Lousia Ovington independent investigation report ... - NHS North East

CHAPTER 8 – USE OF THE MENTAL HEALTH ACT AND COMPLIANCE WITH THE
CODE OF PRACTICE
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Louisa Ovington spent living in the community after the lifting of this detention the
authorities remained under a specific duty to provide her with care, in addition to
their general duties under community care legislation and under the CPA.
It appears from the records that a CPA meeting was held on 21 February 1996 to plan
for Louisa Ovington’s discharge, although the panel has not seen the record of the
meeting itself.
Despite several short admissions to hospital, the Mental Health Act was not used
again until June 1998.
On 30 May 1998 Louisa Ovington was remanded to Low Newton Prison, Durham, on
charges of theft, threats to kill, possession of a bladed article and criminal damage.
Serious concerns were expressed about her mental state and on 5 June 1998 she was
transferred to the Tony White Unit at the County Hospital Durham under the care of
Consultant 5, under Section 35 of the Act, to enable a report to be prepared on her
mental condition and a recommendation as to sentence. Section 35 enables a court
to remand a person to hospital, for up to 28 days, for a report to be prepared. The
period can be renewed, for 28 days each time, to a maximum of 12 weeks.
COMMENT
This seems to have been an appropriate use of Section 35 and properly implemented.
There must have been one renewal as the matter did not come back to court for
sentence until 17 July 1998.
Consultant 5 expressed his view that Louisa Ovington was suffering from a mental
illness and personality disorder and recommended that the court should make an
order under Section 37 of the Act ( often known as a ‘hospital order’) so that she
could receive treatment in hospital. Section 37 provides that a court can, on conviction
for an imprisonable offence, authorise an admission to and detention in hospital
provided certain criteria (as to the existence of mental disorder and appropriateness
of the admission) are met. On 17 July 1998 an order was made under Section 37 and
Louisa Ovington returned to the Tony White Unit for treatment.
She remained under Section 37 until she was transferred to St Nicholas’ Hospital in
January 1999.
COMMENT
Again, this seemed to be an appropriate use of Section 37, properly implemented.
Section 37 is often accompanied by a ‘restriction order’ under Section 41- an order
made by the court restricting the patient’s discharge, transfer, or leave from hospital
without the consent of the Home Office. The order can only be made where it is