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

CHAPTER 8 – USE OF THE MENTAL HEALTH ACT AND COMPLIANCE WITH THE
CODE OF PRACTICE
It also states:
“...it is clear that a central purpose of all treatment and care is to equip patients
to cope with life outside hospital and function there successfully without danger
to themselves or other people.” 94
And in relation to the Section 117 provisions:
”The aftercare of detained patients should be included in the general
arrangements for implementing the CPA, but because of the specific statutory
obligation it is important that all patients who are subject to Section 117 are
identified and records kept of them’.” 95
There is no evidence in the records that Louisa Ovington’s status as a ’Section 117’
patient was recorded.
The notes show that the discharge was virtually unplanned; there is some evidence
that the locality social worker was in touch with the hospital prior to discharge but
there were no specific social work notes amongst the Kneesworth records (and
the hospital confirmed that they would not be located anywhere else). Durham
Social Services expressed concern about the abrupt discharge without any aftercare
planning. Louisa Ovington had been detained in secure facilities for 18 months. It was,
to say the least, surprising that there was no proper planning and the consequences
were, in the light of the declaration in Chapter 27.1 of the Code (above) that Louisa
Ovington was not equipped, certainly for more than a short period, to cope with life
outside the hospital without danger to herself or others. In this respect it cannot be
said that the discharge from Kneesworth House was in accordance with the Code of
Practice.
On the 22 September 2004 Louisa Ovington made a ‘hysterical’ 999 call claiming that
Mr Hilton would not let her out of the house. She was taken under Section 136 MHA
(see ‘comment’ below) to Hartlepool General Hospital. She had apparently self harmed
but was assessed as no risk to herself and refused admission.
COMMENT
The effect of Section 136 is that a police officer may, if a person in a public place
appears to be suffering from mental disorder and is in immediate need of care and
control, take that person to a ‘place of safety’ (normally a hospital, but sometimes a
police station) to enable the person to be examined by relevant professionals to see
whether any arrangements should be made for the persons treatment or care. In this
case the section was used appropriately, but there was no further treatment or care
deemed necessary.
94 Code of Practice Ch 27.1
95 Code of Practice Ch 27 .3
131