UPDATE ON INDEFINITE BAN

<MHAEnquiries@cqc.org.uk>

CQC MHA Complaint Ref: ENQ1-17716124293

Dear Ms Bevis

We are writing to you from the Mental Health Act complaints team at the Care Quality Commission (CQC).

We have now received a copy of the letter summarising the outcome of the investigation into your complaints. We believe that a copy of this letter dated 14 November 2023 and signed by Dr T G the C Psych at Peter Hodgkinson Centre has already been sent to you, but please let us know if this is not so.    Not even touched on my complaint. You are in breach of human rights and every law.

The Mental Health Act grants the CQC a discretionary power to investigate complaints where they are about the use of the powers and duties in the Act. If you are not satisfied with the response provided to you by the service, you could request that the CQC consider reviewing your unresolved concerns.   No way am I satisfied.  All this time and nothing has been investigated properly.

We do sometimes receive complaints about matters that we are not able to investigate because they are not within these powers. The CQC complaints process cannot make any recommendation about matters that can only be decided by a court of law. For example, we cannot rule on whether a detention is lawful, nor would we be able to provide any clinical opinion re diagnosis.  Your investigation has been going on now for 2.5 years now I want some kind of resolution as I am losing my patience. You can investigate the bullying and appalling treatment of my daughter and myself.

Before we could decide if there is a role for us, we would need a clear statement from you outlining what you are unhappy with in the provider response, any outstanding issues and your desired outcome.  EVERYTHING!  I want the phone handed back for a start, s17 resumed, visiting resumed off ward preferably. s17 leave resumed in immediate vicinity.  Then I want leave resumed so that Elizabeth can see her cat at home without members of staff writing nasty notes behind out backs and calling the Police all the time. Wasting Police time. I want Elizabeth to have all her physical health appointments deemed unnecessary under LPFT.

Alternatively, you can contact the Parliamentary and Health Service Ombudsman Office (PHSO) within the next twelve months, saying why you are not satisfied. Their address is: –   WASTE OF TIME! Not interested in investigating.

The Parliamentary and Health Service Ombudsman for England

Citygate

Mosley Street

Manchester

M2 3HQ

From: susan bevis  
Sent: 04 January 2024 15:23
To: CARECONCERNS (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST) <lpft.careconcerns@nhs.net>
Cc: L A <l.a@voiceability.org>; r.a@voiceability.org <r.a@voiceability.org>;

Subject: INDEFINITE BAN ON VISITING AND ONGOING PHONE RESTRICTIONS

Please see attached.

Myself and ***** waited for half an hour to be let into the Teams meeting.  We were excluded.

L A has said she cannot talk to me due to Elizabeth not giving consent but Dr K had asked me to liaise with L A (Advocate) from Voiceability.   I assumed that this was some kind of go between – mediation of whatever he had in mind.

I today phoned Voiceability to express my concerns at what Elizabeth had told me during the last supervised phone call.  

So here are the questions we would have asked if we would have been let into the Teams meeting:

Why did Elizabeth miss her appointment on the 3 January 2024 with Dr C S?

Why are LPFT not doing things correctly –  to get rid of someone indefinitely should be done through CoP – why is Dr K taking it upon himself, acting ultra vires to ban me as a visitor indefinitely.  This is what he said verbally at the ward round on 28 December 2023.  So far there have been 3 x letters banning me and this is ongoing isn’t it so please confirm in writing.  This is totally unlawful.

I need confirmation that my calls are not banned either as I called twice this morning to ask to speak to my daughter on her phone we pay a contract on?   I spoke first of all to D T (OT from another ward) who said he needed to check something out.  Then I spoke to R who said “I will see if Elizabeth wishes to speak to you or not”.   

In the current situation I need to be seen to do everything I can to avoid XXXXXXXX but may well have to apply for an interim order unless I hear from yourselves that you have made alternative arrangements elsewhere off the ward so I can see Elizabeth and visit her and also that her phone is handed back.  The pre XXXTION states XX January 2024 so hope to hear from you by then.

The other thing is both myself and XX have completed s9 statements to the Police.  These are very serious allegations made by Dr W K that I incited ********* to attack staff.   That is not what happened –  please see attached. THIS IS BULLYING!

The day before our visit we heard Elizabeth was “not too good“.  Elizabeth shared with us that there was a change in her medication and we wondered what exactly what was going on in this respect.  

As you can see from the attached note Elizabeth becomes distressed at the way she is being constantly scrutinised and every move watched with phone supervised, visits excluded.   This is in breach of human rights, MCA and MHA and code of conduct.  Plus Art 8 and Art 5 HRA.  Equalilty Act 2010 and NHS Guidelines.

Look forward to hearing from you and hope some alternative arrangement can be made for visiting and that my daughter’s phone is handed back to her with immediate effect.

Regards

Susan Bevis

Mother POA LF and LIP   Tel

dhsc.publicenquiries@dhsc.gov.uk

Today I have been waiting for half an hour to be let into the Teams Ward Round meeting held by Dr W K supposed to have started at 10.40 am.  I was not let in to the meeting.    I have been banned for over a month now, NOW INDEFINITELY  Dr K said verbally my ban was indefinite for inciting my daughter to attack a member of staff on Xmas Day. she did not do this.    This is in breach of the MHA, mca, Human Rights act

Yesterday I know for a fact my daughter did not attend her Neurologist appointment.

Today we wanted to raise a few questions and were completely ignored.  

Myself and a friend have completed S9 statements for the Police as I am obviously being accused of something very seriously criminally and this has been a campaign of bullying since we arrived in Lincolnshire by certain professionals now escalated to ban me from having any contact whatsoever with my daughter.    

Phone calls supervised, visiting banned indefinitely.  I thought the correct procedure was to contact the CoP and get me banned indefinitely that way but nothing seems to be done correctly through LPFT.   

I want the phone handed back to my daughter we pay a contract on.  

I want to be able to visit my daughter off the ward.

Can something be done about this urgently?

I am very concerned for my daughter’s  wellbeing right now.

Regards

Susan Bevis  (Mother, POA, LF to L R E Bevis)

From: susan bevis <
Sent: 01 January 2024 20:49
To: WHATELY, Helen <helen.whately.mp@parliament.uk>; QUINCE, Will <will.quince.mp@parliament.uk>
Subject: Banned Indefinitely from Visiting my Daughter

I have been banned from visiting my daughter indefinitely by Dr W K RC, who is held under S3 MHA for over 2.5 years and my ban has so far been over a month now including  Xmas Day.  My daughter who had her phone taken away under Lincolnshire Partnership Trust, Castle Ward became upset with a lady supervising my visit.  I am now being accused by the Responsible Clinician of inciting her to attack members of staff and getting members of staff to phone Police on me.  not true at all.  The Police came to the ward but I had left and I feel uncomfortable visiting even if I could because I am being bullied by this XXXXXX.  I have issued a XXXXXXXXX XXXXXXXXl letter for XXXXXXXX but I am wondering when the legislation will come into effect because I am in touch with other cases.

I am concerned for my daughter’s wellbeing and that Lincolnshire Partnership Trust seem not to care.   They say they are taking my complaint seriously but allowing a doctor to act ultra vires in banning all leave, taking away my daughter’s phone.  It is cruel and disgusting the way some of these people abuse their power and when I visited on Xmas Day I had just one hr supervised and could only see my daughter for 1 hr and was told to leave when she became upset and then am being blamed for everything with Police called by a member of staff when there was nothing to report and the only time my daughter reacted was in self defence when they all grabbed hold of her on Xmas Day and threw her into seclusion for 6 hours injecting her once she was allowed out.

I have never seen such bad treatment as under LPFT and my daughter is not being treated the same as everyone else and neither am I.

So when can I look forward to the new law coming into effect to put a stop on the behaviour of some of these professionals who act above the law?

Regards

Susan Bevis    Tel

Government to legally make visiting a part of care

Department of Health and Social Care, Helen Whately MP, and Will Quince MP

Published

21 June 2023

People in care homes and hospitals will be able to have visitors in all circumstances under law amendment.

Government announces proposed legislation on visiting in health and care settings

New regulations will make visiting a legal requirement for hospitals, care homes, mental health units and other health and care settings

Care regulator will have new powers to make sure providers are allowing families to visit loved ones

People in care homes and hospitals will be able to have visitors in all circumstances, thanks to the government’s plans to bring forward new legislation.

Health and care settings should be allowing visits, according to the guidance from the government and NHS England currently in place, but there are reported cases where visiting access is being unfairly denied.

As a result, the government is seeking views from patients, care home residents, their families, professionals and providers on the introduction of secondary legislation on visiting restrictions.

The new legislation will strengthen rules around visiting, providing the Care Quality Commission (CQC) with a clearer basis for identifying where hospitals and care homes are not meeting the required standard.

The government recognises the contribution that visiting makes to the wellbeing and care of patients attending hospitals, and residents of care homes, as well as the emotional wellbeing of their families and so is seeking views on what the new rules will look like.

For health settings, regulations will be reviewed in both inpatient and outpatient settings, emergency departments and diagnostic services in hospitals, to allow patients to be accompanied by someone to appointments.

Minister for Care, Helen Whately said:

I know how important visiting is for someone in hospital or living in a care home, and for their families. I know from my own experience too – I know what it feels like to be told you can’t see your mum in hospital. That’s why I’m so determined to make sure we change the law on visiting.

Many care homes and hospitals have made huge progress on visiting and recognising carers since the pandemic. But I don’t want anyone to have to worry about visiting any more, or to face unnecessary restrictions or even bans.

I have listened to campaigners who have been so courageous in telling their stories. I encourage everyone who cares about visiting to take this opportunity to have your say on our plans to legislate for visiting.

Minister of Health, Will Quince said:

Most hospitals and care homes facilitate visiting in line with guidance, but we still hear about settings that aren’t letting friends and families visit loved ones who are receiving treatment or care.

We want everyone to have peace of mind that they won’t face unfair restrictions like this, so we want to make it easier for the CQC to identify when disproportionate restrictions and bans are put in place and strengthen the rules around visiting.

It’s important that people feedback on the consultation, we want to make sure the legislation is right for everyone. If you’ve experienced unjust visiting bans, please share your experience.

Challenges around visiting were exacerbated during the COVID pandemic, with many health and care settings restricting and banning visits to stop the spread of the virus, ease pressure on the NHS and reduce the risk of transmission. Since restrictions were eased and there was a return to normality, many health and care settings have made efforts to return to pre-pandemic visiting. There are however still instances where, families and friends continue to face issues with visiting across the health and care sector.

The CQC does currently have powers to clamp down on unethical visiting restrictions, but the expected standard of visiting is not specifically outlined in regulations. Current guidance from government and the NHS is clear that all care homes and hospitals in England respectively are expected to facilitate visits in a risk-managed way, such as through the use of face coverings in the event of an outbreak or in the reduction of the number of visitors at one time.

Patricia Mecinska, Assistant Director of Patient Experience at King’s College Hospital NHS Foundation Trust said:

At King’s, our teams recognise the invaluable contribution that friends, carers and loved ones make to the patients under our care, including supporting us to provide care that’s respectful of our patients’ needs, so enabling them to make a positive recovery. Plans to involve care supporters in a more formalised way will be welcomed by many patients and will aid us in delivering our vision of providing outstanding care to patients and communities.

The hospital visiting guidance also includes an expectation that patients can be accompanied to hospital appointments when needed.

With the new legislation, the CQC will be able to enforce the standards by issuing requirement or warning notices, imposing conditions, suspending a registration or cancelling a registration.

Background information

See the visiting in care homes, hospitals and hospices consultation.