PRESENT AND PAST RESTRICTIONS
PRESENT RESTRICTIONS
Just now I had a call from Elizabeth and we were on the phone talking when a member of staff was nearby named Harry. He is a Healthcare Assistant and I could hear every word said. I have written the following to: CARECONCERNS (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST) lpft.careconcerns@nhs.net copying in the CQC. Deprival of S17 leave (not that ground leave is actually S17 leave has been threatened today 23.11.2023 by someone who I have been told is a nurse on the ward namely Lucy. S17 leave is a right not a privilege. I was told to write to the email address mentioned above however I see this as bullying and if such leave is deprived it would be ultra vires.
Dear All
I had a call from my daughter around 19:00 hrs 23.11.2023. At one point she was speaking to Harry, (HCA). I overheard Harry say Elizabeth’s leave off the ward has been cancelled altogether. He mentioned this was down to Lucy and because she was “hostile”. I phoned the office (call witnessed) and spoke to Harry. I asked what he meant by “hostile” and said that I had heard nothing to suggest she was hostile. He said this related to a previous incident so I pointed out that in certain papers there were no previous incidents of hostility and he said that Lucy was behind the cancellation of all leave.
Call witnessed in entirety so I cannot be accused of being hostile/aggressive myself and neither can Elizabeth but the discussion was loud and clear plus was witnessed.
I note there are two Lucys on the MDT list. I will leave that to you to find out but I want to hear back about the leave situation. It is only right that you copy in the rest of the family and those included in this email.
CAMSELL, Lucy (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST);
Waby, Lucieann (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST);
I have no idea which one might be responsible for taking away the only tiny bit of enjoyment she has. She has no quality of life whatsoever since being held on a virtual DoLs. This is clearly being done as punishment.
I am most concerned for my daughter’s health and wellbeing on Castle Ward.
I went to see my GP yesterday and I explained the current situation to them and how my daughter misses home and family and I am copying the GP in to this email as I informed them that I was concerned for her wellbeing and they are advised about the scan results also.
It is unbelievable cruelty to take away her small leave allowance and it is within NHS Guidelines to do an Impact Assessment on us both and send a copy of this to the Nearest Relative who is copied in. I am wondering if the GP can do an Impact assessment on me and then Elizabeth’s advocate be involved in doing one for her as per NHS guidelines.
Regards
Susan Bevis
I presently have 2-1 visiting restrictions and am not allowed to see Elizabeth off the ward. This has only been allowed on one occasion and have been discontinued on the grounds that apparently according to the RC “you are a bad influence”. It was then said it was an MDT decision because of negative effect I have on Elizabeth but this is hardly true as I have no end of text messages from Elizabeth. I am the only visitor and one who comes on a weekly basis bringing her food and things she runs short of. She is allowed out only with 2 members of staff present to the main hospital to the shop and to the restaurant. Just been informed that someone called Lucy is rescinding her leave tomorrow – she works in the office.
She has seen nothing at all of Lincoln which is quite sad after all this time.
I was not included in ward rounds to begin with but now am once a week. Elizabeth does not like to attend and sometimes flatly refuses to go as there are so many people at these meetings. She does not like meetings or crowds of people.
Visits from friends and relatives are considered crucial in the recovery and welfare of patients and research carried out on the severe restrictions imposed during the Covid pandemic indicates a clear detrimental effect on patients who missed visits from loved ones and friends. The impact on visitors has also resulted in an increased incidence of depression and anxiety being recorded.
Excluding or restricting visits should therefore be imposed only in exceptional circumstances where there are reasonable ground for believing that a visitor may have a detrimental effect on the patients therapy.
A decision to exclude visitors on the grounds of his or her behaviour or propensities must be fully documented and explained to the patient and where possible the appropriate person concerned. In the case of psychiatric patients the nearest relative should be informed of any visitor exclusions and supervision decision and if it is they who are excluded or supervised an explanation in writing is to be provided to them.
A visitor may be excluded or restricted to visits under supervision if the visit is considered to be anti-therapeutic (in the short or long term) to an extent that a discernible arrest of progress or even deterioration of the patient’s mental state is evident or can reasonably be anticipated if contact is not restricted.
An impact assessment should be carried out in consultation with the patient to assess the impact of any denial or restriction of visits on the patient’s welfare. Where a patient lacks capacity or is impaired as to their capacity an assessment by a suitably qualified best interests assessor should be carried out to assess any negative impact that denial or restriction of visits may have on the patient.
An Impact assessment has not been done on either of us in line with Guidelines.
What is bad about the above is that Elizabeth has not had an Impact Assessment. Elizabeth is being treated as though she has no capacity and deprived meaningful contact with family. I am the only visitor on a weekly basis and she has mentioned she is not happy with current arrangements.
Today Elizabeth has told me to pass on:
“Hello readers”
Today I have seen the therapy dog called “Cookie” on the ward. This was very nice. She is a “female angel dog”.
I miss my cat and constantly think about him.
I was not well yesterday. I have very bad autism. My eyes are affected and I think this is the medication. It sounds strange but the sensation I get is that my eyes are not connected to my head and I get this weird feeling and sometimes pain to my eyes and hands. I have been shaky on my feet today but have been doing some dancing on the ward. I want to do some more cooking. I get headaches too.
I hope I can come home for Christmas.
The ward is very noisy. Cant stand the noise.
I have tried to ring my solicitor again to see when she is coming to see me.
The impact on me as well as others in my position of not being able to have quality time with their relative is detrimental. At 5.00 am this morning I could not sleep and was in contact with another mother who has a son trapped in a prison environment. It affects you sleeping. It affects you wanting to eat and can impact on your health in a serious way such as stroke and heart attack. Elizabeth is being held for the sake of it not because she is a risk to others but because for convenience they want to put her into a care home.
Elizabeth’s views have not been taken into account because of three flawed capacity assessments. Elizabeth has her own separate living accommodation.
There is lots to do in the small local community and it is friendly where there are art groups, music groups, we are surrounded by wildlife reserves, the sea, beach and people are very nice here and kind. There are all the basic shops you could wish for within walking distance. You can hire mobility scooters if disabled. You can go for miles along the promenade. Another interest of Elizabeth is gardening and cooking. There is a college nearby and wellbeing groups. There are sensory cafes and I chose this area because it is so different to London and now they do not want her to come home and are trying to sever contact by sending her away against her wishes and that of her family out of area when there is everything here in this area I could not provide before.
When you as a parent have tried everything and know what works because Elizabeth was able to travel to Australia for wonderful care and had psychotherapy there is a sense of guilt that it is your fault as if I had not moved we would not be in this position now and what chance do you have against over 30 people at MDTs, many not known to us and some have been involved in previous reports and safeguarding not of a nice nature. I knew the London flat was no longer any good and not once scrap of care provide by Enfield and there were experienced carers who wanted to work with Elizabeth. There was no bathing facility Elizabeth could use and my attempts to get this in place were to no avail.
I cant think which area is worse so many bad things happened in Enfield that made me decide to move. I do think in Lincolnshire it is more rigid and this is not how things should be for people under the MHA – it should be least restrictive. It is as though she is on a DoLs. However the minute we did move we were subject to investigations and allegations of abuse and all sorts to discredit you which in a way has backfired. I would not be writing this blog if we were treated fairly but also I am not alone in Lincolnshire – constituency of the Health Secretary herself the Rt Hon Victoria Atkins who I have approached to look into the problem of what could be termed as “Medical Kidnapping” of vulnerable people going on nationwide and there are other cases in my new area and the most remarkable case of a 90 year old lady who is fighting for her son which I would love to feature. The effect it all has on you is that some days you feel like giving up on everything. It feels like someone has died and I know some of my contacts are going through even worse. Elizabeth is 36 and to a certain extent can speak up for herself but there are those who cannot speak yet know what they want and none want to be far away from their families.
I have seen on Twitter response to what I put about the Oliver McGowan mandatory training when I said I could see nothing of the sort in this area and I am very pleased it has been mentioned. The training may have only been given to a select few but should be given not just to NHS employees but management as well as social services and their safeguarding teams – EVERYONE INCLUDING THE DOCTORS need to have this training as they should respect when a patient constantly says “I am autistic”. It is not me saying that as I think otherwise but nevertheless if these medical professionals were taking part in the Oliver McGowan training then people like me with their sons and daughters trapped on never ending sections might be treated more fairly and not have to endure years of punishment.
PAST RESTRICTIONS
From: Blake, Zoe
Sent: 11 March 2022 09:59
To: susan bevis
Subject: Sundays leave request
Good morning Susan
I hope this email finds you well.
With regards to your request for section 17 leave on Sunday to visit Sleaford church.
On this occasion Section 17 leave for Sleaford church has not been granted.
If you would still like to Visit Elizabeth on Sunday Please let us know what time you would like us to book the family room from for a 1 hour slot.
Please book as soon as possible to save disappointment as we must insist the room is booked in advance.
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
Working hours Monday to Friday
From: Blake, Zoe
Sent: Friday, March 11, 2022 2:41:58 PM
To: susan bevis
Subject: RE: RELIGIOUS LEAVE FOR CHURCH NOT AGREED – WHO IS ACTING RESPONSIBLE CLINICIAN IN ABSENCE OF DR KUMAR AND DR SHAPASENDY
Good afternoon susan
I do apologise for any miscommunication Doctor Shahpesandy is the RC for ash villa and is acting as such today.
What time would you like to book the room for , Visiting is a 1 hour slot ( I have confirmed this prior to reply) you are welcome to spend some or all of that time in the grounds but this would still require being booked in.
Two members of Staff would still be supporting the contact but will be at a distance to allow some privacy.
For any Medical concerns or questions please use the 15 Minutes exclusive allocated time given weekly to yourself to address the doctors.
For any Complaints please Contact Pals lpft.pals@nhs.net
Anything else please don’t hesitate to contact me as your point of contact.
Emails to Multiple people within the LPFT organisation will not be answered.
If Emails are sent to myself please allow 72 hours for me to respond, responses will be given within working hours of 09.00-17.00pm
My emails, Direct line and Mobile numbers are:
Warm regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
Working hours Monday to Friday 09.00-17.00 pm
From: susan bevis
Sent: Friday, March 11, 2022 2:49:00 PM
To: Blake, Zoe
Subject: Re: RELIGIOUS LEAVE FOR CHURCH NOT AGREED – WHO IS ACTING RESPONSIBLE CLINICIAN IN ABSENCE OF DR KUMAR AND DR SHAPASENDY
Dear Zoe
As I have said before the church service is at 10.00 am. I have notified the church that my daughter is being deprived her religious rights by dr shapasendy
Sent: 28 March 2022 22:39
To: susanb
Subject: Re: Limbic system update
Susan
Elizabeth does have capacity to consent to those tests. I am a senior lecturer in medical ethics and law and since this study is to determine possible treatments for Elizabeth it is perfectly OK to carry them out.
I would have hoped that medical practitioners would have known that.
—–Original Message—–
From: susan bevis
To: BLAKE, Zoe (
Sent: Mon, 28 Mar 2022 19:05
Subject: Limbic system update
Hi Zoe
Are you trying to say that my daughter has no capacity?
Where is the study being done and who do I contact to get the necessary forms?
Elizabeth has agreed witnessed by more than one family member.
I look forward to receiving the necessary forms. The tests are very important I am sure you will agree and this has already been agreed by Dr Shahpesandy in any case. His important research needs to be widely publicised and I have proof she has already agreed. The more people who know about his research the better as this could widely benefit more than my daughter.
The entire family are witnesses to this consent in any case.
Regards
Susan Bevis
NEAREST RELATIVE, POA, MCKENZIE FRIEND AND MOTHER
Sent from Mail for Windows
From: Blake, Zoe
Sent: 28 March 2022 17:35
To: susan bevis
Subject: Limbic system update
Afternoon susan
I have spoken with Dr Shahpesandy and the bloods that need to be taken for the Limbic system are not able to be Done as it’s as part of a study, and the study requirements stipulate that the patient must have capacity to consent to have those particular bloods taken.
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
Working hours Monday to Friday 09.00-17.00 pm
From: susan bevis
Sent: 28 March 2022 09:41
To: Jackson, S (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST); s.jackson@lpft.mha.net; s.twist@lpft.mha.net
BLAKE, Zoe
Subject: Manager’s Hearing for Elizabeth 12.2.1987
Dear ********
As Nearest Relative for Elizabeth Bevis I would like to call a Hospital Manager’s Hearing as soon as possible.
Please inform everyone above of the date of this Manager’s Hearing.
Thank you.
Kind regards
Susan A Bevis
Mother, Nearest Relative, POA and McKenzie Friend for Elizabeth
From: Blake, Zoe
Sent: 22 March 2022 11:37
To: susan bevis
Subject: RE: ELIZABETH’S PHONE
Good morning susan
I have been down to see Elizabeth and her phone is in her locker.
I have been to Elizabeth and asked if she would like it and she asked that I Leave it in the locker.
If you need anything else don’t hesitate to let me know.
From: susan bevis
Sent: Tuesday, March 22, 2022 1:16:48 PM
To: Blake, Zoe Bevis
Subject: Re: ELIZABETH’S PHONE Re: MP/2022/03502
I can see right through everything zoe please don’t bother to excuse matters.
You most certainly do not appreciate anything to do with how I feel.
I did not ask Elizabeth to phone me but there are other family members who might wish to call so please just give her back the phone anyway ok. What is the problem with that?
Regards
Susan
From: Blake, Zoe
Sent: Tuesday, March 22, 2022 1:12:09 PM
To: susan bevis
Subject: RE: ELIZABETH’S PHONE Re: MP/2022/03502
Hi Susan
I am sorry you are finding this Distressing and I apricate you are paying for a phone contract.
I popped into see Elizabeth and expressed you had called and asked if she would like her phone to call you back and she declined.
It would not be Professional of me to force the phone onto Elizabeth if she has requested to have it placed in the locker.
Elizabeth has section 17 ground leave which you both used on Sunday when you visited.
Feel free to call me should you wish to talk further.
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
To: Blake, Zoe s.twist>; Jackson, s.jackson
safeguarding@cqc.org.uk; CONNERY, Sarah PALS(LPT) (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST) ;mhtcorrespondence@justice.gov.uk>
Subject: RE: ELIZABETH’S PHONE Re: MP/2022/03502
Dear Zoe
Yes there is one more thing you need to tell Elizabeth that her Family wish to talk to her. We are paying a contract on the phone and want to wish her all the best for her T******* and where is the link I requested?
I know it is up to the J****and P**** but as I am not even mentioned as the NR I have contacted the T.O to let them know and also the fact that Elizabeth requested me to be present.
I have had no response from either S Twist or S Jackson who is in charge of the MHA Office.
Elizabeth said she wanted me to attend on Sunday so if it is Lincolnshire Partnership Trust Ash Villa who do not wish for me to attend then I am not given a reason why Elizabeth cannot attend church either on Sunday or have the slightest bit of S17 leave. These questions remain unanswered from the last ward round as despite the further meeting arranged at 2.00 pm no section 17 leave was granted. This is constantly being disregarded why is that Zoe?
What exactly was your wording to my daughter when you asked her if she would like her phone or not? Did you say that her family would like to speak to her.
Why did no one tell her on her Birthday that I waited all day long and no one even informed her that her Birthday presents were in a storage room.
Please therefore pass the phone to my daughter right now thank you so that her family can wish her good luck for today. We are after all paying for the contract on the phone which should be with her at all times not charging or locked away in a locker room. I heard a very different story when I spoke to my daughter after several days following her Birthday. She had no idea I had left a card or presents. What on earth is going on under Ash Villa? The supervised restrictive visits akin to prison, the lack of contact. I’ve been through all this before and my daughter’s words are “I will never get better in here”
Just to remind you further these are her actual words from her messages.
I do not think you have any idea how awful and upsetting this is and my daughter also told me that words are being put in her head. That she is being put under pressure to sign papers and she has not even got her care plan.
Thank you.
Regards
Susan Bevis
From: Blake, Zoe
Sent: 11 April 2022 12:30
To: susan bevis
Subject: RE: Elizabeth
Good morning susan
Thank you for your email.
I will of course report the shoulder scratching you are concerned about to the Nurse in charge today , thank you for Highlighting this to us.
To be clear the 2 x 30 Minutes is not your entitlement but the leave that The doctor is happy to give Elizabeth.
2 x 30 Minutes ground leave is E’s entitlement to walk round the grounds, with that said E is not restricted to use the ward garden for fresh air and enjoy the flowers and wildlife. But not without two members of staff escorting her for the most part and treated very differently to others. Was told by a HCA she was on a “different kind of section”. On my visits the two members of staff would follow if we got up to have a walk or to sit in the shade.
As you are aware when you visited Sunday you continued your visit with Elizabeth in the family room, this is because we are no longer closed to visits.
You are welcome to arrange a chiropodist to visit Elizabeth however I would suggest this takes place in our treatment room, you would not be granted access to this area of the ward. I had to pay for this privately as she was in pain and agony with her feet.
The only access to the ward for yourself is the family room and this has been agreed is NOT the right place for the appointment.
With that said maybe you would be willing to wait until the appointment had finished and visit Elizabeth after the appointment.
In order to have access to any recording or CCTV footage you would need to send relevant paperwork to Subject to access request form. Done this but despite standing directly under the CCTV for which I once had a licence to operate no footage was recoverable.
Please find attached.
Any health concerns you have we can raise with the doctors on Friday.
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
Working hours Monday to Friday 09.00-17.00 pm
From: susan bevis
Sent: 11 April 2022 11:21
<Anita.heera@publicguardian
Subject: Elizabeth
Dear Zoe
I visited Elizabeth on Sunday and quite frankly was shocked by her appearance. She is starting to self harm by scratching herself and had a nasty looking red wound on her shoulder.
In addition I understand that she was still in pain with her feet. I spoke to J about this and I tried to cut the toe nails myself but I could not. My entitlement to see my daughter is just half an hour twice a week in line with Ash Villa’s Policy and I am wondering if it is OK for me to get a private chiropodist to visit Elizabeth in the grounds in addition? I would like you to confirm this is OK for me to be there for just an additional half an hour as I do not want to run the risk of certain staff calling the police yet again.
As the recent allegations against me are ruining my character and also as I am being investigated as an unfit attorney by Public Guardian Office, I have had to tell my employers about all of this and will need to prove to them that none of these serious allegations are true so who do I contact within the Trust to get all recordings and CCTV footage of the alleged incidents for which A Bartlett has accused me of in her letter and especially for last Sunday.
I also received a message from my daughter which is very distressing. Whilst lying in bed a lot during the day and not getting any exercise, held a virtual prisoner she is clearly going downhill physically and the doctor who visited her today has said he has muscle weakness to whole body which is no wonder why. She constantly claims she is autistic also but no one is listening.
I would also like to know how many additional injections of Lorazepam are being administered to my daughter per week? I am still the Nearest Relative and so am entitled to such information.
Also, what is Ash Villa doing about the i************ previously denied but recognised by Lincoln Hospital Charlesworth Ward?
I look forward to hearing from you. In the meantime I will look for a private mobile chiropodist.
Regards
Susan Bevis
From: Blake, Zoe
Sent: Friday, April 8, 2022 4:49:43 PM
To: susan bevis
Subject: Sundays leave
Good afternoon Susan
It has been raised that you wish for 1 hour ground leave on Sunday
This will not be granted.
The Section 17 leave that is in place is for 30 Minutes twice a week.
30 minutes has been taken today the reminder can be taken on Sunday.
To be clear you have 30 Minutes ground leave booked in for Sunday at 14.00pm
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
Mobile: 07518294826
From: PALS(LPT) (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST)
Sent: 31 March 2022 10:57
To: susan bevis
Subject: RE: HOSPITAL MANAGERS Ward Round Today Please can Elizabeth have her phone back if charging fao ALISON WHITING
Hi Mrs bevis
I have checked with the MHA team. They are aware that you are delegating your nearest relative responsibility. But I had not exactly agreed to do so and besides Elizabeth did not want me to. Please be assured that the hospital managers hearing is being scheduled in accordance with the code of practice and relevant people will be informed in due course. I was excluded from the Manager’s Hearing but knew all about it thanks to Elizabeth’s invitation but was refused a link to attend.
kind regards
Ann Munro
Patient Experience Lead
From: susan bevis
Sent: 30 March 2022 21:01
To: PALS(LPT) (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST) <lpft.pals@nhs.net>; safeguarding@cqc.org.uk; Enquiries <Enquiries@cqc.org.uk>; Blake, Zoe
Subject: Re: HOSPITAL MANAGERS Ward Round Today Please can Elizabeth have her phone back if charging fao ALISON WHITING
Dear Ann
I have written to S Jackson and S Swift of the MHA office. I have not had any response. I wanted to discuss matters with the Associate Managers at a Manager’s Hearing. As Nearest Relative I am entitled to call a Manager’s Hearing so please can you look into this as to the reasons why I am getting no response.
Regards
Susan Bevis. 07498299069
From: susan bevis
Sent: 18 March 2022 12:13
To: PALS(LPT) (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST) <lpft.pals@nhs.net>
Subject: HOSPITAL MANAGERS Ward Round Today Please can Elizabeth have her phone back if charging fao: ALISON WHITING
Dear Alison
Today’s ward round made me feel slightly happier in that Dr Shapasendy offered to look at S17 leave and that the abnormalities on the scan will be investigated hopefully.
It is sad though that I am finding myself in exactly the same position as I was back in the former area and I see it as bullying and absolutely horrible. There is no way that Elizabeth would have knowingly signed anything against me being NR as she has been constantly sharing information. She was given papers to sign but says she did not read them. They were given to her whilst she was recovering from covid and not feeling well at the time and she felt under pressure to sign.
Anyway I hope you can help me in that I would like to know who the Hospital Managers of Ash Villa are please. I am still the nearest relative and would like to contact the managers. As you can see Mr H has added his voice to the complaint you have in response to the letter from A Bartlett Ward Manager.
Regards
Susan Bevis
From: GH
Date: 14 March 2022 at 11:27:58 GMT
To: aB
Cc: lpft.patientexperience@nhs.net
Subject: Letter from Alison Bartle to Susan Bevis
I have read the letter from yourself to Susan Bevis and would totally refute the allegations of rudeness or threatening behaviour by Susan Bevis.
I myself have witnessed such calls as I have been in the same room as Susan makes the calls.
I am also aware of the awful occasion on E’s birthday and having spoken to her direct how she was looking forward to receiving her birthday cake. Several friends and family in addition to myself spoke to E prior to her birthday and were given the same impression. It seems to have been out of character for her to not want contact.
I am witness to E’s care over many years and have to say this has been the most restrictive to date.
In every ward round interview E has been asked where she wants to live. She constantly says she wants to come home. We are working on providing her own safe self contained and peaceful accommodation. No way should she still be kept at Ash Villa but staff should be working towards providing care in the community.
I wish this email to be included in any complaints procedures as I would back Susan Bevis in stating that no threats have been made against members of staff, and that current restrictions are wrong, unhelpful and a backward step in E’s care. Indeed I would say that both myself and family members have stated that it has been staff that have been rude and dismissive. Have staff been told not to give information, perhaps they are bullied by senior staff.
On moving to Lincolnshire, Susan did all in her power to put medication injections ongoing in place for her care to continue. This included notifying the new GP and a trip to Urgent Care. The injections she was being reduced slowly and gradually no doubt because of the discharge note pointing to only physical health concerns.
The ward round recently appeared to be a deliberate attempt to stop attendance.
A reply to this email is not required but please ensure it is included in any complaints procedure.
Sent from my iPhone
If there are abnormal readings on a scan they have an absolute duty of care to investigate them and a psychiatrist is not qualified to do that. If there is a lesion it needs treating as such. Psycopharmaceutical interventions are not suitable to do that.
If that abnormal reading is in the pre-frontal cortex it could account for some of her behaviour and non-responsiveness to drugs.
She needs that scan and a proper investigation of anything found, not just references to ‘abnormalities’
From: susan bevis
Sent: 06 April 2022 12:00
To: Blake, Zoe
Cc: safeguarding@cqc.org.uk; OPG Safeguarding Unit; OPG Customer Services;
Subject: Re: Ground visit
Dear Zoe
It was ********, witnessed by my daughter and others who accused me of assaulting a staff member and I have a reference number from the police regarding this as they called police on me. My daughter reacted to the accusations from ********** that I assaulted a member of staff and these allegations and/or my alleged threatening behaviour led to police being called.
Everything is now on police records and I do not lie. “Oh no my Mum did not assault a member of staff”.
Anyway,I am now in touch with Adult safeguarding regarding my daughter’s discriminatory treatment at Ash Villa in accordance with Lincolnshire Partnership Trust’s Policy so I was told. No doubt they will examine all in this connection. Why did dr Shahpasandy say there was concerns regarding me and safeguarding. Perhaps he can explain all to Adults Social services and CQC. Elizabeth tells me Dr RM and one other has left all of a sudden. So if there is no safeguarding one member of staff has said E is on “a different kind of section” that warrants such restrictions? Which section?
Also please give E her letters back. She told me they were taken and held in the office.
In addition why are staff supervising visits from the chaplain and advocate?
Surely you must know that it is unlawful for any member of staff to be present when a patient sees an advocate?
Anything like allegations of my threatening violent intimidating behaviour as alleged will be clearly captured on CCTV and should be examined before any more letters are produced by A Bartlett accusing me of such. I used to operate CCTV so I would know.
Why is J questioning my daughter on the subject of me being nearest relative? This is a legal matter and NOT a clinical matter?
As regards the Limbic tests which incidentally require a scan first – these were agreed last ward round but no blood test or scans have been done and Dr RM did not come and see Elizabeth as planned now she is leaving apparently. It is not a matter of discussing what had already been agreed but when will scan and blood test be carried out?
Also please keep me informed and rest of the family re the cancer tests for E plus MRI.
I will be having an advocate of very high standing soon by the way.
Regards
Susan Bevis
Get Outlook for iOS
From: Blake, Zoe
Sent: Wednesday, April 6, 2022 11:33:31 AM
To: susan bevis
Subject: RE: Ground visit
Good morning susan
If you don’t mind I will reply to both emails in one.
With regards to you requesting visits to E both Friday 8th of April and 10th of April at 14.00pm this has been agreed.
E currently has 2 x 30 Minutes S17 ground leave a week, 30 minutes has been agreed for Friday and 30 minutes for Sunday, the Visits will be supported by 2 x staff members.
To address some of your raised concerns below.
- There has been no mention from any member of staff that you have physically assaulted anyone, The nurse on duty has not made this allegation in any documented notes recorded for the day.
- J is the wards clinical lead for the ash villa unit
- As for the Limbic tests we can discuss this will Dr Shahpesandy at the meeting 10.00 on Friday.
Should you wish to discuss anything else further please don’t hesitate to call or email.
Warm regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
From: Tammy Waby
Sent: Wednesday, April 6, 2022 10:41:24 AM
To: susan bevis
Subject: RE: safeguarding referral outcome for Elizabeth
Morning Susan
I can confirm that from LCC there is no active safeguarding against yourself.
The only active safeguarding is the one that you have raised against Ash Villa
Regards
Tammy Waby
Principal Practitioner
Safeguarding Vulnerable Adults Team
Adult Care and Community Wellbeing Directorate
Sleaford Area Office,
105 Eastgate,
Sleaford
NG34 7EN
From: Blake, Zoe
Sent: 23 March 2022 09:59
To: susan bevis
Subject: limbic encephalitis
Good morning Susan
Doctor Shahpesandy has asked I make contact and advised you regarding your request to have limbic encephalitis looked into for Elizabeth
Doctor Shahpesandy has advised that he cannot justify an open scanner But if Elizabeth agreed to a blood sample being taken he will send it to the lab to test for limbic encephalitis. Do not know if this was carried out as Elizabeth told me no-one came to give her the blood test for the Limbic System and was expecting a Dr R to come. Even if this is not done – an MRI was not carried out and should have been immediately by the other ward under Dr Ismail where they tried to carry out safeguarding against me so I found out. At Ash villa the episodes started. There was an accident where she hit her head. It is only now a scan has been carried out and it is not reassuring it said normal as things have been identified from the private scan.
If you have any more questions regarding the above please raise it on Friday when you have your meeting with Dr Shahpesandy.
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
Working hours Monday to Friday 09.00-17.00 pm
From: Blake, Zoe
Sent: 07 June 2022 12:17
To: susan bevis
Subject: RE: Visit Tomorrow to Elizabeth
Hi Susan
I do hope it will be a nice day for you, as today is.
Scan update is Elizabeth is still refusing to go, and I will need to ask about the endocrinology for you. She would have gone if I had been allowed to take her but she was on restrictions as though in prison and I was on supervised 2-1 supervision. She would have gone if under an open scanner.
As far as I am aware other family members are aware we are monitoring phone use for a period of time.
Phone calls as well as phone use will be monitored for the agreed period of time. You have no right to do this under law.
Our new RC at ash villa is still Dr Kumar but may change in the near future, I will advise when this happens.
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
DEPRIVATION OF LIBERTY – DO YOU HAVE A CASE?
May 3rd, 2016
This is an area of law which is undergoing significant change yet which is of profound significance for vulnerable individuals. The following provides a brief overview of the current position.
Human Rights Act 1998
Article 5 of the Human Rights Act 1998 enshrines an individual’s right to liberty.
However those deemed to be ‘unsound of mind’ can be deprived of their liberty by the state as long as this follows a lawful process. The phrase ‘unsound of mind’ would apply to individuals who don’t have capacity to make decisions and who are subject to the provisions of the Mental Capacity Act 2005. GJ has done a best interest assessment and did not even tell Elizabeth – she is I understand a nurse but from this assessment Zoe Blake stated that Elizabeth had no capacity regarding me attending a Manager’s Hearing when Elizabeth had invited me and told me the exact time of this meeting but disturbingly I as NR had been asking for a Manager’s Hearing for months only to be totally ignored by the MHA Office S Jackson Manager on every occasion. This is most suspicious I am sure you will agree. So the phone has been taken away from Elizabeth as a means of punishment to stop her from speaking to her family, a hospital run by the NHS under Lincolnshire Partnership Trust that has total unaccountability and rife with bullying as we have encountered.
Mental Capacity Act 2005:
The legislation sets out two separate processes for a person lacking capacity to be deprived of their liberty, depending upon the location where their care is received.
- Deprivation within the community:
An authorisation can only be provided in relation to a deprivation within a community setting (eg the person’s own home or a supported living placement) by making an application to the Court of Protection. - Deprivation within a care home or hospital: YES trying to do that now behind our backs OOA.
To authorise a deprivation of liberty within a care home or hospital, there must be compliance with the Deprivation of Liberty Safeguards (DoLS), detailed at schedule A1 Mental Capacity Act 2005 – SINCE FEB 2022???? to date Please look into this CQC as when I checked no DoLs was in place for such restrictions to be lawful.
What is a Deprivation of Liberty?
In the leading case of P v Cheshire West & Chester Council (March 2014) the Supreme Court provided an acid test to decide if someone without capacity had been deprived of their liberty.
A person can now be said to be deprived of their liberty if:
1. they are subject to continuous supervision and control; and
2. they are not free to leave (with the focus being not on whether a person seems to be wanting to leave, but on how those who support them would react if they did want to leave.) Exactly!
Elizabeth is welcome back at home saving £3800 of public money wasted on imprisonment of the highest degree we have never thought possible under the NHS especially since she was not on a section CTO in the former area and was entitled to CTRs and at last was starting to be treated more fairly.
An architecturally designed separate living accommodation within the back garden has been provided and had no objection to MH professionals visiting her. She was previously being taken off the depot as her discharge note pointed only to physical health concerns relating to central nervous system – abnormal findings on scans.. We have had nothing but bullying under Lincolnshire Partnership Trust since our arrival.
You can be sure I have contacted social services to check to see if DoLs are in place and was clearly told “no” which makes all of this unlawful surely.
The Position After P v Cheshire West
This truly was a watershed judgment which confirmed that many more people were deprived of their liberty than had previously been thought. The decision has now triggered a ten-fold increase in applications for authorisation and it is estimated that in the year 2015/2016 there will be:
- 176,000 standard authorisations by Local Authorities
- 30,000 authorisations by the Court of Protection
The increase in necessary authorisations has brought with it a consensus that the DoLS authorisation process for care home and hospital placements which is supervised by Local Authorities is no longer fit for purpose.
On this basis the Law Commission has been invited to review the safeguards and come up with proposals for an improved system. The Law Commission will produce their final proposals later this year.
In the meantime the Court of Protection has been seeking to produce a streamlined procedure to ensure that authorisations for deprivations within the community can be conducted efficiently and fairly given the increased workload.
A stalemate has unfortunately been reached in relation to individuals who do not have a friend or family member to participate in these court proceedings. A suitable representative for the individual is a required minimum procedural safeguard, but if a willing volunteer is not available then a paid professional must undertake this role. Unsurprisingly no public body has the resource available to meet this expense on the large scale anticipated.
In March 2016, Mr Justice Charles addressed this stalemate in the case of Re JM & Ors. He commented;
“I am sorry to have to record that in my view the stance of the Secretary of State (through officials at the MoJ and DoH) in these proceedings has been one in which they have failed to face up to and constructively address the availability in practice of such…representatives”
Judicial pressure has now been firmly applied to Central Government to come up with some solution to enable lawful process to be followed. Watch this space.
Unlawful Deprivations of Liberty & Damages Awards
It is a little known fact that an individual who has been unlawfully deprived of their liberty has a right to compensation.
Compensation should be awarded to an individual if the relevant deprivation of liberty process was not followed and, as a result, the individual was wrongly deprived or was excessively restricted.
Recent cases have attracted compensation in the region of £3000 – £5000 per month of unlawful deprivation, although this is guidance only and not binding.
It is widely believed that there are countless incidences of unlawful deprivations of liberty and that the potential liability for compensation claims could be highly significant.
Finally
The following are all signs that a deprivation of liberty may be unlawful:
- Local Authority forcing a person into a care home without consent or against their will
- The person or their family/friends not being happy with their care
- The person or their family/friends not being involved in the authorisation process
- The person or their family/friends not being told how to challenge or complain about their care
- Care which is overly restrictive/protective/risk averse
If you have concerns that someone you know may be subject to an unlawful or overly restrictive deprivation of liberty, please contact us to discuss whether we can help.
YES I DO UNDER LINCOLNSHIRE PARTNERSHIP TRUST FROM FEBRUARY 2022 TO DATE AND I ALSO CONSIDER THIS TO BE OF HUGE PUBLIC INTEREST CONSIDERING THE WASTAGE OF PUBLIC MONEY WHEN ELIZABETH COULD BE AT HOME RIGHT NOW AND WE ASKED FOR NOTHING APART FROM THE DEPOT TO BE CONTINUED IN NEW AREA WITH THE REDUCTION PLAN WE SHOWD FROM THE FORMER AREA. WHY WAS THIS SO DIFFICULT LINCOLNSHIRE PARTNERSHIP TRUST AND BEHMHTNHS?
Please further see below as it is not just me who is unhappy about the treatment of my daughter whose life is being put at risk and it is recorded has low blood oxygen levels which could be life threatening.
Email below from Elizabeth’s father:
From: SB
Sent: 07 June 2022 16:55
To: susan bevis
Subject: Re: Yesterday’s Visit
When I arrived Elizabeth was in bed and didn’t want to see me as she didn’t want to see me at first She eventually came and saw me and we had a nice afternoon but she said she didn’t want to see me in her state. To be honest she was unresponsive but we did have a couple of laughs together don’t know how her oncology appointment went Elizabeth said it was up to her if she went but I tried to encourage her to go. I tried my hardest to get an update from doctors but they wouldn’t give me one as her condition when I saw her last to now hasn’t improved As for her flat I’ve sought advice as I cannot just remove her possessions I need her permission and she was in no fit state as of yesterday to give it as it has to be in writing Also where is her stuff going? I’m trying really hard to resolve but hitting too many obstacles Any advice gratefully received I also left Elizabeth some money which has been put in her locker for safe keeping!
Subject: Re: stress induced psychosis
They recognise that Elizabeth has stress induced psychosis but signally fail to recognise that they are the cause of much of the stress. Do they not realise that being deprived of liberty is about as stressful as it gets.
Oh, and nasty tastes are an effect of the anticholinergic effects of the drugs. Odd they don’t recognise that either.
Ask for a detailed explanation of why Elizabeth cannot be given s.17 leave. Including a full appraisal of her current state of mind, not some utterly inadequate reference to outdated diagnostic criteria. Section 17 leave is part of the rehabilitation programme and patients do not get better permanently locked up in a bizarre setting with hostile staff.
It is patently obvious that if Elizabeth does not want to engage with the staff in Ash Villa that they need to make better arrangements. She clearly needs one to one psychotherapy with someone she can trust and who can break through the barrier that these mental health professionals themselves create.
No amount of incarceration in a locked ‘rehabilitation’ ward will improve her quality of life and all it will do is make her more determined to reject their interventions. The idea that rehabilitation can be achieved in a lock-up is bloody ridiculous in any case.
As for schizophrenia I would suggest that the nurse needs to do some CME training. Virtually no-one considers this an organic condition anymore and even where it is recognised as a disorder it is syndromal and not a condition with either aetiology or prognosis. Thousands of those accused of being schizophrenics recover if properly treated. Millions of others are simply drugged and locked up for convenience.
I think that Elizabeth would show signs of recovery if she was given seven days leave and later attended as a voluntary patient. If they cannot see that her defiance will not subside after this length of time they need to reconsider their chosen professions.
From: susan bevis
Sent: 06 April 2022 10:32
To: Tammy Waby
Subject: Re: safeguarding referral outcome for E (3500795)
Dear Ms Waby
It was Dr Shahpasandy who told me that concerns had been raised about me personally but I do not know by whom so because of the restrictions put in place whereby I have only supervised visiting rights I thought it has got to be either safeguarding or DoLs. I was told my daughter could not even come out in the garden alone with me due to safeguarding concerns and her being on a different type of section. At Xmas my daughter came home for a few days but became unsettled on her return from leave. My daughter claims to be autistic. She sees it as punishment and says she is injected sometimes because of her i***** and that certain staff are putting pressure or have done to get her to sign paperwork and also in relation to her nearest relative. I was told they were doing everything in line with their policy and my daughter has complained that staff are behaving in an intrusive manner on the ward towards her.
I was told by dr Shahpasandy he is getting rid of me as nearest relative and that the POA investigation is an entirely separate matter.
Safeguarding was commenced under Lincoln Hospital Charlesworth Ward but I thought this had been stopped.
Regards
Susan Bevis.
From: susan bevis
Sent: 09 May 2022 12:01
To: Kumar, Praveen
Cc: BLAKE, Zoe
Subject: Main Points of Concern
Dear Dr Kumar
- My main concern is the very lengthy detention of my daughter now around 8 months who is suffering from comorbidity illnesses and deprived of exercise and fresh air under section, physically not benefitting from treatment that is so very restrictive and is declining physically. It is about time she was released back home in accordance with her wishes because already she has developed what could well be breast cancer as a result of lack of vit D and exercise.
- I brought in a bird table that could be fixed to her window but still this has not been done. This was suggested by a member of your staff.
- The environment is traumatic and distressing to my daughter of being locked up and what evidence is there that she has got well after so very long when it is clear from her messages to the family she is not gaining benefit. She misses the home environment and her cat and everything she needs can be provided in the community.
- It has been suggested by **********, world leading expert on complex PTSD be involved in helping Elizabeth and I am quite prepared to pay for this.
Perhaps these issues can be discussed above all others at the forthcoming manager’s hearing and hopefully even sooner at a weekly meeting I am normally invited to attend.
Yours sincerely
Susan Bevis
Sent: Tuesday, May 24, 2022 1:28 pm
To: <susanb
Subject: Re: Managers hearing
You might be interested in the contents of this lecture, especially from slide 38 which explains the duties of Health Informatics Professionals.
As NR and with Elizabeth’s written consent you are entitled view the capacity report which must give full reasons for the decision on capacity.
Capacity is a legal construct and not a medical one. As Elizabeth’s NR you can challenge the capacity report. See the Bournewood case (also attached).
From: Blake, Zoe
Sent: 24 May 2022 10:12
To: susan bevis
Subject: RE: Managers hearing
Good morning Susan
I hope your well.
As advised on many occasions I am your single point of access, others will not reply but I will seek to gain the relevant answers and feed them back to you.
You will not be sent the link to the managers meeting today, Elizabeth has not given verbal consent to any member of staff although we have tried to gain this on many occasions.
Elizabeth has not been deemed to have Capacity to consent to your request on this occasion.
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
There is no tangible reason why Elizabeth cannot be given s.17 leave and the refusal to allow her some respite form permanent confinement is positively detrimental to her mental health.
In a nutshell they are institutionalising her by stealth. This is a human rights issue and not one for half-assed tribunals.
This circumvents the institutional bias of the tribunals and involved decisions based on well establish law rather than the convenience of the staff at AV. It is utterly absurd that she has not had some home leave in eight months. Even a restricted patient would have been allowed some leave.
From: Blake, Zoe
Sent: Friday, June 10, 2022 11:32 am
To: susan bevis
Subject: Unlawful Deprival of Liberty
Hi Susan
I do not best placed to answer about Dr Kumar but have asked the questions and will reply when I have the answers for you.
Our mental health nurses are qualified to undertake capacity assessments.
Informal capacity assessments can be done by anyone, for example if a patent needs help in finding something to wear we would assess what level of support is needed and help, this is a capacity assessment.
Formal Capacity assessment is for things more in-depth such as understanding rights under the section they are held at this point someone who is best placed can undertake the capacity assessment. In most cases this will be done by mental health professionals from consultant to nurses.
I have received a message from GH and I will call him back when I have availability which should be this morning.
You have every right to call me based on me being your point of contact.
Elizabeth does not have set times in which she has her phone.
Elizabeth is offered the phone intermittently thought the day, when she accepts her hour starts, Elizabeth is permitted 2 hours per day.
When Elizabeth sees her phone she will see any missed calls and messages you have sent and she will reply as she wishes.
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
From: Blake, Zoe
Sent: 07 June 2022 12:17
To: susan bevis
Subject: RE: Visit Tomorrow to Elizabeth
Hi Susan
I do hope it will be a nice day for you, as today is.
Scan update is Elizabeth is still refusing to go, and I will need to ask about the endocrinology for you.
As far as I am aware other family members are aware we are monitoring phone use for a period of time.
Phone calls as well as phone use will be monitored for the agreed period of time. You have no right to do this under law.
Our new RC at ash villa is still Dr Kumar but may change in the near future, I will advise when this happens.
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
From: susan bevis
Sent: 07 June 2022 13:15
To: BLAKE, Zoe
Cc: CONNERY, Sarah
Subject: FW: Visit Tomorrow to Elizabeth
This was done at Cambian. Her phone taken away, kept charging in the office continuously, given a time slot for when I was allowed to phone. The outcome was the phone had to be handed back immediately to Elizabeth because it was found that legally Cambian were in breach of human rights and the law as is Ash Villa. The phone is Elizabeth’s phone and the contract is paid for by the family and therefore Ash Villa and the MDT are in breach of human rights law and I can forward you the letter from previous solicitors in this respect as it went straight to the CEO for court purposes.
Thanks for confirming that Dr Kumar is still the RC with overall responsibility for everything that goes on under Ash Villa.
Elizabeth would not be refusing appointments for the scan if her family were taking her and so I would like some Section 17 leave to take my daughter for this essential appointment.
Endocrinology is also an essential appointment and referral to a hormone clinic was recommended at a previous tribunal. We want to know what the abnormal findings on the scan were so therefore when is the next MRI appointment in an open scanner which we dont mind paying the difference for so that we can be present.
Please forward a copy of the capacity assessment done by GJ that prompted you to say Elizabeth had no capacity as well as a copy of the minutes of the manager’s hearing that I was invited to by way of text message from Elizabeth and that I had been requesting for months on end as my right as the NR but then now it would appear that everything has changed in this respect.
Thank you
Regards
Susan Bevis
Ash Villa
Sleaford
NG34 8QA
Working hours Monday to Friday 09.00-17.00 pm
From: Blake, Zoe
Sent: 07 June 2022 14:02
To: susan bevis
Subject: RE: Visit Tomorrow to Elizabeth
Hi Susan
I have spoken to the Doctor today and unfortunately he does not have any room in his diary to meet with you tomorrow.
The Doctor and myself will revisit this for you at the end of the week and allocate some time where possible.
I am not authorised to send paperwork you would need to go through the correct channels.
Please find attached the document you would need to fill in and send off to be able to gain access to the information.
I have spoken with the doctors regarding ****** Celebrations and this will not be permitted on this occasion Elizabeth’s S17 leave will remain the same which is 2 x 30 minutes ground leave escorted by 2 members of staff.
Kind regards
Zoe Blake
Carer Champion
Ash Villa
Sleaford
NG34 8QA
From: Blake, Zoe
Sent: 07 June 2022 11:47
To: susan bevis
Subject: RE: Visit Tomorrow to Elizabeth
Good morning Susan
It has been recently discussed in Elizabeth’s MDT That phone access be monitored for a period of time.
It has been reported that the phone works fine and Elizabeth has not mentioned it needs to be repaired. There is a cracked screen which Elizabeth agreed for me to get repaired but because I used to visit on a Sunday no shops were open.
Elizabeth has her phone twice a day 1 hour in a morning and 1 hour in the evening, at these times Elizabeth is able to call and text who she wishes. Elizabeth is just lying in bed in the mornings and in fact according to one nurse has spent much of her time in her room isolated from everyone and refuses to join in.
The phone will not be permitted to leave the ward however her clothing will be ready for you to collect.
I will speak to the RC and see if he has any room to see you tomorrow at 3pm however I cant commit to this as yet, I will feed back to you as soon as I can on this.
I will book your visit in for 15.00pm Wednesday.
For your information Elizabeth went to her breast screening appointment yesterday and it has been reported that No Lump has been found, Elizabeth was visibility pleased by this and commented how pleased you would be able this also.
Kind regards
Zoe Blake
Carer Champion
Sent: Friday, June 17, 2022 7:04:38 PM
To: susanb
Subject: Evidence
The best interest assessor will need to give evidence if they are relying on this to justify their actions. A best interests assessor is a legal role, not a medical one.
Sent: Wednesday, June 15, 2022 9:26 am
To: susanb
Subject: Re: Costs
Until the question of capacity is settled this will continue to go around in circles. I do not believe a proper capacity assessment has been carried out and that this is simply a ploy to keep control on the ward. If they can maintain this the issue of consent is basically sidelined.
It is absolutely essential that this is determined one way or the other. If best interests assessor has made a professional decision here all they have to do is provide you with a copy of that assessment. Since doing that would settle the matter and they haven’t done so I can only assume that this process has not been carried out under the provisions of the MCA2005.
As for threats of costs that is an ‘occupational hazard’ in litigation and is an obvious weapon to be waved about if you threaten to take them to court.
