills, rapid development, and unwavering dedication to client care attained her a spot as a finalist for the Trainee of the Year award. Among many other accomplishments, Lois took charge of the Housing Court Duty initiative at Teesside Court and recently concluded her first inquest, managing the entire process from inception to resolution.

Personal Injury/Clinic Negligence Team of the Year Finalists

To be considered for finalist in this category, teams must demonstrate legal expertise reflected in their ability to handle complex cases with precision and skill. Alongside, showcasing excellence in client service, project management skills and the ability to work as a team.

Watson Woodhouse’s Personal Injury/Clinical Negligence department, recognised for their exceptional legal experience, received a nomination for Team of the Year. The team has consistently delivered outstanding results in personal injury and clinical negligence cases, particularly in complex multi-track cases and fatal accidents following an inquest. Whether it’s catastrophic injuries or long-term disabilities, our team’s depth of knowledge ensures comprehensive representation and optimal outcomes for our clients.

Pro Bono/Community Initiative Finalists – Free Walk-in Law Clinic

To qualify as a finalist in this category, organisations must demonstrate a strong commitment to delivering pro bono legal advice or community initiatives in the North of England.

Watson Woodhouse’s Free Walk-in Law Clinic was honoured to be named as a finalist for the Pro Bono/Community Initiative award for its outstanding contribution to the community. By providing accessible legal advice to those in need, the clinic exemplifies the firm’s commitment to promoting justice and supporting the community.

Looking Forward

As Watson Woodhouse celebrates these remarkable achievements, the firm remains dedicated to its clients and community, continuously striving for brilliance and innovation in the legal field. The awards from the Northern Law Awards 2024 are not just accolades but also a testament to the firm’s ongoing commitment to making a difference.

We are thrilled to announce Alistair Smith has won the Outstanding Achievement Award at the Northern Law Awards 2024.

The Northern Law Awards are an annual celebration of exceptional talent and success in the legal industry in the North of England. The event recognises individuals and organisations that have demonstrated excellence, innovation, and dedication in various areas of law. It serves as a platform to highlight the achievements of legal professionals and their impact on the community.

The Outstanding Achievement Award is one of the highest honours bestowed at the Northern Law Awards. This accolade is open to individuals working in the legal sector in the North of England who have shown significant achievement over many years and made an outstanding contribution to the legal profession or the organisation of which they are part. Recipients of this award exemplify leadership, innovation, and a sustained commitment to excellence in their field.

“I am overwhelmed by this award, totally delighted. It is testimony to the efforts of the whole unit who have all contributed to this award being given to me and all should be so proud.”

Alistair Smith

Alistair Smith’s Remarkable Career

Alistair has dedicated his entire career to making the lives of the people in the North East better.

Alistair embarked on his legal journey in 1992, commencing his training contract at another firm. He then honed his skills as an assistant solicitor at a firm in Wallsend before advancing to a firm in Stockton-on-Tees, where his dedication and expertise led to his elevation to Partner in 2006.

In 2014, Alistair brought his wealth of experience to Watson Woodhouse, assuming the role of Senior Solicitor and taking on leadership as Head of the Inquest and Public Inquiries Department. Throughout his extensive career, Alistair has consistently demonstrated remarkable achievement and dedication. His enduring commitment to excellence and sustained impact on the legal profession over many years set him apart as a true leader in his field.

In his role, Alistair has exhibited exemplary leadership qualities, inspiring confidence, trust, and respect among colleagues and peers. His ability to motivate and empower others, foster collaboration, and navigate complex legal issues with integrity and professionalism has earned him widespread admiration and acclaim.

Alistair’s drive and determination are unparalleled and evident in his relentless pursuit of excellence and unwavering commitment to achieving positive outcomes for his clients. In the face of challenges and obstacles, he has demonstrated resilience, perseverance, and an indomitable spirit, setting an inspiring example for others to follow.

Alistair Smith’s Notable Achievements

Among many achievements in his career, Alistair has been influential in advocating for victims of the Medomsley Detention Centre, helping numerous men who suffered abuse obtain the compensation they deserve. Medomsley Detention Centre in Barnard Castle operated from 1961 to 1988 as a prison for male offenders aged 16-21. In 2013, Durham Constabulary launched “Operation Seabrook” to investigate allegations of systematic sexual, physical, and mental abuse by prison officers over 25 years. This is one of the UK’s largest investigations of its kind, with to date approximately 3,000 victims have been compensated. Alistair continues the campaign for justice by taking part in the investigation by the PPO, commissioned by the secretary of state for justice, to investigate what was known by authorities about the abuse that took place.

Additionally, Alistair was the driving force behind the change in rules in the Criminal Injuries Compensation Authority (CICA) scheme regarding the ‘same roof rule’. The Criminal Injuries Compensation Scheme was introduced in 1964 to compensate innocent victims of crimes of violence. However, if victims (before 1979) lived with their attacker at the time they were denied compensation. Alistair challenged this rule on behalf of a lady, JT, and successfully overturned the rule with the Court of Appeal case of JT -v- First Tier Tribunal. Resulting in countless victims now being able to seek the compensation they deserved.

In 2020, Alistair was approached by the family of Ann Heron as a last attempt to try and seek justice for her murder in 1990. Ann’s widower, Peter, had fought for 30 years for justice and the case was considered a ‘cold case’ by Durham constabulary. It was the only unsolved murder by the force. Alistair assisted the family in a campaign to have the case re-investigated by a different police force. Eventually, earlier this year the family were informed that the case would be now re-investigated.

Over the last four years, Alistair has been involved in making sure better mental health services are provided to the people of the North East. This began after Alistar was approached by the families of Christie Harnett, Nadia Sharif and Emily Moore, who all sadly lost their lives whilst inpatients at Tees, Esk and Wear Valley (TEWV) NHS Trust. He supported the families through an independent investigation commissioned by NHS England and a prosecution by CQC. More families in a similar situation started reaching out which resulted in a call for a Statutory Public Inquiry to ensure that other families do not suffer the same heartache as those he now represents.

Alistair has met with the Secretary of State for Mental Health and local Members of Parliament on numerous occasions and is extremely active in campaigning for an improvement to local mental health services.

Congratulations Alistair Smith

Watson Woodhouse celebrates Alistair Smith’s well-deserved recognition at the Northern Law Awards 2024. His remarkable career and outstanding contributions to the legal profession serve as an inspiration to all, underscoring the values of dedication, excellence, and unwavering commitment to justice.

Check out Watson Woodhouse’s other Northern Law Awards 2024

To meet the increasing demand for private prosecution, Watson Woodhouse are proud to announce the expansion of our dedicated team. Our Private Prosecution team specialises in initiating criminal proceedings on behalf of individuals against another party for an alleged offence, stepping in when law enforcement or public prosecutors decline to act or when additional legal action is needed.

We’re committed to privately prosecuting a range of cases, including fraud such as banking scams, investment scams, romance scams, and cryptocurrency-related offences. Additionally, we handle criminal offences, white-collar crimes, and historic rape cases.

This expansion aligns with our strategic growth plan, reflecting our ongoing commitment to enhancing our capabilities and delivering comprehensive legal support to clients seeking justice.

Empowering Internal Talent to Pursue their Ambitions

At Watson Woodhouse, we are committed to nurturing talent and fostering a culture of continuous growth and development. We recognise the importance of empowering our employees to pursue their ambitions and reach their full potential. As part of this commitment, Watson Woodhouse established a dedicated Talent Team in December 2022. By investing in our employees, we can achieve greater success as a firm and continue to deliver exceptional service to our clients.

Olivia Bell, Talent Acquisition Partner, “As part of the Talent Team at Watson Woodhouse, I take pride in the development of our team from Trainee Solicitor to Head of Department. We are not only investing in skills; we are driving the direction of the firm by empowering our employees to be the directors of their own success.”

The Expansion

Our Private Prosecution department began with our Chairman James Watson, due to an influx of work the department rapidly grew, welcoming two Apprentice Solicitors and an Administrator to support the team.

For over three decades, James Watson has successfully developed Watson Woodhouse from a small criminal defence practice to a leading multi-specialist firm.

Mirelojo Alva Amadi-Emina, a third year Solicitor Apprentice, previously worked in several different departments across the firm including Housing, Crown Court and now Private Prosecution.

Charles Rowell, a first year Solicitor Apprentice, started his first seat in the Private Prosecution department.

Due to the demanding workload, the team was reviewed again in September 2023 and a role was opened internally which introduced James Pritchard, a Senior Solicitor, to the team.

Before joining Watson Woodhouse, James Pritchard trained at another local firm and qualified as a Solicitor in 2007. In 2010, James joined Macks Solicitors, a sister firm of Watson Woodhouse; before moving across to join the Private Prosecution team in November 2023. James now works exclusively within this ever-growing team.

James commented, “Having spent my career to date working in the personal injury and civil field, I felt some initial trepidation when I was invited to move across to Private Prosecution. But I like a challenge! I am now supported in my role by some of the most senior criminal lawyers in the region, and I have found that many of my hard-honed civil litigation skills readily transfer to the Prosecution role. We are currently a small but extremely determined team working in a niche area of law. I see this as a department ripe for expansion, I view that I know is shared both within the team and within the firm’s leadership.”

To find out more about our services and support contact us to speak to the team.

Workplace safety has become an increasingly significant concern for both employees and employers. Recent research conducted by YouGov for Injury Awareness Week reveals that 30,000 people in the UK believe they are victims of negligence each week. Understanding the impact of avoidable workplace injuries can be crucial for fostering a culture of safety and prevention in the workplace.

The economic costs of a workplace injury are extensive. The immediate financial burden includes medical expenses, workers’ compensation, and potential legal fees. These direct costs can be substantial, especially if the injuries are severe and require long-term treatment or rehabilitation. Beyond the obvious expenses, indirect costs such as lost productivity, increased insurance premiums, and the cost of training replacement staff can add up. Businesses may also face fines and penalties if the injury was due to non-compliance with health and safety regulations.

However, the economic costs are only part of the picture. The physical and emotional toll on employees can be profound. Injuries at work can lead to significant physical pain and long-term disabilities. The emotional impact can be equally severe, with injured employees experiencing stress, anxiety, and depression. These effects can extend to their families, who may also suffer from the emotional and financial strain. Severe injuries can drastically alter an employee’s quality of life, limiting their ability to perform daily activities and diminishing their overall well-being. Chronic pain or permanent disabilities can lead to a lifetime of medical treatments and adjustments.

On an organisational level, workplace injuries can negatively impact overall employee morale. Witnessing a colleague suffer an injury can create fear and anxiety among the workforce, leading to decreased job satisfaction and engagement. Companies that do not prioritise safety may find their reputation tarnished. Employees, customers, and stakeholders expect organisations to provide a safe working environment. Failure to do so can erode trust and result in a loss of business and difficulty in attracting and retaining talent.

Legal and regulatory ramifications are another critical aspect. Organisations are required to adhere to various health and safety regulations. Avoidable injuries often highlight lapses in compliance, potentially resulting in legal action, fines, and sanctions from regulatory bodies. Injured employees may seek legal recourse if they believe their injury was due to employer negligence. This can lead to lengthy and costly legal battles, further straining the organisation’s resources.

Preventing workplace injuries involves safety training and education, regular inspections and maintenance, and creating a safety culture. Regular training sessions on safety protocols and procedures are essential. Ensuring that all employees are well-informed about the potential hazards and the correct use of safety equipment can significantly reduce the risk of injuries. Routine checks and maintenance of equipment and workspaces help identify potential hazards before they cause harm. Addressing issues promptly can prevent accidents and injuries.

In conclusion, the impact of avoidable workplace injuries extends far beyond the immediate physical harm. The findings from the recent research conducted by YouGov highlight the alarming frequency of negligence-related incidents in the UK, emphasising the pressing need for action. Workplace injuries not only impose significant economic costs on businesses but also inflict profound physical and emotional tolls on employees and their families.

Contact Us Today

If you have been involved in a workplace accident, you could have a valid compensation claim.

Contact us today to discuss your accident at work on 01642 247656, email us at info@watsonwoodhouse.co.uk or use our contact form, and we will call you back.

Eleven grieving families reached out to Rishi Sunak through an open letter sent by The Northern Echo, requesting a public inquiry into the Tees, Esk and Wear Valleys (TEWV) mental health trust, which they hold accountable for the tragic losses of their loved ones.

The eleven families include David and Susan Moore, the parents of Emily Moore, 18, who lost her life while she was a patient in Tunstall Ward at Lanchester Road Hospital in Durham. A report into Emily’s death found 24 care and service delivery problems in her care under TEWV.

The family of Christie Harnett also signed the open letter. In 2019, Christie Harnett, 17, lost her life while she was a patient at West Lane Hospital in Middlesbrough. In 2024, the Care Quality Commission (CQC) prosecuted TEWV for the failures in the care of Christie Harnett and Patient X, resulting in a £200,000 fine.

Donna Watson, the mother of Jay Jones, signed the letter following her son’s death in Roseberry Park Hospital in Middlesbrough in 2022. Viv and Chris Jolly signed the letter on behalf of their daughter, Sarah Jolly, who died at 34 in sheltered accommodation.

Olivia Fawcett and Rebecca Brown also signed the open letter after losing their mother and father in 2019. Jean Zaremba, Cheryl Allan, Ronald and Rachel Stamp who lost their children have added their names to the call to action.

Following the open letter, politicians have joined the call for a public enquiry into TEWV, including Mary Kelly Foy, Labour MP Durham City, who reiterated her call for a public inquiry she initially made last year.

“No more delays. The Prime Minister must now commit to a public inquiry. Those who lost their lives, and their grieving families, deserve justice.”

TEWV responded to the open letter demanding a public inquiry.

Sign the petition

The calls for a public inquiry continue, you can help the fight for justice in signing the petition: https://www.rebuildtrust.co.uk/help-us/

Support Is Available

If the subject matter of this article or story has affected you in any way, then please know that support is available. When life is difficult, Samaritans are here – day or night, 365 days a year. You can call them for
free on 116 123, email them at jo@samaritans.org, or visit www.samaritans.org to find your nearest branch. Suicide and self-harm are preventable, and support is available.

Further resources and help can be found here.

In the Media

Echo letter sparks politicians to action over TEWV deaths

Bereaved North East families call on PM for health trust inquiry

Why a TEWV inquiry is needed

The Care Quality Commission (CQC) have successfully prosecuted Tees, Esk and Wear Valley (TEWV) NHS Trust for the failures in the care of Christie Harnett and Patient X. Following the sentencing at Teesside Magistrates Court on the 18^th of April 2024, TEWV has been fined £200,000.

In September 2023, TEWV entered pleas of guilty to two of three charges for failing “to provide safe care and treatment” which exposed patients to “significant risk of avoidable harm.” Both Christie Harnett and Patient X lost their lives while detained under a section in two different hospitals managed by the TEWV Trust.

Christie Harnett, 17, from Newton Aycliffe lost her life while she was a patient at West Lane Hospital in Middlesbrough in June 2019. West Lane Hospital was closed by inspectors in August 2019 in the aftermath of Nadia Sharif’s death. In January 2019, 33 staff members at West Lane Hospital were suspended for using unauthorised restraint techniques. The failure to consider the impact of this mass staff suspension was cited as one of the service delivery issues in Christie Harnett’s care.

Despite attempting to take her own life in March 2019, the report found no evidence that the circumstances around this incident involving bathroom fixtures had been adequately investigated. According to the report, an ‘organisational failure’ alongside a lack of efficient treatment, therapy, and problems in her care planning, contributed to her death. The report identified 49 care and service delivery failings.

Christie’s family described her as “a beautiful, courageous, caring, independent young woman, with a fiery temper and spirit. There was never a dull moment with her around, especially with her cracking sense of humour.”

Patient X, whose name has been withheld for legal reasons, was a patient at Roseberry Park Hospital in Middlesbrough when she lost their life in November 2020. Patient X died as a result of the same environmental risk factor not being corrected 18 months later.  The Trust’s investigation into Patient X’s death highlighted failures in her care including inadequate risk assessments and missed opportunities to update records.

Patient X’s family said, “She has left behind four amazing children all of which are so different but still so much like Patient X. The only glimmer of hope in all of this is that a part of her lives on in them and I hope that they will go on to achieve incredible things.”

Following on from the Trust’s guilty pleas in relation to the care of both Christie and Patient X, a five day trial took place in February in relation to the death of Emily Moore, in which they were found not guilty. The families returned to Teesside Magistrates Court today for the sentencing of the Trust.

The hearing heard how the deaths of Christie and Patient X have severely affected their loved ones.

Patient X’s mother highlighted, “The death of my daughter isn’t like anything you can begin to comprehend. I wouldn’t wish the pain, anger, and sheer distress on my worst enemy. I have not had a full night’s sleep in the last 3 years, my life is consumed with constant worry. I don’t get a minute to switch off, thoughts are constantly racing around my head. I know I have to be strong for the children, but I haven’t had an opportunity to grieve. I have lost my child, and I haven’t even been able to start to come to terms with that.”

Alistair Smith, representing Christie Harnett’s family, states “The size of the fine did not matter to the families of Christie Harnett and Patient X, it was the admission of guilt from Tees, Esk and Wear Valley which was important.”

Abigail Gowland, representing Patient X’s family, states “The loss that these families have suffered is incomprehensible, not only have their loved ones lost their life but they have also lost a great part of their lives and they feel the impact of this each and every day. I hope that this has been a stark warning to the Trust that their services require urgent improvement.”

Watch the ITV News Special Programme: Teesside Mental Health Trust fined £200,000 over deaths in its care

Support Is Available:

If the subject matter of this article or story has affected you in any way, then please know that support is available.

When life is difficult, Samaritans are here – day or night, 365 days a year. You can call them for free on 116 123, email them at jo@samaritans.org, or visit www.samaritans.org to find your nearest branch. Suicide and self-harm are preventable, and support is available.

Further resources and help can be found here.

In the media:

ITV News: Teesside Mental Health Trust fined £200,000 over deaths of two women in its care

Northern Echo: TEWV fined £200k after Christie Harnett and Patient X deaths

NHS Trust fined £200k for failings that led to death of two mental health patients