• Principle 1: A presumption of capacity. … 
  • Principle 2: Individuals being supported to make their own decisions. … 
  • Principle 3: Unwise decisions. … 
  • Principle 4: Best interests. … 
  • Principle 5: Less restrictive option.

There has been a spate of about 5 capacity assessments done on Elizabeth recently and shockingly two of these have been by doctors, Dr AB and Doctor TS who was only a very short time at Ash Villa.

None of the capacity assessments have been done properly. It is very important for anyone in this position to question whether, based on the above principles the capacity assessment is done fairly and honestly and I am going to give some examples of dishonesty below. In Elizabeth’s case all the capacity assessments have been done with some internal connection from what I can see and when there are certain aims of the team such capacity assessments can be twisted to suit themselves in order to get the results of anything they want such as for instance placing someone into care against their wishes. This is why anyone affected should request a completely independent capacity assessment.

In my previous blog I have shown how wrong this person, a different doctor has got things. How this person has assumed Elizabeth had no capacity just because she did not wish to participate which was evidenced by her comments “no comment” and evasion of answering. This shows she has full capacity and far from being someone with a learning disability who you have to talk in short simple sentences Elizabeth was diagnosed by Huntercombe as being high functioning aspergers.

I am now going to highlight the other Doctor’s capacity assessment which came out against Elizabeth. All of them have been two stage capacity assessments based on assumptions and beliefs such as if the person’s behaviour suggests they may lack capacity and this is ticked. If the person’s circumstances suggest they may lack capacity another tick. Some else has raised concerns another tick. There have been capacity issues previously – another yes (Well I am afraid you have not looked at the files properly as there has never ever been an issue regarding capacity and I have all the past reports to prove it). It says she has a mental disorder. Again where is the proof when I have all the files going way back to the beginning stating autism/developmental and this is not a mental disorder. It is a neurological condition.

He then says she has no understanding of information when Elizabeth constantly phoned me to tell me about all these assessments and that she was NOT going to engage.

So he did not see Elizabeth alone but with a nurse who herself has tried to carry out a best interest assessment. Apparently there are so called formal assessments to decide upon what they think is best interest and then there are the numerous tick boxing not fit for purpose assessments carried out by members of nursing staff or social workers all because they want Elizabeth to say the right things so that they can manipulate process and with make every single decision in the book. However it has backfired on them all and I will go on to show you why.

“I asked if she had any questions to ask” – the answer “no questions”. This probably meant Elizabeth did not want to be asked any questions of the same nature time and time again. It says she did not wish to discuss the matter. That was under retention.

Use/Weigh up relevant decision/information – no had a tick against it with the comments she was not able to weigh up pros and cons or understand the information. This all sounds like some kind of con to me. I am laughing at this.

Communication:

“not able to relay it back to me as if she did not wish to discuss the issue any more. This says it all Elizabeth simply did not wish to participate yet the box was ticked with a No.

The capacity assessment had so called relevant documents attached by a consultant psychiatrist of the inpatient “care” and AMHP Report

And here is my verdict RUBBISH! AND SHAME ON YOU.

Next is another two stage capacity assessment by an AMHP KF – Again this is stating that Elizabeth has no capacity. This report has more wording to that of Dr S.

So KF had to see Elizabeth in the afternoon because the Team said she is asleep in the mornings – sometimes she is asleep all day! she stays in her room to avoid the noise on the ward which is unbearable.

Deputy Ward Manager KS was present who herself has carried out another similar capacity assessment all pointing to no capacity.

“When I asked questions I used clear simple language and offered some processing time to consider what we discussed returning to see her two hours later to see if there was anything she wanted to say. “ Well how patronising. All the time you think my daughter is “LD” – she fully understood and relayed everything to me later. Oh my God talk about coercion! I cannot go into the details but when a team want a decision of some kind they will go to any lengths to get it using and manipulating/coercing a vulnerable person to their own ends.

Understanding – No

but in answer to her questions she said “my back is broken and I have got autism” Isn’t that easy to see and I am just a mother (a nobody to them) yet I understand that Elizabeth simply did not want to answer their intrusive questions. So KF goes on to say “just because someone has autism (noting this is not a formal diagnosis) although the very first doctor and several others have confirmed this “does not mean they do not have opinions or views about what they want to happen. Elizabeth was adamant she did not wish for involvement. This is really shocking but I must share this with all of you:

With regards to Elizabeth’s comments that her back is broken, KF then goes on to reason for this “I have checked with the care team and have been informed there is a likelihood that Elizabeth has injured her back when in periods of high distress and volacity (not to a significant degree other than sprain or strain) she is not known to have broken or injured her back to a similar level. I will describe what we witnessed like never before during a period of leave when it was time to see the crisis team the next day and similar excuses of broken back were being given. Elizabeth was throwing herself on and off the bed in the small ensuite constantly and screaming for an hour. She was shaking with tremors to her hands and all over her body. She was inconsolable. I have only ever seen that on one occasion and put it down to Akathisia due to the enormous dosage of drugs given. She has just been given a massive reduction of 100mg. I am not a doctor but I think this reduction may be a bit high as in Enfield it was 50mg every six weeks. For obvious reasons massive dosage of drugs given in the hope that Elizabeth would lose her capacity as she did at the Bethlem during which time they put her on a drug she clearly did not wish to take and did not even know she was on it. Again Elizabeth said she was autistic and could not do what this assessor suggested.

Retention: Again no.

“I can see there have been occasions when Elizabeth has been emotionally distressed and has expressed anger without prompting and has stated that LPFT does not have the right to *************”

“I do not consider Elizabeth is able to retain all the pertinent information.” was KF’s conclusion.

USE/WEIGH

Elizabeth is unable to weigh up all relevant information. Over the course of admission to Ash Villa Elizabeth has remained guarded with mistrust of professionals related to her mother. This guarded presentation and mistrust of professionals would be in line with paranoid beliefs as a facet of her paranoid schizophrenia diagnosis. They have done everything they can with my former local area of ENFIELD to deprive Elizabeth of an autism diagnosis and I want the world to know this. There is clearly no respect towards patient or carer under LPFT.

“Further to this during my assessment Elizabeth presented with active negative symptoms of schizophrenia including a flat affect, avolition, limited vocabulary and social withdrawal. These negative symptoms would have an impact on Elizabeth’s motivation and concentration relating to both engaging meaningfully in this assessment. ” I did not know KF was a doctor lol. I have looked her up – can you belief this KFG is Safeguarding Public protection and mental capacity practitioner registered social worker. She is supposed to be an experienced safeguarding and MCA specialist with demonstrated history of working in MH and social care. Skilled in forensic/criminal justice practice, MH car, public protection and both child and adult safeguarding. She has an MSc focussed in social work. She works for LPFT NHS. What I have researched is too long to write here but there is extensive experience and qualifications yet she has not done things right at all in her capacity assessment for Elizabeth and has shown nothing in terms of understanding, insight and is not even a doctor to assess medically. Elizabeth said she wanted no part in this. Doesn’t that signal capacity? When she tried to explore the reasons why Elizabeth said she had a broken back and has got autism Elizabeth closed down the conversation “LEAVE ME ALONE. I DONT WANT TO TALK ABOUT IT”.

KF is not qualified as a clinician and cannot adduce evidence of a clinical nature.  It is however interesting that since all of these symptoms are associated with dysfunctional endocrine functions in particular defective thyroid function that the clinicians at Ash Villa think it is necessary to examine this.  Rapid tranquillisation and seclusion are not recognised treatments for hypo or hyperthyroidism.  

The signal lack of interest in pathological causes for psychological dysfunction is a blight on psychiatry and every reason why all psychiatric patients should have regular endocrine function tests and neurological scans for dysfunctions in the amygdala hippocampus and pre-frontal cortex.  It is a blindingly obvious (except to many psychiatrists) precaution that pathological disorders should be screened for. Hope you get to read this KF and any other AMHP who carries out flawed capacity assessments as part of their job. Did you not get that KF with all your qualifications and experience even I as a mother would know when someone wanted to be left alone. It is cruel that you have tried to coerce answers out of my vulnerable daughter which was upsetting to her and relayed to me as she hates questions and I honestly think you and other AMHPs should be on Oliver McGowan’s training course both in Lincolnshire and Enfield.

Negative comments from KF about me now and I was not even present to defend myself but I will here:

“There are wider safeguarding concerns about mother that Susan has been noted to speak over for and about Elizabeth in her presence.” Well you are a fine one to talk aren’t you. You have been doing just that in this assessment.

“Elizabeth is highly emotionally distressed following visits from Susan” “It has been recorded within records a history of similar concerns in relation to Susan’s control and coercion of Elizabeth shared to the Trust by Elizabeth’s previous care team (PREVIOUS LOL THEY ARE STILL VERY MUCH INVOLVED!) and have been all along. There is a Care Act Assessment taking place on Friday by them – the first I can ever remember in so many years.

“As a result longstanding controlling and coercive behaviour would significantly impact on Elizabeth’s ability to make decisions and there have been occasions when Susan has visited but has declined to see her.” There was one occasion and something very strange happened. I was told not to visit the ward but did not pick up the message as I was driving that there was covid on the ward but I had asked for leave as it was Elizabeth’s Birthday. Elizabeth was looking forward to her Birthday cake as she had texted me the day before very excited but staff stood in the way of her coming out even in the grounds for just 5 minutes so I could not give the presents “it’s evil to keep her from her mother on her Birthday” comments from a nurse on duty that day. Suddenly Police were called and I requested a welfare check by them but this was refused by Ash Villa staff and response from the Police: “leave it to the professionals to do what they do best” or words to this effect. Police in Lincolnshire do not feel it their duty to argue in respect of seeing a vulnerable patient even if that vulnerable patient tries to reach out to them by phoning emergency services.

How very nasty – KF goes on to say about me “Susan has been witnessed calling Elizabeth from the car park and insisting she consent to her visit in a hostile manner which Elizabeth then agreed to” . Given the above, I consider that Elizabeth would be unable to weigh up information free from duress or apprehension about Susan’s response to this“.

She then goes on to say that Elizabeth has demonstrated “inability to tolerate lengthy conversations regarding her care and treatment. She can be passive aggressive in her interactions with staff and will frequently close down conversations by staring at staff or demanding they “leave me alone” using verbal, para – verbal and body language to communicate in a hostile and aggressive manner.”

COMMUNICATION

No! “I dont want to participate” and also constant expression of unhappiness towards LPFT.

Then KF goes on to say that “KS who is Deputy Ward Manager was in attendance and in agreement with my judgement that Elizabeth lacks capacity. Although this is the first time I have met Elizabeth I have been involved in her case advising the ward from a safeguarding and MCA perspective since January 2022 so am fully aware of the background and context of her admission, presentation and wider safeguarding concerns pertaining to her relationship with her mother.”

In addition to the above capacity assessments various other capacity assessments said to be in best interest have been carried out by GJ and KS – deputy ward manager. Elizabeth said she was not even informed she was undergoing a capacity assessment by GJ.

All along it has been a campaign of bullying, an abuse in process and professionals who have behaved in the most appalling manner particularly in relation to safeguarding.

Several patients have come up to me in the grounds raising safeguarding concerns that Elizabeth is being over-drugged. At times we could hardly hear her speak as she spoke with a slurred accent. In light of the fact she is a poor/non metaboliser and of high risk of mortality in accordance with a care plan she shared with me I am going to publicise every time I get to hear of her being rapidly tranquilised as the next thing she could be dead in there then the same thing would be sticking together regardless.

There are staff shortages on the ward and I look out for this. When Elizabeth first arrived in a caged vehicle in a very distressed state there was only 1 male nurse on duty who urged me to complain.

The last thing I wanted to do was complain in a new area but now have had to turn to those at the top of Trust and Council which I will feature another time.

So as you can see none of these assessments have been done fairly or correctly by professionals who should know better and let every other professional down by their dishonest approach. This gives their profession a bad name.

All along they have tried to carry out safeguarding on me but I found out. I welcomed the idea of safeguarding by way of a S42 meeting. Of course I have the minutes of the S42 meeting in Enfield that Elizabeth kindly gave me. The result was both Enfield Council and BEHMHTNHS had to apologise because of the Ombudsman’s findings.

This time the safeguarding concerns came from patients who were concerned that staff at night were picking on Elizabeth and some slept with their doors open “we know when she is in seclusion as we hear her screaming non stop” “we cannot safeguard her when she goes into the seclusion room. She goes in with a tray of difference sized needles” So I said “I thought it was a De-escalation room” “same thing – seclusion” said the patients. Based upon what I heard I complained as any parent would and there was no way I could dismiss what these patients were saying when I heard very clearly some of the things that were going on. When I asked if there was any staff members in particular that were picking on her the patients said the vast majority of night staff. This of course would be denied or played down. When someone is asleep for most of the day they will be awake at night but she has been told to get out of the dining room and not to sit in front of the TV in the lounge but to go back to her room. It is at night that Elizabeth would be wide awake because she would be spending most of the day in her room. It is at night she would be plagued with trauma and nightmares none of which has been tackled at Ash Villa as there has been no psychologist in 19 months. She is placed in a part of the ward that is very noisy near the seclusion room. I have asked if she can be moved. She was also left to lie on a faulty mattress and sent me the picture of it but this was dealt with the minute I showed evidence of this. Does this not show that my daughter has capacity.

The common law test on capacity is the Masterman Lister v Bruton & Co https://www.casemine.com/judgement/uk/5b46f1f52c94e0775e7ef161

Capacity assessments need to be done independently to the treating team who clearly have their own agenda and are not fit to be qualified in this respect.

Capacity assessments do not need to be done by psychiatrists, they are done by qualified best interest assessors.  Capacity is NOT related to diagnosis, there are many reasons for lack of capacity and it is nothing to do with schizophrenia, PTSD or autism.  People with those diagnoses can have capacity and many do.  Autistic people get doctorates in nuclear physics and lots of practicing psychiatrists themselves have severe mental illnesses.  Are we to suppose that they don’t have capacity to work as doctors? 

The LCC and LPFT are trying to do an end run around the MHA 1983, the MCA 2005

As regards treatment:

There appears to be a complete lack of monitoring of the treatments being given to her.  Dosages are increased without checking serum levels and ability to metabolise the drugs.  There is no clear knowledge of why Elizabeth is treatment refractive but the most likely reason is she is a poor metaboliser or that polypharmacy is interfering with the treatments.  It is most likely that the Zuclopenthixol is within the therapeutic band but without a serum test that is impossible to determine.  If she is a poor or non metaboliser increasing the dose will not result in any improvement and tests in the past have indicated she is a poor metaboliser of typical anti-psychotics.    

Any patient presenting with inflammatory conditions needs close monitoring to avoid ADR’s and dose modification is almost certainly necessary.  It should be noted that inflammatory conditions are commonly seen in patient with endocrine disorders.  

The capacity assessments are all totally flawed and it is self evident that Elizabeth has capacity.  It may be said to be limited but not to the extent, or anywhere near the extent they are suggesting.  If she gets out of an institutionalising environment she will regain what she currently lacks.  It is the environment itself that is causing the inhibited capacity.

Ash Villa is a shambles and LCC and LPFT are struggling not very effectively to hide that.  The treatment of Elizabeth is incompetent and the over zealous use of PRN and seclusion a human rights violation.  That is what they want whacking with.

Robbing Elizabethof capacity is robbing her of he most fundamental rights as person and in effect turns her into a ‘thing’ rather than a person.

How true “I am not a person” “I wish I was never born” – This describes my daughter’s feelings and her treatment under the appalling NHS care – doesn’t matter where you live it is the same everywhere under mental health as we have unfortunately discovered yet hoped for something better. 

She has capacity to decide what is in ‘her best interests’ and that is categorically clear. 

Any patient presenting with inflammatory conditions needs close monitoring to avoid ADR’s and dose modification is almost certainly necessary.  It should be noted that inflammatory conditions are commonly seen in patient with endocrine disorders.  

There have been around 20 cases where patients were prescribed clozapine and had concomitant inflammatory disorders including those caused by pathogen infections and autoimmune conditions.  The inflammation increased the serum dose ratio and in 11 of the cases it was recommend to half the dose, in 5 others to reduce it by a third. Serum concentration is the major issue with this drug rather than dose and a high serum concentration can occur with a moderate dose.

It is this ratio that creates the problems with ADR’s and metabolism failure due to cytochrome P450 down regulation.   

The maximum dose in all cases had been 350mg and nowhere near maximum but still the serum dose ratio was adversely affected by the inflammatory disorder the patient had.  

s.117(6) Mental Health Act 1983 as amended by s.75 Care Act 2014.

Accommodation can only be provided where it meets a need related to the person’s mental ill health, and reduces the risk of the person’s condition deteriorating. At Ash Villa there are frequent bouts of inconsolable behaviour leading to seclusion and her being left to scream for hours on end. At home there has only been 1 incident and we are asking for adaptions to be made to the annex which we as a family have provided.

The person has the right to express a preference for particular accommodation. Social services must meet this preference provided it is: Elizabeth wants to come home and we as a family WANT HER HOME IN ACCORDANCE WITH HER WISHES.

·       of the same type that social services has decided to arrange – CARE IS ONLY ON ONE SIDE OF LINCS.

·       suitable for the adult’s needs THERE IS A VERY GOOD CHARITABLE SECTOR HERE WITH SO MUCH GOING ON THAT ELIZABETH WOULD BE INTERESTED IN.

·       available

·       affordable, using a ‘top-up’ if necessary

Applicable Principles and Requirements

The recent capacity assessments all been seriously flawed in terms of the requirements and principles of the Mental Capacity Act 2005, the Code of Practice, and indeed in the very philosophy underpinning the legislation.

The concept of best interests is founded on the most fundamental principles of human rights. Those principles are centred entirely around the welfare of the patient and never in the interests or expediency of ward management or those carrying out assessments.

The Mental Capacity Act 2005 at Section 4 requires that the patient is to be regarded as having capacity until evidence is ascertained as to how that capacity is impaired.  

No Proper Capacity Evidence

No proper, full, objective and admissible evaluation of capacity has ever been made at Ash Villa; and/or

  • there has been bias in  assessment so materially affecting validity that none of the evidence on capacity is admissible.  

Elizabeth’s Responses

What is startling is that no account is taken of Elizabeth’s reaction to being, as she sees it, in an oppressive institutionalised situation in which she has virtually no right to privacy, family life or psychological and spiritual enrichment.  

It is hardly surprising that any person so deprived of the most fundamental of human aspirations is not so much lacking capacity but is self evidently being deprived of it.   

All of this is in breach of the letter and spirit of section 4, MCA 2005.  

The Prohibited Step

It is never allowed that the decision maker on best interest draws conclusions on capacity from a patient’s age or appearance on a condition of his/hers or an aspect of his behaviour which might lead others to make unjustified assumptions about what might be in his/her best interests by section 4(1)(a) & (b).  This is known generically as The Prohibited Step.     

Failures: Identification of Issues

Section 4(2) MCA 2005 requires that the decision maker should try to identify all the issues that would be most relevant to the individual who is asserted to lack capacity relating to the particular decision (para 3, Main Code of Practice)

Failures: Framing of questions/suggestions

The framing of questions/suggestions in closed form gave Elizabeth no opportunity to explain or include detail in her answers.  

It is a disturbing oversight on the part of those carrying out those interviews that the nature and framing of questions and suggestions, and their leading nature, made it impossible for her to express herself.  

Failures: Elizabeth’s Clear Responses

There is no evidence from the interviews that there was any attempt to determine the actual meaning of Elizabeth’s clear responses to questions/suggestions made by the interviewer.  

Failures to comply with Requirements

The capacity assessments were not conducted as required by section 1 of the Mental Capacity Act 2005.  

It is submitted that the capacity evidence is inadmissible as evidence of lack of capacity not only

because of logical and factual inaccuracies in the statements, but also for failure to apply the meaning of the statute, and the failures to follow the required steps:

Submissions on the Required s.4 Steps

The required steps, in summary, in s.4 of the Mental Capacity Act 2005, and appropriate related submissions, are:

To consider the likelihood of the person gaining capacity. There is no evidence that this was even considered by either first or 2nd opionion assessor or in the ‘off record’ intervention by KS, and thus never taken into account at all.

To promote and encourage the participation of the patient so far as possible.  There is no evidence that Elizabeth’s participation via appropriate dialogue was encouraged or ever taken into account at all. Indeed the first and second assessor treated her as someone with a severe learning disability rather than an educated woman with a chronic mental health condition.  They make reference to talking to her in “little chunks of three sentences”.  Nothing in Elizabeth’s diagnosis suggests that she is mentally retarded or incompetent and this approach is in clear violation of  The ‘Prohibited Step’ described in section 4(1) of the Act. 

To consider the persons wishes, beliefs and other factors the person would be likely to consider were they able to do so.  Once again this is not taken into account at all by either of the first and second opinion assessors.  None of Elizabeth’s wishes were considered in those interviews or were simply disregarded with scant attention.  No attempt was made to understand why she may have taken those positions, including of course that the oppressive nature of the interview with no independent observer present may have seriously deprived of any ability to explain in detail.  All contrary to section 4(2) and the main Code.

To take account of the views of named others.  This is perhaps the most obvious complete failing of all the assessment interviews and is a cause for serious concern.  The views of neither Susan Bevis, Elizabeth’s mother, or CB, her sister, or her father were taken into consideration or even sought.  

Conclusion:

The individual and accumulative effects of all of these failings make the statements by the assessors incapable of being relied upon at all.  

Comments on the Section D Assessments of the 1st assessor and second opinion assessor in red. 

Question 1. UNDERSTANDING: Does the person understand the information relevant to the decision?

Elizabeth frowned and stared at me. I added that according to her records, her mum does not believe that she suffers from the diagnoses listed. I explained that she believed that she had ‘autism’. She asked me what was going to happen about that diagnosis and I explained that she has been (or is going to be soon as we have agreed in last ward round) to be referred for a diagnostic interview but unfortunately, there was a long waiting time and when her turn comes up she would be assessed for it. 

‘as if’ is entirely speculative and inconclusive of Elizabeth’s lack of capacity.  It is also contradicted by Elizabeth’s response to the suggestion ************“Elizabeth frowned and stared at me”.  Such a response is self-evidently disapproval and indicates the capacity to make decision on this.  If indeed Elizabeth was expressing a refusal to discuss the matter further that cannot be ‘reasonably’ regarded as a lack of understanding of the issues and would just as likely show an objection to the suggestion ***********  Elizabeth’s mother’s beliefs are not evidence of Elizabeth’s capacity or lack of it.  

This is a logical fallacy. It is effectively asking Elizabeth to acknowledge her lack of capacity.  Logic clearly dictates that if she does not understand the information ‘given in little chunks’ she is not going to be able to determine her own lack of capacity. 

Question 2. RETENTION: Can the person retain the relevant information long enough for the decision to be made?

Answer: No

I asked her if she had any questions to ask and she said “no questions”. It is my reasonable belief that Elizabeth was not able to recall the salient points given to her to enable her to make a decision ******************t. It seems like she was able to retain the information for some time but she was not able to relay it back to me as if she did not want to discuss this issue anymore.

“I asked her if she had any questions to ask and she said “no questions”.”

“she was not able to relay it back to me as if she did not want to discuss this issue anymore”.

It is not a reasonable basis of belief that this indicates a lack of capacity and could just as easily represent defiance or resistance to a suggestion that Elizabeth found threatening or disagreeable.   It is also logically inconsistent.  If Elizabeth says “no questions” there is no reason at all why she would wish to relay back the discussion.   

2nd Opinion Comments

1. UNDERSTANDING: Does the person understand the information relevant to the decision?

Answer: No

Elizabeth stated that she could not be involved in …………..because “my back is broken and I have got autism”. I did challenge Elizabeth on this stating that just because a person has autism (noting this is not a formal diagnosis for Elizabeth) – (no because it has been consistently deprived to her!) does not mean that they do not have opinions or views about what they want to happen, Elizabeth was still adamant that she could not be involved. I have checked with the care team and have been informed that although there is a likelihood that Elizabeth has injured her back when in periods of high distress and volatility, this has not been to a significant degree beyond strain or sprain and she is not known to have ever broken her back or sustained a similar level of injury. Elizabeth has frequent bouts of throwing herself off the bed onto the hard hospital floor in distress. Then we saw this on one occasion at home. All leave had been going OK up until then. That one occasion was on a new bed now broken but not a strong stable bed and all that is needed is a strong bed provided and nothing has been done about this since 5 March 2023.

On the balance of probabilities, I consider that Elizabeth does not understand all the salient information needed to be able to make such decision. When I tried to explain to Elizabeth that she could instruct a solicitor or tell the ******* what she wants, she was fixed in her view that she could not do this because of having autism. This evidences that Elizabeth does not understand all the options available to allow her to participate ***************** No this evidences that you the Dr do not understand!

Elizabeth stated that she could not be involved in court proceedings because “my back is broken and I have got autism”.

That is not conclusive or even persuasive evidence of a lack of capacity.  Elizabeth’s erroneous belief in her condition is not indicative of an inability to choose ******** or a failure to understand the questions put to her.  As for the injury to her back, she has been subjected to numerous physical restraints including pinning her face down on the floor according to witnesses .  It is entirely understandable that she may use hyperbole to describe her pain from injuries sustained by this restraint. That is not evidence of a lack of capacity.

2. RETENTION: Can the person retain the relevant information

long enough for the decision to be made?

Answer: No

Elizabeth has demonstrated that she does retain some information relating to ***********

I can see there have been occasions when she has been emotionally distressed that she has expressed anger about **************without prompting and has stated that LFPT does not have a right to stop her mother ************ She was also able to recall today that her mother is her **********

Although there is clearly a level of retention regarding this decision, I do not consider that Elizabeth is able to retain all the pertinent information required to be able to *********

After I finished my discussion with Elizabeth, deputy ward manager KS went to speak to her

independently in her bedspace to see if she was willing to discuss this decision in more detail without me being present. Elizabeth asked KS if I was going to be going to ******* Elizabeth had asked me the same question approx. 10 mins earlier when I was talking to her and I explained to her that I was not a solicitor and was not going to be in the ******* but that I would be writing about our discussion today and the *********. As Elizabeth had asked KS the same question 10 minutes after I had given her this information, this evidences difficulties with retaining all relevant information relating to ************ I see there have been occasions when she has been emotionally distressed that she has expressed anger about the *********************** without prompting and has stated that LFPT does not have a right to stop her mother being her ************** She was also able to recall today that her mother is her ********

All of that is indicative of a functioning capacity to understand the issues, not only at that point but on reflection of earlier events.  This is fully supportive of her ability not only to recall but to maintain a position on the ********* In the light of this is cannot be stated that “on the balance of probabilities” Elizabeth lacks capacity.  The MCA 2005 principles found at are at section 1  quite explicit that the capacity assessor should work on the basis that a patient has capacity ‘on the balance of probabilities”  Those principles are as follows:

  • Principle 1: A presumption of capacity. … 
  • Principle 2: Individuals being supported to make their own decisions. … 
  • Principle 3: Unwise decisions. … 
  • Principle 4: Best interests. … 
  • Principle 5: Less restrictive option.

Violations of principle 1:El;izabeth is presumed in the negative contrary to the principle of presumed capacity.  Clear evidence in Elizabeth’s answers and  attitude to the capacity assessment indicates a presumption of capacity and not the contrary.

Violation of Principle 2:Elizabeth has received no support to make her own decisions and was not supported at this capacity interview by an independent advocate.  The clinical staff are seen by Elizabeth as intimidatory.  Her responses to these capacity interviews show clear evidence of resistance to the questions and objections to the purposes of it.

Violations of Principle 3:  Section 1 of the MCA 2005 and the Code of Practice are quite explicit that unwise decisions cannot be used as evidence of lack of capacity.  Emphasis is placed in the interviews on irrelevant interpretations of Elizabeth’s mistaken beliefs in her diagnosis.  It is very often that case, probably more often than not that a psychiatric patient will deny their illness.  This is not evidence in itself of either delusion or lack of capacity.  Elizabeth’s complaints about the back injury are quite explainable since she has been subjected to maximum physical restraint on several occasions.  The use of restraint has been described as a method of dealing with “distressed” patients at Ash Villa and that is quite disturbing.

Violation of Principle 4:  It was in Elizabeth’s best interest that this interview was conducted in the presence of an independent advocate or her *******  Neither was present and Elizabeth had no support.  Elizabeth is used to being physically restrained and in the light of that far better safeguarding of her best interest should have been applied at these interviews.    

Violation of Principle 5. Elizabeth is currently being held under a regime of restraint and it is difficult to see how she could be subjected to a more restrictive option.  The two on one surveillance that has been employed at Ash Villa and the intrusive surveillance of family visits is more severe than many s.37/41 patients would encounter.  There is every reason to believe that should Elizabeth be given a less institutionalised and restraint based treatment regime that she would display a much better degree of capacity than the current regime allows.   

“I do not consider that Elizabeth is able to retain all the pertinent information required to be able to******* in these ********

Elizabeth is not required to ********* these proceedings she is represented by a ************* and has a right to a *********

“As Elizabeth had asked KS the same question 10 minutes after I had given her this information, this evidences difficulties with retaining all relevant information relating to the ***************”.

That presumption is fallacious.  Elizabeth could just as likely have been seeking verification from someone she was more familiar with and it does not necessarily indicate she did not understand or retain the information.  It is also indicative of a lack of trust, especially in the light of the stated reason for KS wanting to speak to Elizabeth independently.    The suggestion that the capacity assessor was being mistaken for a solicitor is not made out.  Elizabeth’s question regarding whether the capacity assessor was going to be ********* is perfectly sensible since this person was discussing the ********** with her.  

“Elizabeth demonstrates an ability to communicate her views to the extent that she chooses and is able to do so. She did offer a view regarding her involvement in the current **************”I don’t want any part in it”. Further to this, she has at times of distress spontaneously expressed her unhappiness that LPFT have instigated these *************** Additionally, when deputy ward manager KS went to speak to Elizabeth alone 10 minutes after my assessment with her, she was able to express to KS that she did not want me (meaning KF) to have anything to do with the **********”.

Although Elizabeth is guarded and refused to discuss her capacity to ******** in any great detail with me, I do not consider that a refusal to communicate a decision equates to an inability to do so and therefore on the balance of probabilities, I consider that KS does have the ability to communicate in relation to this aspect of the capacity assessment”.

This element of the statement is riddled with contradictions when considered against the principles defined in section 1 of the MCA 2005.  Elizabeth appears to have a full appreciation of the nature and purpose of the litigation and expresses strong and clear views on it and the *************process as currently conducted by LCC Adult Social Care.  As stated a refusal to communicate is hardly any evidence of an ability to do so and is in realty much more likely to indicate a good range of capacity.  Once again concluding otherwise falls foul of principle one of the Mental Capacity Act 2005.  The entire process seems faulty and as such should not be admissible as evidence in these **************

As for the capacity assessment the best interests assessor will undoubtedly insist on certain conditions in order to carry this out effectively.  I would consider it unlikely that they would think having nurses with Elizabeth while this happened was at all appropriate.  The assessment of course is entirely reliant on Elizabeth co-operating.  It can be done remotely but it would have to be by Zoom or Teams so Elizabeth and the assessor could see each other.   

It is of course very likely that the AMPHs will not approve of this and put pressure on Ash Villa to prevent it.  Complete failure by the so called professionals involved in my daughter’s case. Complete lack of understanding and complete ignorance towards autism. I am apalled so much by hearing some of the heart-breaking messages from my daughter. This needs exposing.

What is manifestly obvious it that neither the LPFT or LCC will countenance Elizabeth moving into the annex full time.  Everyone at the LCC from the unregulated Legal Services Dept through the two AMPHs are opposing this strongly but what they failed in most of all is to take away my daughter’s capacity even with the massive increase in medication for this purpose she still says “i want to come home”. So the question is how very often does Elizabeth have to go into seclusion and be injected? From other patients I gathered it happened more than once a week. No doubt LPFT would have records of this but the CQC accused me of inundating them with complaints when in fact the complaints came from other sources.  

Because of severe neglect and bullying under ENFIELD we moved to Lincolnshire and now have built a separate living accommodation namely the annex.

It is clear Elizabeth wants to come home and has even on her own accord posted a prayer on Lincoln Cathedral’s wall.

I am saddened by having to write this blog even as we wanted to start afresh and hoped so much that we would be treated fairly in another area but sadly this proves that NHS Trusts and Council’s working together can be dishonest and corrupt and severely neglect a vulnerable person and I see this as abuse that needs exposing in order that improvements can be made and lessons learnt by both.

“It is looking more and more likely that Elizabeth will be given trial leave to supported accommodation.  She is entitled to this under section 117 having been on section 3. I will fight any such decision in court! hopefully a transparent hearing.

The leave can be between 3 months and two years and is contingent on the patient residing at the determined placement. 

The recent changes allowing Elizabeth short periods of unsupervised visits and trips out of Ash Villa suggest this is what they are moving to and they may already have a placement in mind.  (two have turned her down thankfully) – we just need a few adaptions to the annex which has already been built.

The patient is not discharged or on a CTO but is on extended leave under s.17.  This is subject to controls imposed by the clinical treatment team and the AMPH. A CTO, a disgusting weapon of abuse whereby; so called professionals can make threats and bully to their hearts content and I have all the paperwork to prove this fact which I can feature in my next blog. “I do now strongly suspect they have this in mind.  It is the best of both worlds for them.  They allow Elizabeth to leave Ash Villa and retain control over medication and supervision.” of which certain so called professionals such as AMHPs know absolutely nothing about.  

MotiVilla – multiply abused – all possessions of value missing.  14 year old drug dealer on site.Supposed to offer 24 hr care.

Phoenix House Northampton no food at the weekend yet rated good by CQC

Premier Inn Enfield Island Village –  moved from room to room – had to keep paying and then had to visit your department  to get the money back

Mays Cottage – Priory Craegmoor group –  broken lock to door of room- told to sleep on settee all night.  Resident drug dealer, resident bringing prostitutes in.  No supervision or care overnight.  Faced eviction because of another resident staying over from a related scheme.

Reservoir House  –  total breach of H&S –  five fumigations failed to stop bed bug problem which spread to all other residents.  Had to sleep on floor with damp sheets because of constant washing of clothes to try to stop the problem which persisted.

Solway Road–  temporary scheme without even a proper kitchen or lounge or garden to sit out in

Purcell House – the very best accommodation.   Independent Council Flat but no care act assessment or any S117 aftercare provided.

“The signal lack of interest in pathological causes for psychological dysfunction is a blight on psychiatry and every reason why all psychiatric patients should have regular endocrine function tests and neurological scans for dysfunctions in the amygdala hippocampus and pre-frontal cortex.  It is a blindingly obvious (except to many psychiatrists) precaution that pathological disorders should be screened for.” Yes how very true and this is what I have been trying to get in place for many years.

However, that legally invalid capacity report is in part good evidence
in your favour: it quotes Elizabethas saying that when she leaves the
hospital she “will go home to her mum”.

Presumably it is to do with the control of the aftercare.  They want to either discharge Elizabeth to sheltered accommodation or send her there on extended s.17 leave.

The failure to carry out a proper capacity assessment and the refusal to properly investigate potential medical conditions interfering with the treatment is staggeringly unprofessional.  If Elizabeth has an endocrine disorder and she almost certainly does. (as proven)  If she had inflammatory disorders they would interfere with the drug metabolism.  We already know she is a poor metaboliser but they continued nonetheless to treat her with medication that almost certainly would not work.  This should be thoroughly investigated and I suspect they do not want any **that might insist on it.  Like me!

The bottom line on the capacity issue is that while they maintain Elizabeth lacks capacity they will be able to perpetuate the myth that she cannot consent to here case being publicised. I am reading all my blogs to Elizabeth for her approval as I want her to know that she has my backing 100% and I feel that certain staff members are provoking her on the ward.

If Elizabeth does not want the ****** publicised she has that right.  It is the LCC and LPFT that actually want to hide things and they  are using Elizabeth’s erroneous lack of capacity to protect themselves.  That looks like an egregious abuse of process to me. And me too and I have written to those at the top of Trust and Council in this connection.

Clibbery is the authority   

Even where a case is heard in private, documents can be released to non-parties? Clibbery v Allan [2002] EWCA Civ 45, [2002] All ER (D) 281 (Jan) (a case cited extensively by Mostyn J in Appleton) concerned family proceedings heard in private. 

A circuit judge had refused to make an occupation order injunction (under Family Law Act 1996, Pt 4) on Ms Clibbery’s application. 

After the hearing she passed documents in the case to The Daily Mail. Mr Allan sought an injunction to prevent publication. 

How very interesting and notable. I’m all in favour of honesty and transparency especially if taxpayer’s money is involved.

 

I will begin writing what a wonderful time we have had together today in a fantastic place – a therapy centre situated quite some distance from the Ash Villa, Sleaford. I had five hours granted of S17 leave, much of which was spent travelling. I collected Elizabeth at 12.00 pm but was conscious that she would not have eaten anything. She was not even up and dressed when I called and was nervous about going initially. I did not pay much attention to the exact time I picked Elizabeth up to be honest but it is so regimented and strict with discipline that the attitude is you have to be back on the dot. This is what is called Section 17 leave and no flexibility but it depends on the member of staff, one in particular is a male nurse with good communication skills who took into account that Elizabeth wanted once to go to a garden centre some distance away but I was told 1 hour only by other staff members. It takes me 1.5 hours to drive there and another 1.5 hours to drive back. Elizabeth really enjoyed herself today and when we left she said she was hungry. There was nowhere in the area apart from 1 pub that had stopped serving food so I took her to a lovely place even further afield called Woodhall Spa and I showed Elizabeth the “Kinema” in the woods and we walked from there to the high street where they have wonderful shops many of which were closing being Sunday but fortunately I managed to find a place that was open. This is called the Inn at Woodall Spa. Realising that time was getting on I asked if they could provide a takeaway but decided to contact the ward to advise we might be a bit late as we were going to have just starters. The response was “I am going to have to escalate this”. This was a nurse who said this. I then said I felt really threatened by such words and asked was she going to call the police again for the third time? The Inn at Woodall Spa went out of their way to help and I would highly recommend not just the food but service.

We had no time to eat in there and felt obliged to make our way back to the car but at least Elizabeth had nice food to look forward to as all they get in the evenings in a sandwich.

Elizabeth wishes to share her views. I am going to make sure that she is heard loud and clear. “What shall I do about the noisy drawers in the medication room” “I’ve got an ?? idea I could go there and tell them that the drawers make a lot of noise but then again they are the only ones.”. I have promised Elizabeth I will feature such comments as this is not good to make a noise slamming drawers in the medication room.

“I really liked the day out today”. “I cant stand up any more for the injection so they are gonna have to do it lying down!!” “Not that I have an injection tod” I have just sent her photos of our wonderful day out.

“it is totally unacceptable” – her response to my comments that it would appear our battles are far from over yet.

On the way back home Elizabeth came out with random but interesting comments.

Elizabeth is on guard at the moment and it is no wonder way. There is a lot going on behind our backs right now. What is going on is a Care Act Assessment. From what I have heard is the former local area are involved but it has been sprung on Elizabeth very recently and she did not want to participate. That shows mistrust because after all the very many recent flawed capacity assessments on something I cannot talk about as I would end up in prison otherwise, it is no wonder Elizabeth does not trust anyone. It is a good job that she tells me what is going on and I immediately contacted Voiceability. They were advised by me that a care coordinator from Enfield who is well known to us wishes to carry out such tick boxing assessment. Looking back to 2014 “Deprival of Medication Community Care” case – Irwin Mitchell. This same person who wrote nastily for court purposes now is the care coordinator and the same person which according to my files recommended this assessment under MHA leading to 19 months imprisonment.

The other thing Elizabeth told me is that she has been told by the Deputy Ward Manager “You are Not Going Home”. So decided to put this title on my blog to inform the world especially as this is a very topical subject right now as Elizabeth is one of thousands incarcerated under the MHA in the most unsuitable environment of a locked ward which is far from therapeutic.

Elizabeth has also informed that the “Clopixol Depot” has recently been reduced by 100mg. That is an incredibly high drop. I am not a doctor but I am going to copy in Dr Moncrieff and others to check on this and I am not having it said that there is a relapse of so called “illness” when I have read up on the subject that any decrease or increase in medication can affect behaviour. We are still waiting for the MRI scan appointment and the Endocrinologist appointment and dentist after 19 months.

I feel in the mood for writing right now as I want to get the truth out there to as many people as possible. I know the team are reading my blog and feel honoured by this. I wish to advise the Government ministers what changes need to be made to the MHA – the system is not fit for purpose and as said at the CTR in Enfield “the whole thing stinks!” I am now looking at the response from CEO, SC of LPFT who has commented on concerns re Panorama and Dispatches “we are an open and transparent organisation and following these programmes we did contact families and carers of those on our wards to acknowledge how upsetting the documentaries were and provide an opportunity for them to speak to a service manager. Well I am speechless! Why haven’t I been contacted in this connection in that case? Then it is mentioned about “positive progress”. In 19 months of incarceration you would expect to see such positive progress – we have seen none except resilience from Elizabeth despite the mountain of drugs given at one time which led to several patients approaching in the grounds outside voicing their concerns and telling me they were doing the safeguarding. I still cant believe the enormous increase from 300mg fortnightly to 400mg every single week plus 10mg on top and all the frequent rapid tranquilisations. That sounds more like torture to me. Now with a new doctor appointed he had started to give leave unlike any of the following doctors:

Dr Shahpasandy

Dr Ismail

Dr Kumar

Dr Islam

Dr Suleman

I will not name the new doctor because he is being fairer but that does not mean I am at all happy. I am also on the receiving end of heart-breaking messages from Elizabeth which, in accordance with her wishes, I will be openly sharing.

I am glad that Ms Connery mentions “we understand and appreciate that Elizabeth would like to be at home and we are working hard on making preparations for this to happen. This is very contradictory to what the Deputy Ward Manager has just said to Elizabeth and I will not have it said that Elizabeth has got this wrong.

As for “escalation” for being 22 minutes late do you think I am over-reacting?

I would love to hear the comments of my readers after all how comes Police were called twice on me by Ash Villa staff whilst I stood alone under CCTV and then I was accused of assaulting a member of staff. What a lie! Quite rightly I have asked for all the footage so I can share this with my readers. For this I have had to contact the Police themselves and of course there is nothing to show or even the recordings of my alleged threatening behaviour. I find it quite amusing as this reminds me of Cygnet accusing me of “impersonating another mother” via their solicitors. Then I got a threatening letter from the Police. The letter was dated a year prior to when it was posted lol! I never heard anything back from these solicitors about the recordings and this is something I am also awaiting from Lincolnshire Partnership Trust. “Thank you for sharing your constituent’s concerns. I would like to assure you that the Trust is working closely with our NHS colleagues and are continually reviewing Elizabeth’s care to provide her with the most appropriate support and treatment. Like now? Where is the psychologist??? Why is there such staff shortages? Why do you use caged vehicles? Why has my daughter been treated like a restricted prisoner and me like a criminal. Now as someone who is involved in reviewing services myself I can say that I have seen high quality in care but what has clearly been going on here is abuse of power and breach of human rights.

It is not just down to the psychiatrist but a team of 29 and the only positive thing is that they are supporting the former area.

I will keep you informed.

Elizabeth would like to share some positive thoughts today on Easter Monday and here is her consent in case anyone from the Team is reading: “yes pl to positive messages!

“Hello mum I really enjoyed seeing you tod let’s keep in contact because you are my friend I love you with all my heart. I’m having a Chinese fillet steak mixed veg spring rolls chicken sweetcorn soup.” “I will be extra vigilant with paperwork.” Apparently Elizabeth mentioned about some forms which were presented to her from a social worker attached to the hospital – something to do with care? Apparently according to Elizabeth the former area tried to carry out some kind of assessment? – most probably the Care Act Assessment they failed to provide for many years from the minute Elizabeth acquired the independent council flat.

Anyway, we have had a lovely day and the weather has been very mixed but at least the sunshine came out.

Elizabeth was concerned her phone was not working so we got this sorted out, then the broken glasses, then on to Costa Coffee and to a very nice wine bar that did nice food, then shopping in Sainsburys, then a short walk along the river so Elizabeth could admire the birds and ducks and the day went quickly.

I am hoping to take Elizabeth to this wonderful place where there are miniature horses and you can stay overnight. I will take her to have a look first of all and maybe it will be possible to pop in to the care farm which again is on the way.

There are so many wonderful places to see that I would like to take Elizabeth to, especially Lincoln to the Cathedral where Elizabeth wrote the following prayer. Now since last year when treated like a restricted prisoner, things are getting better but Elizabeth is quite right when she says she is being very vigilant as regards paperwork and I would applaud that especially with all the dubious things that have been going on over the past months.

I have since written to the Leader of the Council and I am now going to respond to the letter from the CEO of the Trust and I am waiting to hear more about the provisions which ENFIELD COMMUNITY REHAB TEAM should provide in terms of adaptions which is far more important than the questions below. It is a bit late now for a Care Act Assessment that considers these points after all these years and much of the questions do not apply so this shows how dated and ridiculous the current system is. It would appear this is all about tick boxing and there is no way that tick boxing is in any way appropriate in this case where there has been severe neglect and not by family.

  1. Managing and Maintaining Nutrition   
  2. Carrying out Personal Care                      
  3. Managing Toilet                                                        
  4. Being able to make use of the home and other environment
  5. Relationships with Family/Friend            
  6. Accessing and Engaging in Work, training Education ETC not possible due to substantial decline
  7. Being part of the Community including making use of facilities
  8. Carrying out tasks of being a parent       

I wish to share the following which is applicable to all vulnerable people treated like prisoners for years on end in secure hospitals because they have autism or learning disabilities:

Dissociation and hostility are not indicators of psychosis in this contact but a sign of perfectly understandable anger and fear of a foreshortened future.  This is common in people incarcerated and robbed of the last vestige of dignity and hope.  

How very true!

Wouldn’t anyone experience ‘dissociation and hostility’ if someone locked you up, spied on your every move, intruded in family visits and neglected proper care and medical treatment.

“She has on a number of occasions, been so distressed that she has had to have rapid tranquilisation administered. She has also had to be placed in seclusion. It must be stressed these measures are to ensure her safety. Trust policy is adhered to, and the measures have only been undertaken after less restrictive options have been exhausted.  

As said by the independent chair of the CTR “The whole thing stinks” and in respect of the above comments I would add “RUBBISH!”

There seems to total lack of insight at LPFT and LCC plus ENFIELD CC and BEHMHTNHS.

I shall be revealing the full extent of this lack of insight within this blog as well as power abuse by Council and Trust. I look forward to sharing anyone else’s shocking experiences too as I naively thought and hoped by moving that we would be treated better but now there is double trouble with two areas to deal with.

I wonder what the forms were all about – Elizabeth said she was not feeling well at the time and wisely refused to sign and in any case it is important that an advocate be present when it comes to something as important as a Care Act Assessment or care provisions. I immediately contacted Voiceability when I heard from Elizabeth about this.

The other – capacity assessments. Oh my God! There needs to be a complete overhaul of policy as regards this. No capacity assessments should ever be conducted by members of staff who are involved in care surely this is totally wrong. It should all be independent as this is conflict of interest. I will be writing about flawed capacity assessments next time and the abuse of power by Councils and Trusts.

There needs to be Open Dialogue not secret MDT meetings including 29 without family present. A Care Act Assessment needs to be done fairly but nothing has ever been done fairly by the former area. Best Interest assessors should be abolished as they do not have a clue what is in best interest and if they are not medically trained they should not be carrying out anything of the sort just so as to decide what THEY dictate is in best interest when it is obvious to us all in the family that Elizabeth has full capacity – full capacity to say:

“Go away” and “it’s nice weather today” or “no comment”. I’m afraid you have failed in this respect LPFT and I will advise more indepth about these assessments and the disturbing way they try and manipulate the process and abuse power.

From: HSCA_Compliance <hsca_compliance@cqc.org.uk>
Sent: Thursday, July 28, 2022 3:40:29 PM
To: susanb255@outlook.com

Subject: FAO Susan Bevis – Correspondence – Ash Villa – ENQ1-13580144066 – DB

Dear Mrs Bevis,

Please find attached your Correspondence regarding Ash Villa. If you have any queries please do not hesitate to contact us.

Statutory requests for information made under access to information legislation such as the GDPR and the Freedom of Information Act 2000 should be sent to: information.access@cqc.org.uk

Kind Regards

David

Inspection Support Team Co-Ordinator

For information about CQC, including contact details, information about how we use and protect personal data, and how to request information from us, go to https://www.cqc.org.uk/contact-us

Letter attachment below dated 28 July 2022

Mrs Susan Bevis Delivered by email Ref: ENQ1-13580144066 28 July 2022   Dear Mrs Bevis     I am writing to inform you the frequency, duration and nature of your communications has caused disruption to our business and distress for CQC team colleagues.  

Why should it cause distress when they are assigned to deal with complaints that could result in someone’s life being saved who is recorded as being of “high risk of mortality” to the point Fire Brigade and Ambulance have been notified.  Notably David refers to the CQC as a “business” and so this is how the CQC view requests for them to intervene and how they dismiss them.  Surely that is what they are assigned to do and that is investigate concerns.  

Between January 2022 and June 2022 you raised a significant number of enquiries with the Care Quality Commission regarding the care of your daughter Miss EB staying at Ash Villa a rehabilitation ward within Lincolnshire Partnership NHS Foundation Trust (LPFT). The Call handlers who you have contacted have passed on your concerns to the Inspector for review; in turn the Inspector has passed your concerns to the trust. In many cases the trust were already aware as you have copied them and were already dealing with your concerns. The information you have shared is repetitive and similar information to that you sent to us previously. Our Inspector has liaised extensively with the trust and is satisfied the service have taken steps to address your concerns.     

The calls did not come from just myself but from EB herself and others.    

We understand Miss EB consistently says that she does not want staff to share information about her care and treatment with yourself or any concerned parties. Miss EB does share information herself with you. The trust have set up an identified single point of access at Ash Villa; and a dedicated email box with the trust. The CQC cannot investigate your individual concerns further. We are sorry that we were unable to assist you further on this matter, and now consider it closed.  

EB shared her own dismissive response from CQC, until her phone was taken away for monitoring and supervision purposes by Ash Villa staff then we had no choice but to have to go through the ward which has brought no end of inconvenience and upset to entire family.  EB now wishes to waive anonymity to highlight what is going on under the shocking “care system” of the UK.    

You can however contact The Parliamentary and Health Service Ombudsman who will be able to offer advice and assistance to you regarding your complaint. Their contact details for ease are on the phone via 0345 015 4033, or www.ombudsman.org.uk/making-complaint. Which we have done.    

In view of the previous communications between yourself and CQC, if you do need to contact CQC in the future, we ask that you make any communications in writing initially by letter. If you do telephone the CQC there will be a voicemail service where you will be able to leave your concerns via voicemail. Based on the new information shared we will decide whether to respond directly to you, or instead may approach the relevant healthcare provider. This decision will be as appropriate to follow up on the information shared.     

I will not be bothering.  The only time the CQC respond effectively to facilities they rate as good is when abuse is revealed by TV programmes like Panorama or when someone has died under care.  No-one has signed the letter that David has sent notably so I am assuming it comes from him.    

Yours sincerely,  Inspection Team

This is my first blog in a long time since previous domain name was sold at auction only recently without notification.

I will be featuring more writing from Elizabeth and updates on the current position and having obtained her permission I will start by including her messages as per below.

Tomorrow I will be visiting Elizabeth who is 1.5 hours away and held on an acute ward still after 18 months. Three hours of driving for a supervised visit 2-1. I have requested a bit of leave in the local area but in a meeting including 29 this will be discussed and I will not know the outcome until tomorrow.

We never thought that things would turn out this way and had hoped for peace but I will go on to explain what happened as a warning to anyone else thinking of moving to a new area.

28.09.2021   19.21 “I should not have been sectioned as I am a vulnerable person.  I have got the paperwork to appeal the section.”

  • 08.10.2021    20.45  
  • Can’t wait to come home”

3.            22.10.2021   21.34   “I’m very unwell physically”

4.            23.10.2021   “I wont get better

5.            23.10.2021   11.46  “The consultant was very subtle when talking but vicious   –  He decided to put me on depot injections.  I am hurting in my arms.

6.            27.10.2021    23.51 “I am suffering from an unknown illness which is making me tired”

7.            27.11.2021  – 16.21 “I’m in trouble with this autism.  Try not to worr at this stage.

8.            28.11.2021  –  12.46  “I’m now left mentally scarred by dreadful treatment.  I’m  not able to cope any more.

9.          28.11.2021  14.29 “I can hardly walk coz i’m frightened of the floor.  Can you send me my walking sticks. 

10.          28.11.2021 18.18  “I want to die”

11.          30.11.2021  18.53  “I’m in the wars with this autism”

12.          04.12.2021  17.43  “I don’t care any more these staff are abusive to me”.

13.          05.12.2021 12.26 “They have been very unfair to me and do not understand where I’m coming from.

14.          06.12.2021  19.15 “Caged van is not suitable for a patient like me.

15.          06.12.2021  20.56  “It’s really unnecessary to have held me for such a long time.

16.          07.12.2021  15.51  “I’m only able to talk to a female doctor”

17.          07.12.2021  “Look Mum they shd not be suggesting things me wait until I’ve had a diagnosis for autism.”

18.          15.12.2021  “Hi Mum I’m allowed home in few days”.

19.          21.12.2021 20.40 “My medication is causing bad side effects shaking in hands.”

20.          22.12.2021    “they really think the drugs work”  “its weird I swear I have seen Dr Shapasandy before once on a video call.

21.          22.12.2021  12.25“Last night I was very ill with the drugs, they are toxic.  I need a toxicology test.

22.          27.12.2021   21.43    Elizabeth refers to pain in her back with the injection.

23.          28.12.2021  “You’ve got to get me outta here.  One nurse that I know said don’t struggle on your own like I need any help from these people.”

24.          28.12.2021  15.08  “Look this is no joke I’ve got to decide tomorrow what to do whether I want to go to a specialist autism home”

25.          04.01.2022  11.47  “Hello the plan is for me to be discharged 1st week Feb to be discharged to my place of choice.”

26.          06.01.22   10.24 “Hi Mum isn’t there a way I could stay in the chalet while your busy building”

27.          07.01.22  “hello I’m in a lot of trouble these are very nasty people” 

28.          07.01.22  “Because they are not letting me go at the moment.  There is a problem.  I should not have been detained.”

29.          07.01.22  “Mum you need to listen and listen well my health is declining.  I am becoming a vegetable because of the drugs.  The doctor was trying to say they are doing this in my best interests but they are forgetting one thing I do not wish to be well.”

30.          16.01.2022 18.04  “Im currently stuck in Ash Villa.  I don’t belong here.”

31.          16.01.2022  “Look my body has given up in here”

32.          16.01.2022  “I feel trapped here”

33.          17.01.2022  10.15  “Hi Mum I’m shaking in agony my bones hurt”.

34.          20.01.2022  17.38  “I am also developmental autistic”

35.          25.01.2022  15.45 “Hi you can come up tomorrow but be aware of covid bring the things.”

“There is only one case of covid  15.53.”

36.          02.02.2022  “They are not treating patients well in this hospital”

37.          06.02.2022   19.30  “Hi Mum I’m in some trouble down here with the section but we have got a tribunal coming up so hopefully that will shed some light on this whole mess that’s been created by the mental health.”

38.          07.02.2022   “Its a long old stretch till the end of February but I hope ur ready to pick me up and we’ll go for a nice McDonalds meal but I will give you my coke so I don’t spill it”

39.          09.02.2022  “Some idiot said to me I need to get a bit better before I come home.  Dont know what they are talking about.

40.          11.02.2022   01.04   (Day before Elizabeth’s Birthday)  “I cant wait for the choc cake sounds del”

41.          22.02.22   “Mum the Drs have been asking to do an ecg on me trace of the heart and I had to go with the physical nurse to do one.”

42.          27.02.2022  17.41  “Make sure you send that Ombudsman paper off to the right place”   (in relation to complaint on former area who refused to pass over the “care”

43.          28.02.2022  “They are being nasty – I dare you to come to the hospital and demand my release”

44.          02.03.2022  16.35  “Im not happy in here.”

45.          07.03.2022  “I refused the lying down MRI scan.

46.          10.03.2022  “I would like to come to church”

47.          15.03.2022  03.55 “The situation re MH gets weirder as the day goes past – they’re  ob lying and trying to hold me against my will here.  It’s so very terrible.

 

48.          24.03.2022  19.52  “There is a conflict of interest with the staff here at Ash Villa they seem to think they are doing the right thing.  I’ve never seen something so absurd”

49.          28.03.2022  “Listen to me I am at breaking point.”

50.          11.04.2022 10.19 “The doctor has checked me.  I have muscle weakness in whole body”

51.          27.04.2022  16.29  “Im on haloperidol, lorazepam, Clopixol. The Dr says I’m subject to a manager’s hearing I bet they are in the wrong.”

52.          08.05.2022  21.31 “I’m not doing too well.  Why do the MH keep trying to make me well.  They are stupid.”

53.           08.05.22  21.39  – I think things should go to the High Ct.

54.          24.05.2022 09.54   “The Manager’s Hearing will take place at quarter to eleven.

55.          24.05.2022 10.25  “I’ve asked them to send you a link but when I asked they said you were not invited but I have told them I want you to attend”

56.          10.48  24.05.22 – I was not aware that G had done a capacity ass.

57.          11.05  24.05.22  –  I’ve just bn in to the hearing looks OK so far but I’m waiting for the final decision at the end.

58.          24.05.22  17.49  “They have increased my medication.”   “They have put me on 400mg per week Clopixol.  “Nothing else discussed.

59.          25.05.22  18.04  “The Dr is being unreasonable”

60.          18.43  “J and J put me in seclusion last night and injected me twice”  (T)

                “What did you do to be put in seclusion?”  (T (SB)   17.10

                “Nothing”  17.10.

61.          21.10.22  20.30 “There is a meeting with everyone coming up next week.  I believe they will discuss whether or not I come bk home for Xmas.”  And at 20.59  “without warning I was pushed against the wall to be given an injection one lower one higher.   

62.          24.10.22   S kept coming to my room to administer medication in depot form on three occasions.    

63.          26.10.22   “Hi  I’ve just witnessed a patient refusing the depot and being set upon by staff”

63.          28.10.22  “Hi my medication is current at 300mg then going up to 600mg.   S. told me.  She works in the medication room.  

64. 28.10.22  22.44  “the lumps are from the depot I had last week”.   

65. “I hope that meeting is to discuss Xmas leave”  

For the duration of Elizabeth’s detention she has been denied meaningful contact with her family under the following Doctors:

Dr Shapasandy

Dr Ismail

Dr Kumar

Dr Islam

Dr Suleman

Now there is currently a sixth doctor who was offering leave after 18 months of detention and the only one to do so. This started around Xmas 2022 but Xmas was a disaster. Because of the length of time Elizabeth had been incarcerated she suffered anxiety and confusion when offered the chance of home leave. Leave commenced in the local area with a visit to a nearby garden centre, then to church for a Xmas carol service. Elizabeth was offered one night at home for Xmas but this was so overwhelming that she then changed her mind and then on Xmas Day wanted to come home. There was no flexibility allowed for and we were told this was not possible for her to stay a night later than planned. This meant that a family member had to drive six hours to pick her up, take her back and do this journey twice to return her as she was not allowed to stay overnight.

I then complained that more flexibility was needed in case Elizabeth changed her mind on other occasions and this was granted but the leave started off slow and gradually with two nights home allowed, increased to four nights home and all was going very well. A member of staff described “episodes” where Elizabeth was rolling on and off the bed onto a hard floor but I was so pleased we had not witnessed this at home.

In terms of the independent home I have provided for Elizabeth, the exterior has now been completed. We are at the stage of doing the wet room. The shower tray has been fitted, the special flooring that comes up at the edges and now the tiling has all been done. Next will be the fitments for this wet room and what needs to be done is the flooring in the living room and the bedroom. etc. Not a scrap of support has been offered towards finalising this annex when so much money has been spent on it to provide a decent living accommodation in the right environment which was the whole point of us moving in the first place.

An acute ward after 18 months is no place to get better. It is noisy and Elizabeth says she is near the seclusion room and cannot sleep because of the noise. She tends to sleep during the day and misses meal times and is wide awake at night. What a life! this is not what we had hoped for.

A most disturbing thing has now just come to light. Originally I had contacted the Ombudsman (at Elizabeth’s request Point No. 42) of Elizabeth’s messages urging me to make sure I sent this to the right address. The case was shut down initially as I was most concerned that I thought the former area of Enfield were holding on to S117 aftercare. Going back to Xmas 2021 when we took Elizabeth back to the hospital I had found out the former area still held the care and refused to hand it over. This was witnessed by other family members and Elizabeth reacted to coming back to the ward and having to go through meetings etc so her release was subsequently postponed then there seemed to be another agenda mentioned in Point 24 when it was discussed about Elizabeth going into an autism home. So on the one hand it appears that this condition is recognised – same with complex PTSD yet with the diagnosis remaining as Schizophrenia – an umbrella label for other underlying causes which they refuse to look into pathologically.

I have asked on numerous occasions for Elizabeth’s S117 aftercare to be transferred to this new area in Lincolnshire in accordance with her wishes but today I have heard the following in an email sent from the former area’s community MH Team:

“I will focus on what is needed now. I would like to correct the statement “Enfield are prepared to provide unlimited funds in this respect”. The legal process would be for a care Act assessment to be undertaken. Within the care Act assessment there are 9 points that would need to be addressed these are:

Managing and maintaining nutrition

Carrying out personal care

Managing toilet

Maintaining a habitable home

Being able to make use of the home and other environment

Relationships with Family/Friend

Accessing and Engaging in Work, training, education etc.

Being part of the community including making use of facilities

Carrying out tasks of being a parent.

Based on the outcome of the assessment it would identify where she has needs and how these needs would be addressed.

With regards to the building work you listed below the Local Authority and ICB do not fund for such work. I would suggest you approach your local CAB to see what advice they can give around obtaining grant to finish the work required.

Due to the distance it is likely that the care manager Hannah will contact Elizabeth/yourself and with support from her clinical team to undertake the assessment via Microsoft Teams with regards to her accommodation in Enfield.

I suggest a decision is made soon with regards to returning the property back to Enfield since you have now decided that your daughter will not be returning back

Regards

Lucy Omezi”

Community Rehab Team MH Senior Operations Manager, Park Avenue MH Resource Centre, 1st floor 65c Park Avenue Enfield Middx EN1 2HL

I received this email today. The family spent a lot of money decorating the council flat, providing carpets etc but not once was a Care Act assessment carried out on Elizabeth or me as a carer.

Surely this is in breach of failure to provide any S117 aftercare as promised from the very beginning when Elizabeth first acquired the independent council flat. Surely this is negligent on their part ie R v MHRT Torfaen County Borough Council and Gwent AHA ex. PL. Hall (1999) 3 ALL ER 132.

When I heard that former area of Enfield were still responsible for providing S117 aftercare only recently and that unlimited funds were available I had asked for assistance as on top of finishing the annex internally there was need for adaptions. There has been nowhere to put the possessions of the council flat as the house I bought was a very old house neglected for many years and we had to get planning consent to build the annex and this all took time. Even though the annex is built now, the interior not finished and considering the huge amount we spent on the flat in Enfield, we feel it is totally unfair that absolutely nothing once again is provided in terms of assistance and we had witnessed during the last visit home, Elizabeth in an inconsolable state of delirium, caused by high dosage of medication which is being administered by depot (Akathisia). Elizabeth contacted an expert on medication recently who told her that this was a much higher dosage than ever given plus no account is taken of the fact she is a poor/non metaboliser. This is what made me look into adaptions and my builders have told me they carried out work for a disabled person with autism through an assessment carried out by the council in this new area involving a strong bed, padding to walls, hand rails and strong furniture. If Enfield are responsible for assessing what is needed then surely they need to do this re the annex so that Elizabeth’s possessions can be transferred back to this area. Instead and it almost seems like a threat, the following comments are made:

Due to the distance it is likely care manager Hannah will contact Elizabeth, myself, her clinical team to undertake assessment via Microsoft Teams with regards her accommodation in Enfield.

This sounds really threatening after 18 months and nothing I hope they are not going to force Elizabeth back to the old area where she was left without a scrap of support and does not wish to return to .

I hope they are not going to play on capacity once again.

There has been more talk about Elizabeth not coming home and this she has repeated to me and this is totally against her wishes.

In all this time there has been such abuse going on with a vulnerable person’s rights and mine violated by excessive deprivation of liberty. Our rights to a family life and privacy (Art 8 ECHR), her right not to be detained without due process (Art 5 ECHR) amongst other human rights breaches.

There have been best interest assessments carried out that are not independent.

No leave for months on end and phone taken away. Visits and calls supervised which is degrading.

All this time Enfield have been paying for the healthcare in this area – an acute NHS hospital namely Ash Villa.

I DO HOPE THEY DO NOT FORCE RETURN ELIZABETH BACK TO ENFIELD WHERE SHE WAS MOST UNHAPPY.

There has been no communication between Enfield and myself for months. I am assuming they have been participating in meetings that go on behind the backs of us as family with not a word said to us.

Now we have a major complaint about a vulnerable patient’s detention that has been dragged out for months on end to try to institutionalise her and put her into care away from her family where she wants to be near her cat and the lovely peaceful environment where we have moved to.

The bullying we have had is dreadful and disappointing that we are back to square 1 having to defend/fight for her to come home and we did not expect this to happen as I did not wish to complain and genuinely wanted to get on with a new team.

We did not know much about the new area we had moved to and if anyone else is considering moving thinking they will get treated fairly under the NHS sadly this is not the case.

It is good also to research the area which I did not. It seems as though care only exists once side of Lincolnshire and not where we live which is a holiday area where a lot of elderly people come to retire yet there is very little in this area to cater for MH and autism/LD so I have taken this matter up with my MP giving Elizabeth’s case and treatment in the hope that things can be improved for others in future.

I have not yet responded to the email from Lucy Omezi but she suggests I contact the local CAB for their advice which I will do. Out of interest if any of my readers who have suffered similarly have any comment on the deprival of S117 aftercare and Disabled Facility Grant responsibilities I would be most grateful particularly as I thought that it was the Local Authority social services responsible for assessing this and since all this time they have done nothing, surely the wishes of the vulnerable disabled person on where she wants to live must come into consideration and therefore whoever is responsible which is ENFIELD should assess for her needs for such adaptions that I had listed, before making threatening comments in respect of assessments being done to the flat in Enfield where nothing has ever been provided for years on end leaving her to go downhill and leaving us with no alternative but to move away as the house was sold. Left to go downhill for months on end there is no way Elizabeth would be happy to return back to Enfield.

Tomorrow I have a meeting with the new doctor and an appointment to see Elizabeth who I hope will be allowed out in the local area as she has not had fresh air or exercise for two weeks now.

From: ZB
Sent: Friday, June 10, 2022 11:32 am
To: susan bevis
Subject: RE: Elizabeth Bevis 12.02.1987 – Unlawful Deprival of Liberty

Hi Susan

I do not best placed to answer about Dr K 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 Mr ….. 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

ZB

Ash Villa

Sleaford

NG34 8QA

From: ZB
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 Mabop 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

ZB

Ash Villa

Sleaford

From: ZB
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.  

Our new RC  at ash villa is still Dr K but may change in the near future, I will advise when this happens.

Kind regards

ZB

Ash Villa

Sleaford

Working hours Monday to Friday 09.00-17.00 pm

From: ZB
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.

Our new RC  at ash villa is still Dr K but may change in the near future, I will advise when this happens.

Kind regards

ZB

Ash Villa

Sleaford

Working hours Monday to Friday 09.00-17.00 pm

From: susan bevis
Sent: 07 June 2022 13:15
To: ZB
Cc: CONNERY, Sarah (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST); Heera, Anita
Subject: 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 because it was found that legally Cambian were in breach of human rights and the law as are 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 K 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.

Also I would like to request S17 to take Elizabeth to the Mabop celebrations on 19th June.  Can this be allowed?

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

From: ZB
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 spends 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.  The phone belongs to Elizabeth so what rights under the law do they have to justify taking a phone away – her one contact with the outside world outside of that dreadful prison. Plus we pay for a contract on that phone so there is the human rights of her family who are accused (especially me) of phoning every day and bothering staff by zoe blake in an excessive manner.  This is an abuse of our human rights – the family and degrading treatment of the vulnerable patient.

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.

Kind regards

ZB

Ash Villa

Sleaford

Working hours Monday to Friday 09.00-17.00 pm

From: ZB
Sent: Monday, June 6, 2022 10:20:17 AM
To: susan bevis
Subject: RE: Single Point of Access

Good morning Susan

I hope your feeling better.

I do not have the authority to advise anyone not to contact you and that includes the MHA office, however with that said, Due to the level of emails and calls staff members are receiving from you on a daily basis it was agreed that a single point of access would be the best way forwards for yourself and staff. (but what now???? we the family have no set times when we are allowed to phone and have no choice but to phone the office. Have requested copy of phone log as no way do I phone every day as you suggest)

This has been in place for some time now and will continue to be in place while Elizabeth is with us at ash Villa.

There is no *rule* as such more an understanding that anything you need Drop me an email or call and I will do what I can to gain the answers for you, likewise staff contact me to feed back anything to yourself.

This allows the nursing team to concentrate on the service users and allows you someone to speak with. But not now we have no access to Elizabeth as she is unlawfully being deprived of her liberty whilst held under S3 of the MHA for the past nine months. Now there are no set times when she has her phone that we pay for by contract and therefore we have no choice but to phone the ward only to be told “if she wants to speak to you she can ask for her phone back”. How very wrong you all are the MDT and RC Dr K of (……………….which Trust registered to??????) when noone has heard of him at LPFT??????? This all needs confirmation as to why not registered with the Trust same as previous medical director just resigned.

Elizabeth has an excess of clothes that are stored for her, These clothes are  to small for Lynsey, when you next Visit could you kindly collect them for Elizabeth. Couldn’t as nothing had been sorted out but was told she was short of summer clothes so bought her some more.

Kind regards

ZB

Ash Villa

Sleaford

NG34 8QA

From: ZB
Sent: 19 May 2022 16:00
To: susan bevis
Subject: Meeting Points.

Hi Susan

Please see meeting notes from todays meeting.

  • S17 leave has not changed and remains at 2 x 30 minutes ground leave escorted by 2 members of staff.
  • Risk was explained regarding why Elizabeth is escorted by 2 x members of staff.
  • Nursing advised that Elizabeth does see her advocate on a one to one basis however Elizabeth has refused from time to time.
  • Dr S advised the consultant would be available next week to be involved in the meetings. Why wasn’t he then?????
  • We discussed Takeaways and how these are becoming more frequent. And we discussed endocrine disorder and PCOS source of weight gain and the increased dosage of clopixol depot Elizabeth told the family about as discussed at the Manager’s Hearing I was not included
  • That you would like some inclusion. I have a right as both NR and POA to be informed of certain decisions and reasons why????
  • You was offered invitations to Carers support groups and you refused these.
  • You would like to continue with the weekly meeting with a consultant.
  • You wish to visit on a Saturday @14.00. And not a Junior Dr or any other staff acting as shields/protectors so as to avoid important issues such as S17 leave and as for the Carers Network – this is OK provided you do not post anything negative and lo and behold you get a ticking off in front of everyone lol!

I will look at booking next weeks appointment and forwards to you in due course.

Kind regards

ZB

Ash Villa

Sleaford

NG34 8QA


Sent: 07 May 2022 20:21
To: susanb255@outlook.com
Subject: Re: Negligence

Susan

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.  I am quite prepared to help you put together a case if Elizabeth agrees.  The matter needs taking to the High Court on the grounds they are acting ultra vires. It costs £3800 pw for Ash Villa and £140000 has so far been spent roughly since September 2021 and she is declining and beginning to self harm because of their abuse.

This circumvents the institutional bias of the tribunals and involved decisions based on well establish law rather than the convenience of the staff at Ash Villa.  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.

 I as NR have been prevented from having a Manager’s Hearing or any contact with the MHA Office who no doubt have been instructed not to respond to be at all.

From: ZB
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. You know very well that I had written consent as I told you so and could prove it.

Elizabeth has not been deemed to have Capacity to consent to your request on this occasion. Because of Capacity Assessment done by a nurse namely G J. Well that is interesting as I have POA in that case.

Kind regards

ZB

Ash Villa

Sleaford

NG34 8QA

Working hours Monday to Friday 09.00-17.00 pm

Now a capacity assessment has been carried out on my daughter and she was not informed about this.  As you can see from above person who is supposed to be my Carer’s Champion says Elizabeth has no capacity when I have a text message and even knew the exact time of this.

Meanwhile the MHA Office Manager S J. and staff continue to ignore me as though I do not exist.

This is not right at all unless Elizabeth been found to have no capacity but surely as the Nearest Relative you should be entitled to be informed of this.   The matter should therefore go to the CoP.

They have been trying to take away from me/her father the POA for Health and Welfare and we are under investigation right now by Anita Heera of the Public Guardian Office on account that we stopped or tried to stop the depot of clopixol when we actually tried to get this up and running but failed because no one helped.  For nine months my daughter has been held a prisoner.  Her physical health is declining and she has missed two physical health appointments and spends most of her time lying in bed trying to keep warm.

I have asked ZB if/why she is standing in the way of my contact with the MHA Office as NR as I wanted a Manager’s Hearing.   They clearly did not want me to attend the manager’s hearing and I am wondering if this could be the reason that the depot has been raised to max level decided by the Manager’s Hearing – putting my daughter’s life at further risk.   An expert of the drugs we know has recognised correctly that Elizabeth has an endocrinal disorder and is against the increase in drugs and he is an expert on the drugs and knows also that she is a poor/non metaboliser. Previous Endocrine tests done confirm and yet they negligently ignore and raise drugs to max level. I have got the care plan Elizabeth shared stating Ambulance/Fire involved – high risk of mortality.   Once again I am asking you to (CQC) intervene as my daughter is at risk of dying.

Regards

Susan Bevis  

Sent from Mail for Windows

How long is the “agreed” period agreed amongst MDT and RC for then?

As regards the Policy Documents, I already checked to see if DoLs was in place and was firmly told no, so you can be sure I am going to check the legality of all of this and all the breaches in Lincolnshire Partnership Trust’s Policy.   Elizabeth should be entitled to compensation for unlawful Deprival of Liberty per month of up to £5000.

It is not a matter of you or others deciding to take a vulnerable person’s phone away from them deciding who attends a manager’s hearing when Elizabeth invited me and I can prove it – what on earth is going on under Ash Villa?   

Elizabeth has told me all the information I needed to know plus shared her care plan with her family which she is quite entitled to do and we have copies of that and it would most certainly appear that “professionals” are now punishing her by depriving contact with her family who pay for a phone contract.   This is unlawful what you are doing.

Is that nurse who carried out the capacity assessment a trained “best interests assessor”?  If not she has no ‘capacity’ or authority to decide capacity of others.  Capacity is a matter for the Mental Capacity Act 2005 and its the duty of the assessor to presume capacity in just about all patients.  It would be a very difficult to suggest that someone did not have capacity to use a mobile phone and it is a fundamental breach of Art. 8 ECHR to deny family contact.  There seems no reason why private phone calls could be denied and you have a right to be informed of the details of any such decision should it occur.    

Deprivation of liberty is a high court matter as are ECHR breaches.  It is very easy to bring a human rights action as litigant in person and many people do so because legal aid is exceptionally difficult to get in these cases unless there is a public policy issue.  

And there is most certainly a public policy issue with Lincolnshire Partnership Trust as I have been reading the Policy documents.

I am also concerned for my daughter’s wellbeing as she looked distressed and had a bright red mark on her face and is resorting to self-harm again because of the stress of being held an absolute prisoner under Ash Villa with no end in sight and deprived of basic human rights.     I have today 10.06.2022 reported to Adults Safeguarding further concerns as they are investigating my daughter’s case right now upon my advice.

On Wed, 8 Jun 2022 at 12:11, MEDICALDIRECTOR (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST) <lpft.medicaldirector@nhs.net> wrote:  Re Dr K

***We do not have a doctor with that name and / or GMC number working at Lincolnshire Partnership NHS Foundation Trust.

Kind regards

Jacqui

JH

Medical Directorate Administrator

Lincolnshire Partnership NHS Foundation Trust 

From: ZB
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.  

***Our new RC  at ash villa is still Dr K but may change in the near future, I will advise when this happens.

Kind regards

ZB

Ash Villa

Sleaford

Yesterday was the Manager’s Hearing I had been asking for on many occasions as Nearest Relative. You will not be surprised to learn that I was completely ignored as I have been for months on end by the Mental Health Office. It could be that the MHA office are told my only point of contact is as Carers Champion but what right do a MHA office have to ignore you as Nearest Relative who has called for a Manager’s Hearing. A full investigation needs to be undertaken.

I have had another patronising ticking off by the person who is said to be a “carers champion” in that I am supposed to go through her for everything. However this is just like a messenger service where you get no answers and the RC above has been one of 3 who have avoided S17 leave and a junior Dr is then put in charge of a meeting because the RC does not have the time of day for you. Therefore you do not get treated fairly. It is just delaying tactics.

I have found out that a capacity assessment was carried out on Elizabeth without her knowledge by a nurse called G only recently.

Clearly noone wanted me to attend yesterday’s manager’s hearing so what they did was they worked together putting up barriers and perverting the course of justice legally as I as Nearest Relative would be entitled to have a manager’s hearing but instead this was done behind my back and the only reason I knew about it was because Elizabeth told me even down to the time it was taking place and I had been invited by her.

There is such ignorance or blatent disregard to the MHA under Ash Villa it makes this facility not fit for purpose.

The other thing is that Elizabeth has shared with her family her care plan.

From reading this disturbing care plan is revealed the hopelessness of her situation in this dreadful institution – the worst we have ever come across and NHS run. There is no respect for carers and there is no respect for the patient and her life is at risk and I want everyone to know about it as Elizabeth has actually said she is going to die in there.

Time and time again we have asked for CQC intervention at this facility and nothing is ever done. They are due an inspection. I fear that this facility is unsafe. I have now turned to my MP, Victoria Atkins and Healthwatch Lincs. The matter is being passed on to the DoH.

The whole situation has led to me becoming very ill, to the point I cannot visit right now. Thought I had covid but yesterday’s test was negative so it must be flu but this is the effect on you as a carer when you read the care plan that highlights ambulance and fire brigade notified due to her being bariatric and high risk of mortality. They are also missing the point about takeaways – deprived of exercise and meaningful contact with family Elizabeth could be held prisoner under the MHA on the say so of completely unaccountable professionals for years and years on end – a prisoner deprived of all human rights under LINCOLNSHIRE PARTNERSHIP TRUST and what on earth is happening about our complaint? If someone is in bed all day trying to keep out of the way that person is missing meals anyway and if that vulnerable person happens to get up in the night and dares to ask for a drink then they get callously told to get back into bed. I have been subject to severe bullying to the point where a member of staff tried to say I had assaulted a member of staff and in a letter by ward manager accused of threatening behaviour and now I want everything on me under GDPR rules. I have now had to apply for all CCTV footage to clear my name – what could have justified 3 x police cars coming out? I was standing beneath CCTV cameras alone at the time. Not for the first time, this facility whose professionals completely lack communication skills resort in bullying tactics using the police as if they are not busy enough. Anything to blacken your character that is how bad it is and I would welcome a full enquiry.

It was a big mistake coming to this area thinking that MH care would be good and for a long time I kept quiet, not wanting to rock the boat. Right now I couldn’t care less any more as I want something done about the situation before it is all too late now that I have seen the extent of risk to my daughter’s life. There are too many cases of people dying in these institutions who deprive patients of basic human rights and exercise leaving them to go downhill.

What was decided at the Manager’s Hearing was to raise medication to 400 mg near maximum with complete disregard to the fact that Elizabeth is of high risk of mortality and adverse reaction as proven by genetic tests P450 liver enzyme. Even Cygnet respected this certificate but there is no respect at Ash Villa – a hospital that destroys lives.

I am now going to share with you some disturbing but educational information. Elizabeth now said to have no capacity in a capacity assessment conducted by nurse G.

From: b.

sent: Tuesday, May 24, 2022 1:28 pm
To: susanb ; Subject: Re: Managers hearing

Susan

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).

B. 

From: B
Sent: 24 May 2022 23:37
To: susanb255

Subject: Dosing and P450 metabolism

Very important paper on poor metabolisers

“If a patient on psychotropic medication develops symptoms of delirium or of akathisia, every psychiatry textbook I have been able to identify advises dose reduction or change of medication to one more suited to the patient. The problem occurs on change of dose up or down and has been associated along with other extra pyramidal side effects, as well as sensitivity”

“The half-life of the zuclopenthixol depot preparation is 19 days, so if it is given fortnightly, toxicity will eventually develop”. 

it is clear that Ash Villa staff have no idea about dosage and blood serum levels. they appear to be working on dosing regimes 20 years out of date

Clinical Case Studies and Reports

Clin Case Studie Rep, 2018 doi: 10.15761/CCSR.1000112 Volume 1(2): 1-8

ISSN: 2631-5416

The effect of CYP450 2D6*4 mutation on medication

response: Two cases with different outcomes

Yolande Lucire*

Forensic and medico-legal psychiatry, Pharmacogenomics and Personalized Medicine, Level 5, 203-233 New South Head Road, NSW 2027, Australia

Abstract

This paper describes different outcomes for genetically similar persons bearing the mutation CYP450 2D6*4. They were treated with the same drugs; their condition

was called “schizophrenia” and in both cases the exclusion criterion essential for that diagnosis was ignored

*Correspondence to: Yolande Lucire, Forensic and medico-legal psychiatry,

Pharmacogenomics and Personalized Medicine, Level 5, 203-233 New South Head

Road, NSW 2027, Australia, Tel: 0411158246, E-mail: lucire@ozemail.com.au

Received: August 07, 2018; Accepted: October 25, 2018; Published: October

31, 2018

Substance/general medical condition exclusion: The disturbance is

not due to the direct physiological effects of a substance (e.g., a drug of

abuse, a medication) or a general medical condition [1].

These cases support the notion that treatment of cannabis-induced

disorders with drugs that have been tested for schizophrenia and

bipolar illness may be counterproductive [2].

The paper highlights a need for doctors to diagnose to the criteria,

and to be aware of (a) the DSM decision tree for the differential

diagnosis of hallucinations, (b) the principles of pharmacogenetics, (c)

the high prevalence of diminished metabolic capability for cytochrome

P450 metabolised drugs, and (d) symptoms of neuroleptic toxicity,

including akathisia [3,4]. It points to the need to seek advice from

pharmacologists and pharmacogeneticists and not from peer clinicians

who may also lack relevant expertise.

Patient C

C, 33, a university graduate, intermittently employed, had mild

brain injury at birth and chicken pox encephalitis at 20. (Brain

injury can cause akathisia and remains a risk factor for akathisia [5].

He smoked cannabis rarely. He was unable to say why he had been

prescribed fluvoxamine by his general practitioner (GP). He soon

developed a variant of erotomania (a side effect of all serotonergic

antidepressants, reported thus in the Physicians’ Desk Reference) in that

he became preoccupied with a former girlfriend, ruminating on what

might have been had he married her. He also harassed a friend of the

former girlfriend, driving in his street and breaking windows [6].

Charged with a stalking offence, he presented for an s32 report

under the NSW Mental Health (Criminal Procedure) Act 1990 that

encourages diversion from the criminal justice system of persons

suffering from a mental illness or condition. He was diagnosed with

“paranoid schizophrenia,” by his account in a 20-minute interview.

Olanzapine was added to fluvoxamine and when he became increasingly

depressed, restless and violently suicidal it was increased to 30 mg

daily while fluvoxamine was increased to 200 mg, and he continued to

deteriorate. Zuclopenthixol depot was added to 200 mg fortnightly and

cigarette smoking increased to 40 a day. There was no improvement

in his behaviour, so he was imprisoned on a certificate that called his

illness schizophrenia but held him responsible for his actions [7].

On release, he continued to drive obsessively in his quarry’s street

(indicative of both organic obsessional disorder and erotomania) and

was about to be imprisoned again on his treating psychiatrist’s certificate

attesting to his intentionality, when he made a suicide attempt and was

hospitalised with deep vein thrombosis [8]. He had 35 mg diazepam

daily added but it gave no relief. Warfarin was added to the above for

the deep vein thrombosis. Zuclopenthixol was suspended in hospital.

The author diagnosed akathisia and erotomania and wrote a Section

32 report, and this avoided his receiving a second prison sentence. Four

years later, fully recovered, on no medication and showing no sign of

schizophrenia and working in three jobs, C described his mental state

at that earlier time:

I figured I had nothing to live for. I was feeling like I had no future

and I did not want 40 more years of this. I thought of hanging myself or

slashing my wrists. I do not know how often. I also thought of crashing

into a truck or jumping in front of a train. I was never suicidal before I

had fluvoxamine. I smoked heaps.

I had the injection because I thought it would keep me out of jail.

I could not sit and read, I could not focus on anything, I was restless,

and I could not sit down. The last five days in jail were hard. I could not

sleep at all, that carried on after I went out of jail. I could not do anything,

could not sit down and watch TV. I had to get up and pace around, a

hundred times a night. After I got out of jail, the world completely

changed. Home to me has always been a haven. For those eight months,

I had hell inside.

On legal advice, the author advised C’s mother that three

psychiatrists, one of whom was a personal friend of C, shared her view

that he had did not have schizophrenia or anything like it. His mother

researched akathisia on the Internet and requested a change of doctor

in view of a total breakdown of the doctor/patient relationship.

Lucire Y (2018) The effect of CYP450 2D6*4 mutation on medication response: Two cases with different outcomes

Clin Case Studie Rep, 2018 doi: 10.15761/CCSR.1000112 Volume 1(2): 2-8

Frustrated by administrative inaction, the mother made a

complaint to the Medical Board of NSW (MBNSW), which declined to

investigate it. However, the Board chose instead to pursue the author for

holding this allegedly minority view through a Professional Standards

Committee (PSC).

The PSC found the author to have “inappropriately” destroyed

the mother’s confidence in the treating doctor, notwithstanding that

the mother gave evidence that she and her son had none. The author

was criticised for having insufficient respect for the diagnoses of her

colleagues and this was based on peer reviews, of peers who did not

acknowledge product information (PI).

The PSC unilaterally, without giving notice, decided to publish its

report where no such PSC matters had ever before been publicised. The

author was publicly humiliated as having “insufficient knowledge” and

as lacking respect for her colleagues’ diagnoses. This decision was based

on the author’s holding what the PSC considered to be a “minority

view” concerning antidepressant side effects and interactions, even

though four files of evidence that antidepressants induced psychosis

and suicide in some people were provided, together with PI and

relevant public health advisories. The MBNSW recommended that the

author seek the counsel of a colleague. The decision was misreported

in The Sun Herald to the effect that the author had been “ordered into

treatment by the Medical Board”.

C was allowed to reduce all his medications slowly. Four years

later, C works in three jobs and shows no signs of schizophrenia. He is

stigmatised by his criminal record and traumatised by the experience of

the painful mental state of some duration, but relieved to know that he

had suffered from a medication side effect rather than a mental illness.

Patient A

While a 16-year-old schoolboy in 2004, smoked cannabis, used

other illicit drugs and experienced hallucinations. He was prescribed

risperidone and deteriorated [11]. Olanzapine was added at both

variable and increasing doses. This produced worsening depression

and continuing hallucinosis. Fluvoxamine was added, and he became

violently suicidal.

Soon added in series and parallel were benztropine, haloperidol,

chlorpromazine, lithium, risperidone and its depot, consta, quetiapine;

previously ineffective treatments were recirculated in escalating doses.

Patient A remained violently akathisic, intensely suicidal,

aggressive and intermittently homicidal. He was seen tramping along

the motorway at night in the rain before he made a homicidal attack on

his stepfather in 2005. He spent four months in an interstate clinic. He

assaulted his psychiatrist in January 2006 and was imprisoned.

He made many suicide attempts and repeatedly complained that

his medication made him feel suicidal. His unremitting death wish was

recorded as “I cannot function on this medication. It makes me want to

kill myself ”. He continued to smoke cannabis, insisting it helped him,

and his tobacco use increased [10].

Zuclopenthixol depot was reinstated in prison at 400mg fortnightly

in the face of his protests and history. After his release it was increased

to 600 mg on one occasion and enforced by a Community Treatment

Order (CTO).

His penultimate suicide attempt from a cliff a day after his release

from hospital on a CTO caused police to return him to hospital where

the diagnosis of schizophrenia was amended to “antisocial personality”.

Two days later and after 4 years of treatment, he was found dead at the

bottom of the same cliff, in December 2006. No root cause analysis was

provided for the relatives.

The coroner gave the author very limited access to clinical records

and treatment sheets and refused permission to make copies. He

determined, on a report from police, that A had not committed suicide

at all but had been “skylarking”. On that basis, he declined to hear expert

evidence prepared for an inquest and did not respond to a suggestion

that genetic testing for CYP450 activity was needed. The issue of the

coroner perhaps having a conflict of interest was raised with both the

Chief Coroner and the Judicial Commission because, as a magistrate,

the coroner had previously been involved with A and because he was

involved with that health service on a daily basis. Both found that no

conflict existed.

Commentary

CYP450 testing revealed that both patients had a “null” metaboliser

gene 2D6*4 (in the case of A, after exclusion of his parents’ genotypes).

Both had received multiple interacting drugs that compete for

CYP450 2D6, a metabolising resource that is finite and may be limited

by genotype or P450 inhibitors or other health problems. When

a metabolic pathway is already in limited supply, lower doses are

recommended because the drug is likely to reach blood levels above the

“therapeutic window of opportunity’ for each drug” [11].

Both polypharmacy (endemic in Australian psychiatry) and the use

of higher than recommended doses are counterproductive. Akathisia

and other organic neurotoxic states supervene, and patient does not

recover. Standard doses of a single substrate accumulate in diminished

metabolizers and lead to blood levels higher than the therapeutic

window. The concurrent use of Cytochrome P450 inhibitors hastens

that process. More frequent dosing than permitted by the half-life of

each drug results sooner or later in neurotoxic state and hallucinatory

delirium.

Both C and A were taking, simultaneously, several drugs requiring

the 2D6 pathway, in larger than recommended doses: olanzapine at 30

mg daily is 15 times the normal starting dose, fluvoxamine 200 mg is

4 times, zuclopenthixol injections at 600 mg fortnightly is 8 times the

standard dose. Eli Lilly does not guarantee the safety of olanzapine over

20 mg.

The notion that patients who have not responded to antidepressants

are ultra-rapid metabolizers (UMs) underpins the practice of increasing

a medication or adding another. However, it is many times more

likely that such patients are poor (PMs) or diminished metabolizers

(DMs), and as such need to have the dose decreased. From 5% to 14%

of Caucasians are PMs of 2D6 and a further 20% have diminished

metabolism. PMs may experience potentially lethal side effects within

days, whereas the slower metabolism of intermediate metabolizers

(IMs) causes a slow build-up of blood level while the chemistry of the

brain tries to follow. Rapid changes of psychoactive substances cause

violent mood and behavioural shifts, confusion and delirium in IMs.

UMs comprise only 1-10% of Caucasians [12].

If a patient on psychotropic medication develops symptoms of

delirium or of akathisia, every psychiatry textbook I have been able to

identify advises dose reduction or change of medication to one more

suited to the patient. The problem occurs on change of dose up or down

and has been associated along with other extra pyramidal side effects,

as well as sensitivity.

Lucire Y (2018) The effect of CYP450 2D6*4 mutation on medication response: Two cases with different outcomes

Clin Case Studie Rep, 2018 doi: 10.15761/CCSR.1000112 Volume 1(2): 3-8

Akathisia is a subjective desire to be in constant motion. A

manifestation of drug sensitivity, it may be confused with psychotic

agitation and incorrectly treated by increasing the dose of the offending

medication. The symptom subsides promptly when the offending

medication is discontinued and replaced by another one better tolerated

by the patient [13].

The subjective distress resulting from akathisia is significant and

can lead to non-compliance with neuroleptic treatment. Akathisia may

be associated with dysphoria, irritability, aggression or suicide attempts.

Worsening of psychotic symptoms or behavioral dyscontrol may lead to

an increase in neuroleptic medication dose, which may exacerbate the

problem. Akathisia can develop very rapidly after initiating or increasing

neuroleptic medication [14].

Substrates of 2D6 also include tricyclics, tetracyclics, amphetamines,

chlorpromazine (which has other pathways as well), fluvoxamine,

haloperidol, risperidone, quetiapine and, in part, olanzapine.

Cannabis, involved in both these cases, is metabolised by

cytochromes 3A4, 2B6 and 2C9. It is an inhibitor of 3A4 and induces

1A2. It remains in the body for up to 2 months, depending on the

amount used. Like tobacco, which induces IA2 and caffeine induces the

metabolism of psychiatric drugs as well as producing is own euphoric

neurotoxic state [15,16].

Pharmacogenetics

Pharmacogenetic theory and data provide an arena in which

adverse drug reactions can be explored, understood, theorised and

ultimately predicted [17]. The development of pharmacogenetics has

ushered in a paradigm shift of massive proportions in medicine and,

particularly, psychiatry. It is predictable that this shift is resisted [18].

Pharmacogenetics has featured in American textbooks of psychiatry

since 1999, but it has not been taught in Australia until very recently

[19]. Australia is the last of the U.K., Canada and the U.S. to inquire

into the potential of pharmacogenomics, by means of a report that,

unaccountably, expects a lead period of 10 years to full implementation

[20]. “One size does not fit all” appears to be its theme.

Delay in implementing this education will result in more hospital

admissions for adverse drug events, already a major source of costs

in the U.S., as well as prolonged stays, misdiagnoses and unnecessary

deaths and medication-induced suicides and homicides [21-24]. No

psychiatrist can practise safely without this knowledge.

It may be that lack of this knowledge accounts for psychiatry’s

insatiable demand for resources, and for the increasing suicides, suicide

attempts, homicides and violence committed by patients under mental

health care [25,26]. Providing more resources for psychiatry without

questioning the source of this epidemic of seemingly intractable mental

ill health is unlikely to resolve the problem [27,28].

Metabolic pathways

Nearly 90% of drugs are metabolised by the cytochrome CYP450

family of enzymes, 1000 enzymes determined by 40 genes [29]. They

transform “exotoxins” into products that can be metabolised further

(stage II metabolism) and prepared for excretion by the kidney or

liver. Diminished capacity to metabolise drugs results in blood and

brain levels above the sometimes-narrow therapeutic window. These

concentration-dependent adverse effects manifest as neurotoxic

Drug Therapeutic window [31] Metabolism/transport site Enzymes/process inhibited Enzymes Induced/

chlorpromazine 30-300 ng/ml 2D6, 1A2, 3A4, UGT1A4, UGT1A3 2D6a

clomipramine 175-450 ng/ml 1A2, 2C19, 2D6, 3A4 2D6, 1A2, 2C19

cannabis 3A4, 2B6 and 2C9. 3A4 1A2 and 2E1

carbamazepine 6-12 μg/ml 3A4, 2B6, 2C8, 2E1, 2C9, 1A2, UGT2B7,

ABCB1 ?2C19 3A4, 1A2, 2B6, 2C8, 2C9,

UGT1A4

clonazepam 20-40 ng/ml 3A4, acetylation

clozapine 350-600 ng/ml 1A2, 3A4, 2D6, 2C9, 2C19, FMO3 2D6c

diazepam 300-400 ng/ml (incl. metabolites) 3C19, 3A4, 2B6, 2C9, glucuronidation

doxepin 50-150 ng/ml 1A2, 2D6, 2C19, 3A4, UGT1A4, UGT1A3 1A2, 2C19, 2D6

fluphenazine 0.5 – 2 ng/ml 2D6a, 1A2 2D6a, 1A2

clopixol >2 ng/ml 2D6

fluvoxamine # 150-300 ngms/ml 2D6, 1A2 1A2a, 2C19a, 2B6b 3A4b, 2D6b, ABCB1

haloperidol 5-17 ng/ml 2D6

lithium 0.5–1.2 mmol/l

lorazepam 10-15 ng/ml UGT2B7, ?other UGTs

olanzapine #

half-life 21-54 mean 30 hrs. 9-25

ngms/ml [32]

100 ngms/ml.

1A2, 1A4 partly by 2D6 and UGT3A4,

UGTs, ABCB1 None known

paliperidone # ? 2D6, 3A4 None known

perphenazine 0.6 – 2.4 ng/ml 2D6, 3A4, 1A2, 2C19 2D6, 1A2

quetiapine # 70-170 ng/ml 3A4, sulfation, ABCB1

risperidone 20-60 ng/ml (including 9-hydroxy) 2D6, 3A4, ABCB1 2D6b

risperidone consta ditto ditto ditto

temazepam UGT2B7,? other UGTs, 2C19, 3A4

valproate 50-100 μg/ml Complex: 2C9, 2C19, 2A6, UGT1A6, 1A9,

2B7 2D6, 2C9, UGTs, 1A4, 1A9, 2B7, 2B15, epoxide

zuclopenthixol 4-50 ngms/ml 2D6 ? 2D6 (European drugs are less well researched than

those used in the U.S.)

Table 1. Drugs metabolic pathways, inducers and inhibitors (of drugs used in these cases) from several sources [30]

a Potent inhibition of enzymatic pathway. b Moderate inhibition c Mild inhibition. Inhibition is also dose-related; mild inhibitors in high doses act as strong inhibitors. # Not licensed for use

in children or adolescents by the United States Food and Drug Administration (FDA) or its Australian equivalent, the Therapeutic Goods Administration, (TGA.

Lucire Y (2018) The effect of CYP450 2D6*4 mutation on medication response: Two cases with different outcomes

Clin Case Studie Rep, 2018 doi: 10.15761/CCSR.1000112 Volume 1(2): 4-8

brain syndromes. Many psychiatric patients are prescribed more than

one drug, with each drug increasing the risk of a pharmacokinetic

interaction. Table 1 shows metabolic pathways inducers and inhibitors,

and it has been brought up to date from primary sources.

There is an argument that patients would benefit from CYP-based

genotyping prior to the prescription of these drugs. Up to 79% of

islanders from around Vanuatu have PM status at 2C19 and around

25% of Caucasians have “diminished metabolism,” at 2D6, and for

them a drug metabolised by that pathway is likely to be or becomes

problematic and might be lethal [33]. East Asians have a 50% prevalence

of the IM gene P2D6*10, as well as up to 35% prevalence of the PM

gene 2C19*2, putting that population at a huge risk from antidepressant

therapy. Testing for CYP450 2D6, 2C19 and 2C9 costs less than $150.

Basic knowledge of the ethnicity-based prevalence of mutations

is essential to counter a common belief among psychiatrists that

worsening depression and suicidality in a patient indicate a lack of

response, and that the patient is therefore a UM. Such reasoning leads

to more and more medication being given. In fact UMs are rare, often

cited in Caucasian populations as 3%.

Most adverse drug reactions occur as a result of simple over-dosing

of genetically normal persons whose cytochrome metabolism has been

inhibited or induced, leading to undesirable bloods levels. There are six

patterns of drug–drug interactions and some are described below [34].

The first effect of making testing available might be to make prescribers

aware that adverse drug events are both explicable and avoidable.

Conditions affecting metabolism include co-prescribed medications

that induce or inhibit the enzymatic pathways, age, nutrition, stress,

liver disease, hormones (natural and extraneous), the sequence in

which medications have been prescribed or taken away, the route of

administration, the range of half-life in any population, the potential for

multiple metabolic pathways, the size of the therapeutic window within

which the drug may be effective and outside of which it is ineffective or

toxic or both, the duration of therapy and duration of inhibition which

may persist after discontinuation [35]. This paper does not deal with the

genetics of transporter and receptor systems.

3A4 is the “workhorse” of the P450 system, which means that

many drugs are substrates of it, and there are many inhibitors and

inducers. There are no PMs but there is 10–30-fold variability in the

efficacy of its functioning. 1A2 metabolises psychiatric drugs and is

induced by tobacco smoking, which also hastens the metabolism of

other psychiatric medicines not known to be metabolised by these

cytochromes. This seems to explain why patients on psychiatric

medications increase their tobacco use: to more quickly metabolise

medicines that have unpleasant or intolerable adverse effects.

Information grows and changes daily. All three are involved in the

metabolism of common antidepressants and antipsychotics [36].

Table 2 is compiled from research done by health insurers Blue

Cross Blue Shield who have found such testing to be cost effective. The

table lists the effects of genetic polymorphisms of CYP450 enzyme genes

on drug metabolism and describes relationships between genotype and

phenotype, as relevant for psychiatric drugs, many of which inhibit the

enzymes required for their metabolism [37-39].

A more useful concept adopted by the Diversity Health Institute

(DHI) at Cumberland Hospital is to describe both PMs and IMs as

having “diminished CYP 450 metabolism”. This is because the inhibition

or absence of one cytochrome may divert into metabolism by others,

which may or may not be available in any given individual. There can

be 1,000% variance in the metabolism of 2D6 drugs between PMs and

UMs and a 30-fold variance in metabolism by the enzyme cytochrome

3A4 [44].

Metaboliser status Metaboliser

status

Metaboliser

status Genotype Phenotype Expected drug effects Prodrug concerns

2D6 2C9 2C19 2D6

PM

(poor) *3, *4,

*4XN,

*5, *6, *7, *8,

*11, *15, *19,

*20, *40

PM

*2 and *3

PM

*2, *3

PM Homozygous or

compound heterozygous

for deficiency alleles.

PM

“Standard” doses may lead

to toxic drug concentrations

and serious adverse reactions,

including suicide and

homicidal behaviours [40].

May not reach therapeutic levels of

active drug, i.e. does not convert

prodrugs into the analgesic morphine, so

they are ineffective. Conversely removal

of a 2D6 inhibitor may lead to rapid

conversion and toxicity and death (the

Heath Ledger phenomenon)

IM (intermediate)

*10, *10XN,

*17, *17XN,

*9, *29, *36,

*41, *41XN

IM

*1 and *2

or *3

or *3/*3

IM

Homozygous for

two reduced activity

enzyme genes alleles

or heterozygous for an

inactive allele and a

reduced activity allele.

These may become PMs or

diminished metabolisers in the

presence of specific inhibitors.

A reduced dose of a single drug

is recommended, and IMs are

unable to metabolise multiple

drugs requiring that pathway.

Higher doses may lead to toxic

levels.

May experience some consequences

of PMs.

EM (extensive)

“wild type”

*1, *2, *35

EM

*1, *1

EM

19*17 [41]

Two copies of active

enzyme gene alleles.

Up to 80% of EMs at 2D6

become PMs in the course

of treatment with strong

inhibitors such as paroxetine

[42], fluoxetine and sertraline

and with mild inhibitors in

high doses.

Standard doses lead to

expected drug concentrations

and response.

Expected response to standard dose.

UM (ultra-rapid)

Only 2D6 has

UMs *AXON,

*2XN,

*35XN

More than two active

copies of active enzyme

gene alleles.

May not reach therapeutic

levels of active drug due to

rapid clearance.

May reach higher than expected

concentrations of active metabolite,

which may cause adverse reactions,

including death from morphine.

Notes: Genotype refers to the genetic makeup of the subject; phenotype refers to the way that the genotype manifests under a variety of conditions [43].

PM = poor metabolizer; IM = intermediate metabolizer; EM = extensive metabolizer; UM = ultrarapid metabolizer. Prodrugs such as tramadol, oxycodone, codeine need to be activated,

i.e. catabolised to morphine by 2D6.

Table 2. Genotypes phenotypes and predictions

Lucire Y (2018) The effect of CYP450 2D6*4 mutation on medication response: Two cases with different outcomes

Clin Case Studie Rep, 2018 doi: 10.15761/CCSR.1000112 Volume 1(2): 5-8

Mutation P450 2D6*4 was found in more than one third of 30

persons tested at the author’s request because they had experienced

severe violent akathisia, suicidal behaviours, homicidal aggression,

behavioural dyscontrol, delirium with hallucinosis, and cognitive

impairment on standard doses of antidepressants (to be reported

elsewhere). The most publicised of these is Melbourne mother and

student Rebekah Beddoe, who published her harrowing account of

three years on antidepressants and antipsychotics, prescribed and coprescribed

by psychiatrists who failed to recognise her problems as side

effects [45].

Drugs relevant to these two cases

Olanzapine

Side effects are listed in each drug’s PI, easily accessible through the

website of the U.S. FDA [46]. PI published in the U.S. is substantially

larger and more detailed than that available in Australia. It categorises

“frequent” adverse events as occurring in at least 1/100 patients,

“infrequent” events as occurring in 1/100 to 1/1000 patients and “rare”

events as occurring in less than 1/1000.

By that standard, in clinical trials that were presented to the U.S.

FDA to get olanzapine licensed, death and suicide on olanzapine

occurred at a rate of 1 in 208, which is “rare.” No deaths occurred on

placebo. Khan et al. counted the suicides in antipsychotic trials 2001

but this paper failed to alert the psychiatric community [47].

A rate of 27% akathisia in a trial of olanzapine 10 mg was balanced

by an equally high incidence of akathisia on placebo [49]. This

indicated that Eli Lilly either did not know what they were talking

about (as akathisia is always a medication-induced phenomenon), or

the participants had not fully recovered from whatever they had been

taking before entry to the trial. This been the subject of successful

litigation for fraudulent promotion of olanzapine, such as USA vs. Eli

Lilly which rewarded the whistleblowers with US$800 million [50].

The half-life of olanzapine ranges from 21 to 54 hours (5th to 95th

percentile; mean of 30 hr), and apparent plasma clearance ranges from

12 to 47 L/hr (5th to 95th percentile; mean of 25 L/hr). This means

that sooner or later more than 50% of users will become toxic on it if

the dose is not reduced. The half-life and clearance of olanzapine varies

among individuals on the basis of smoking, status, gender and age.

According to Eli Lilly Australia the therapeutic window of

olanzapine is 9-25 ngm/ml, but other figures are mentioned elsewhere

[51].

In drug company terms, “frequent” refers to adverse events affecting

more than 10% of users. The following effects are listed in the 2007

Olanzapine PI. (Olanzapine is licensed for bipolar disorder.)

Nervous System — Frequent: abnormal dreams, amnesia,

delusions, emotional lability, euphoria, manic reaction, paresthesia and

schizophrenic reaction;

Infrequent: akinesia, alcohol misuse, antisocial reaction, ataxia, CNS

stimulation, cogwheel rigidity, delirium, dementia, depersonalization,

dysarthria, facial paralysis, hypesthesia, hypokinesia, hypotonia,

incoordination, libido decreased, libido increased, obsessive compulsive

symptoms, phobias, somatization, stimulant misuse, stupor, stuttering,

tardive dyskinesia, vertigo, and withdrawal syndrome;

Rare: circumoral paresthesia, coma, encephalopathy, neuralgia,

neuropathy, nystagmus, paralysis, subarachnoid hemorrhage, and

tobacco misuse.

Australian PI is incomplete, but it does inform that hallucinations

are “very common” (≥ 10%). That is, they occur in more than 1 in 10

users.

Eli Lilly was fined $US 1.42 billion in the United States for criminal

and fraudulent promotion of the drug, with the judge raising the issue

of racketeering [51]. There are many lawsuits, settled and ongoing,

against Eli Lilly by State Attorneys General, as well as class actions for

suicides. With Eli Lilly reaping US $6 billion annually from olanzapine,

these fines and settlements are apparently insufficient to encourage the

company to change its promotional practices and have made no impact

on the behaviour of the company in Australia.

Four major studies (HGAD, E00, HGAJ and E003) were reviewed by

the U.S. FDA for the purpose of establishing the efficacy of olanzapine in

the treatment of chronic schizophrenia (acute exacerbation). According

to the U.S. FDA reviewers, the studies failed to establish any significant

effectiveness for olanzapine. Two thirds of clinical trial subjects dropped

out without completing 6 weeks. Even after they dropped out, 20 died,

12 by suicide. Concomitant drugs were permitted in these trials.

American PI also discloses that 67 of 3,100 subjects (including

a trial rejected by the U.S. FDA) took overdoses of olanzapine, but it

is silent on whether these patients were considered to be suicidal or

confused. As “only one” died (of the overdose) these numbers are put

forward as evidence of olanzapine safety in overdose. However, a courtordered

investigation of Eli Lilly archives disclosed the deaths and

suicides in the five clinical trials that were presented to the US FDA to

get it licensed [52]. The figures are shown in Tables 3 and 4.

One in every 145 clinical trial subjects for risperidone, olanzapine,

quetiapine, and sertindole died, a total of 36 deaths, most by suicide

[53]. Yet these deaths are not mentioned in the scientific literature nor

in PI. These deaths occurred even though two thirds of the olanzapine

subjects, nearly half of the risperidone subjects and 80% of the

quetiapine subjects did not complete the trials because the drugs were

poorly tolerated [54]. A rate of 27% akathisia in a trial of olanzapine 10

mg was reported, balanced by an equally high incidence of akathisia

on placebo [55]. This indicated that Eli Lilly either did not know what

they were talking about (as akathisia is by definition a medicationinduced

phenomenon), or the participants had not fully recovered

from whatever they had been taking before entry to the trial. Serious

adverse events affected 84 subjects who took risperidone.

None of this information appears in promotional material. Indeed,

47 serious adverse events in 87,000 users of olanzapine injectable in

Drug Number of Trial

Subjects Suicides Suicidal Acts

Olanzapine

2500 (5000 started

and did not complete

6-week trials)

12 Not disclosed#

Comparator 810 1 (2) Not disclosed

Placebo 236 0 (1) Not disclosed

# However, U.S. PI (2003) states that 67 subjects out of 3100 overdosed on olanzapine but

does not disclose if these overdoses were due to suicide attempts or delirium, and “only 1

died”.

Table 3. Incidence of suicides and suicide attempts in antipsychotic clinical trials drawn

from U.S. FDA license applications [48]

Drug Patient No. Suicides Suicidal Acts

Risperidone 2607 9 43

Comparator 601 1 5

Placebo 195 0 1

Table 4. Antipsychotic Drugs, FDA Trials: Source FDA, David Healy [64]

Lucire Y (2018) The effect of CYP450 2D6*4 mutation on medication response: Two cases with different outcomes

Clin Case Studie Rep, 2018 doi: 10.15761/CCSR.1000112 Volume 1(2): 6-8

clinical trials included eight deaths. We are assured that the deaths

were not related to the olanzapine but, given the number of suicides

and deaths associated with the oral preparation, this seems to be

improbable. The U.S. FDA issued a “black box” warning about sudden

death from the new antipsychotic medications (including quetiapine

and aripiprazole) but only for the elderly, in spite of evidence that all age

groups are adversely affected [56,57].

Fluvoxamine

Fluvoxamine is metabolised by 2D6 and 1A2. 1A2 is induced

by cannabis and tobacco, so smoking both gives relief from toxicity.

Fluvoxamine is best described as a pan inhibitor as it is a potent

inhibitor of 1A2 and 2C19 and a mild to moderate inhibitor of 2B6,

2C9 and 3A4. Fluvoxamine was used in both A and C with olanzapine,

in the face of advice against this combination in PI.

Fluvoxamine, a CYP1A2 inhibitor, decreases the clearance of

olanzapine. This results in a mean increase in olanzapine Cmax following

fluvoxamine of 54% in female nonsmokers and 77% in male smokers.

The mean increase in olanzapine Area Under the Curve (AUC) is 52%

and 108%, respectively. Lower doses of olanzapine should be considered in

patients receiving concomitant treatment with fluvoxamine.

Fluvoxamine was the drug prescribed to one of the children

who perpetrated the Columbine High School massacre. Most school

massacres have been perpetrated by children taking prescribed

antidepressants or medications for ADHD [58].

The “atypical” antipsychotics: Risperidone and Consta, its

depot

Risperidone is metabolised by 2D6, has a shorter half-life than

olanzapine and may need twice daily administration. In trials presented

to the U.S. FDA, two thirds of subjects did not complete. Those subjects

have never been mentioned in PI or the scientific literature, but this

information is available at http://www.lillytrials.com and was summarised

by Grace Jackson for litigation against Eli Lilly in Alaska [59]. None

of the dropout rates, suicides and attempts is disclosed to prescribers

and patients. As a result, treating doctors, not knowing or expecting

these drugs to be poorly tolerated because they were misinformed

about clinical trials, organise for Mental Health Review Tribunals to

enforce them, by injection, to persons who cannot tolerate them orally,

as happened with Patient C. Coroners, if not willing to examine the

activities of hospitals where they are deployed several times a week, can

create a situation where regulatory agencies cannot be made aware of

this epidemic.

The FDA trials and 52 subsequent studies evaluated in 2000, by

John Geddes of Oxford University demonstrated no clear evidence

that atypical antipsychotics were more effective or better tolerated

than conventional antipsychotics [60]. Thirty-six, that being one in

every 145 clinical trial subjects for Risperdal, Zyprexa, Seroquel,) and

Sertindole died; most by suicide, yet these deaths are never mentioned

in scientific literature or prescriber information. These deaths occurred

even though two thirds of Zyprexa, nearly half the Risperdal and 80%

of Seroquel subjects did not complete the trials because the drugs were

poorly tolerated [61]. A rate of 27% akathisia in a trial of Zyprexa 10 mg

was balanced by an equally high incidence of akathisia on placebo [62].

This indicated that Eli Lilly either did not know what they were talking

about (as akathisia events including suicide and homicide are always a

medication-induced adverse drug event or, alternately, the participants

had not fully recovered from whatever they had been taking before

entry to the trial. Serious adverse events affected 84 subjects who took

Risperdal.

Zuclopenthixol decanoate

Zuclopenthixol depot has been associated with mental health

homicides, but invariably in combination, with other drugs that are

substrates of 2D6, as in the two cases presented here. The author has

personal experience of admitting patients homicidal on zuclopenthixol,

often co-prescribed with antidepressants and atypical (new generation)

antipsychotics. Several reports of this combination causing violent

attacks and homicidal behaviours were dismissed by the MBNSW, and

her report about patient C was turned into a complaint about her. As

did patients C and A here, many were experiencing akathisia, with

homicidal as well as suicidal ideation and acts [63-65].

The half-life of the zuclopenthixol depot preparation is 19 days, so

if it is given fortnightly, toxicity will eventually develop.

Summary

Patients C and A are but two of 48 people from the author’s clinical

and medico legal practice for 2D6, 2C9 and 2C19. Of the people tested,

42 were found to be poor or intermediate metabolizers and the rest

were overmedicated by PI standards. They were tested because they

experienced violent, homicidal and suicidal akathisia on standard

doses of antidepressants; one of them committed suicide, most had

made many attempts and three committed homicide on single doses of

antidepressants after 3 days, 2 weeks and 6 weeks on drugs that genetic

studies showed they could not metabolise; none of these three had a

psychiatric illness before or since, nor any history of violence. Only six

had normal CYP450 cytochromes, but they had either been given large

doses or had inhibitors in play. They had experienced many years of

counterproductive psychiatric treatments.

In the decade a following the introduction of the first of these

drugs, fluoxetine, in 1990, the population under mental health care in

Australia doubled and it has continued to increase. This is reflected in

Australian psychiatry’s vastly increased demands for resources [66].

Many ‘second generation’ drugs have followed this. The treatment of

schizophrenia with new drugs has increased mortality so care needs

to be taken before that diagnosis is applied, along with its remedies

[67-69]. Patients C and A are typical of persons under mental health

care who were not schizophrenic before they used drugs or received

treatment that induced symptoms similar to those of schizophrenia. Yet

testing for CYP450 mutations is available, for $140.00. That is the start

of appropriate personalised medicine.

Cannabis, its metabolites and 2D6

Cannabinols are metabolised by P3A4 and also inhibit it while

inducing 1A2. Sohayla et al. investigated the role of genetic factors in

cannabis dependence (hashish smokers) by CYP 2D6*4 genotyping of

46 habituated volunteers. Their findings suggest that genetic factors may

determine a person’s attraction to the effects of cannabis and other illicit

substances, but the mechanism is not obvious from existing research.

Diminished metaboliser status may cause cannabis to be experienced as

pleasurable, and if so, a propensity to substance-induced mood disorder

is a possibility. Cannabis smokers are said to have a tendency to become

psychotic later in life, but the mechanism is also obscure. Drug clinics

generally yield higher proportions of diminished metabolizers, for

reasons that have not yet been researched.

The common mislabelling of cannabis effects and other toxic

states as schizophrenia mania, major depression or bipolar disorder

Lucire Y (2018) The effect of CYP450 2D6*4 mutation on medication response: Two cases with different outcomes

Clin Case Studie Rep, 2018 doi: 10.15761/CCSR.1000112 Volume 1(2): 7-8

is counterproductive. The diagnostic criteria for all those disorders

contain an exclusion criterion for substance or medication use.

Misdiagnosis of mental and behavioural disorders as being attributable

to psychoactive substance use appears to contribute to the furphy that

cannabis causes schizophrenia.

Clinical prescriptions are available at F10-F19 “Mental and

Behavioural Disorders due to psychoactive substance” of the ICD 10,

still Australia’s official diagnostic system.

Drug clinic and cannabis users

The role of diminished P450 metabolism, specifically 2D6*4,

in cannabis smokers and the prevalence of mutations in drug clinic

populations generally bear further examination. One possibility is

that in diminished metabolism, 2D6 capacity may increase both

the pleasurable effects of cannabis and maybe other drugs and the

tendency to medication-induced psychotic phenomena. It may be that

they are already taking medication and are using cannabis to moderate

it. Suspicion of a high prevalence of diminished metabolizers at 2D6

among cannabis smokers might caution against the use of medicines

demand that substrate.

Misdiagnosis of mental and behavioural disorders due to

psychoactive substance use appears to contribute to the furphy that

cannabis causes schizophrenia.

Although ecological studies report an increase in schizophrenia

and bipolar illness, detailed analysis of such cases suggests that the

population that becomes psychotic on cannabis also develops neurotoxic

syndromes on olanzapine and risperidone, as well as antidepressants,

particularly those metabolised by 2D6.

References

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DC: American Psychiatric Association 1994. And ICD International Statistical

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World Health Organization.

2. DSM-IV-TR® Handbook of differential diagnosis (2007) Ch. 2. Differential diagnosis

by the trees american psychiatric publishing.

3. De Leon, J Scott, Armstrong Cozza, Kl Med-Psych (2006) Drug-drug interactions

update. Clinical guidelines for psychiatrists for the use of pharmacogenetic testing for

CYP450 2D6 and CYP450 2C19 Psychosomatics 47:1.

4. Sachdev P (1995) Akathisia and restless legs, Cambridge University Press. Cambridge.

5. Physicians Desk Reference Oradell New Jersey: Medical Economics Company 2003.

6. Hálfdánarson Ó, Zoëga H, Aagaard L, Bernardo M, Brandt L, et al. (2017)

International trends in antipsychotic use: A study in 16 countries, 2005-2014. Eur

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discontinuation. J Clin Psychiatry 66: 15-27. [Crossref]

9. Zullino DF, Delessert D, Eap CB, Preisig M, Baumann P (2002) Tobacco and cannabis

smoking cessation can lead to intoxication with clozapine or olanzapine. Int Clin

Psychopharmacol 17: 141-143. [Crossref]

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expert group consensus guidelines: therapeutic drug monitoring in psychiatry.

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11. Ingelman-Sundberg M (2005) Genetic polymorphisms of cytochrome P450 2D6

(CYP2D6): clinical consequences, evolutionary aspects and functional diversity.

Review. Pharmacogenomics 5: 6-13.

12. Kaplan HI, Saddock BJ, Freedman AM (1980) Comprehensive textbook of psychiatry.

Baltimore: Wilkins and Wilkins.

13. Diagnostic and statistical manual of mental disorders (DSM-IV) (1994) American

Psychiatric Association. Drug Induced Akathisia.

14. Cannabis is metabolised by 3A4, 2B6 and 2C9. It is an inhibitor of 3A4 and induces

1A2. It remains in the body for up to two years depending on how much was used.

15. Shirley KH, YY Penzak, SR Lam, YWF Spratlin, V Jann MW (2003) Correlation

of cytochrome P450 (CYP) 1A2 activity using caffeine phenotyping and olanzapine

disposition in healthy volunteers. Neuropsychopharmacology 28: 961-966.

16. Cozza KL, Armstrong SC, Oesterheld JR (2003) Drug interaction principles for

medical practice: cytochrome P450s, UGTs, P-Glycoproteins. Arlington, Va, American

Psychiatric Publishing.

17. Refinetti R (1997) Philosophy of science and physiology education. Am J Physiol 272:

S31-35. [Crossref]

18. Hales R, Yudofsky S, Talbot, JA (1999) Textbook of psychiatry. Third ed. Washington

DC: The American Psychiatric Press.

19. Improving the quality use of medicines in Australia: Australian centre for health

research realising the potential of pharmacogenomics (2008).

20. Lazarou J, Pomeranz BH, Corey PN (1998) Incidence of adverse drug reactions in

hospitalized patients: a meta-analysis of prospective studies. JAMA 279: 1200-1205.

[Crossref]

21. Schulte JL (1985) Homicide and suicide associated with akathisia and haloperidol.

American Journal of Forensic Psychiatry 6: 3-7.

22. Healy D, Herxheimer A, Menkes DB (2006) Antidepressants and violence: problems at

the interface of medicine and law. PLoS Med 3: e372. [Crossref]

23. Breggin PR (2003) Suicidality, violence, and mania caused by selective serotonin

reuptake inhibitors: A review and analysis. Ethical Human Sciences & Services 5: 225-

246.

24. Yolande Lucire (2005) New Drugs, New Problems. Australian Journal of Forensic

Sciences 37: 19-25.

25. NSW Mental Health Sentinel Events Committee. Tracking Tragedy: A systemic look at

suicides and homicides amongst mental health inpatients (2004).

26. Healy D, Whitaker C (2003) Antidepressants and suicide: risk-benefit conundrums. J

Psychiatry Neurosci 28: 331-337. [Crossref]

27. Whitaker R (2005) Anatomy of an epidemic: psychiatric drugs and the astonishing

rise of mental illness in America. Ethical human psychology and psychiatry. An

International Journal of Critical Inquiry 7: 23-35.

28. Tanaka E, Hisawa S (1999) Clinically significant pharmacokinetic drug interactions

with psychoactive drugs: antidepressants and antipsychotics and the cytochrome P450

system. Journal of Clinical Pharmacy & Therapeutics 24: 7-16.

29. Oesterheld, JR Cozza, K Armstrong SC, Neil B Sandson (2007) Drug-drug interactions:

a compendium of case vignettes for the practicing clinician. American Psychiatric

Publishing

30. Letter from Eli Lilly Australia, cf Bauman, opp cit.

31. Communiqué: mayo reference services. Cytochrome P450 enzyme genotyping:

optimizing patient care through pharmacogentics. September 2005.

32. Armstrong SC, Cozza KL, Sandson NB (2003) Six patterns of drug-drug interactions.

Psychosomatics 44: 255-258. [Crossref]

33. http://medicine.iupui.edu/flockhart/table.htm; and http://www.pharmgkb.org

34. Sandson NB (2007) Drug-drug interactions primer. A compendium of vignettes for the

practicing clinician. American Psychiatric Press.

35. Blue Cross Blue Shield Association (2004) Special report: genotyping for cytochrome

P450 polymorphisms to determine drug-metabolizer status. Technology Assessment

Program 19: 1-34.

36. https://www.labcorp.com/pdf/Cytochrome_P450_2C9_LabCapsule.pdf

37. https://www.labcorp.com/pdf/gen_Cytochrome_P450_2C9_LabCapsule.pdf

38. Cassidy vs. Eli Lilly http://www.prozactruth.com/prozaccases.htm also http://www.

namiscc.org/News/2002/Fall/ProzacSuitSettled.htm

39. Wynn GH, Oesterheld, JR Cozza, K, Armstrong SC (2009) Clinical Manual of Drug

Interaction Principles for Medical Practice. American Psychiatric Publishing Inc.

40. Zourkova A, Hadasova E (2003) Paroxetine-induced conversion of cytochrome P450

2D6 phenotype and occurence of adverse effects. General Physiology & Biophysics

22: 103-113.

Lucire Y (2018) The effect of CYP450 2D6*4 mutation on medication response: Two cases with different outcomes

Clin Case Studie Rep, 2018 doi: 10.15761/CCSR.1000112 Volume 1(2): 8-8

To: ZB
Cc: PALS(LPT) (LINCOLNSHIRE PARTNERSHIP NHS FOUNDATION TRUST)
Subject: FW: Endocrinologist

Dear Z

Being deprived of meaningful contact with my daughter through her not having any section 17 leave which has been avoided for months on end – there is no greater punishment than that.  It is in effect having a drastic effect on my physical health.

Knowing my daughter is getting no better and never will under Ash Villa and held a prisoner in bed most of the day is heartbreaking.

It is hard knowing the true reality that we should never ever have come to this area where I wanted so much to provide the right living accommodation and support in the community.   That clearly is not happening and never will because it costs £4000 thereabouts to hold my daughter under Ash Villa a prisoner.   She will never get off the section whilst staff write negatively and constantly do so and all the time my daughter is lying there in bed during the day and becoming weaker and weaker physically.  Mentally she has capacity and is sharing information with me which I then share with the rest of the family in accordance with her wishes.

I do not expect a penny or any support from this area.   Such restrictive punishment in deprival of Section 17 leave is not conducive to recovery and is having a knock-on effect to my physical health and is of great upset to all my family.

My daughter was not seen as a risk to others in the former area otherwise she would not have been released without a Section in place.  She was also complying with treatment.

Regards

Susan Bevis

From: ZB
Sent: 19 May 2022 16:00
To: susan bevis
Subject: Meeting Points.

Hi Susan

Please see meeting notes from todays meeting.

  • S17 leave has not changed and remains at 2 x 30 minutes ground leave escorted by 2 members of staff.
  • Risk was explained regarding why E …… is escorted by 2 x members of staff.
  • Nursing advised that Elizabeth does see her advocate on a one to one basis however Elizabeth has refused from time to time.
  • Dr S advised the a consultant would be available next week to be involved in the meetings.
  • We discussed Takeaways and how these are becoming more frequent.
  • That you would like some inclusion.
  • You was offered invitations to Carers support groups and you refused these.
  • You would like to continue with the weekly meeting with a consultant.
  • You wish to visit on a Saturday @14.00

I will look at booking next weeks appointment and forwards to you in due course.

Kind regards

ZB

Ash Villa

Sleaford

NG34 8QA

ZB

Working hours Monday to Friday 09.00-17.00 pm

From: B
Sent: 16 May 2022 18:05
To: susanb255

Subject: Re: stress induced psychosis

Susan

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.

B

Susan

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.

B  

From: : ZB 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

ZB

Ash Villa

Sleaford

NG34 8QA

Email: ZB Friday 09.00-17.00 pm

From: ZB
Sent: 10 May 2022 11:45
To: susan bevis
Subject: RE: EB

Good afternoon susan

To be clear Elizabeth does not have unlimited ground leave  ground leave is 2 x 30 minutes a week

However we have a locked garden which elizabeth can access this does not fall under leave.

Hope this clarifies for you.

Kind regards

ZB

Ash Villa

Sleaford

NG34 8QA

Email: ZB Working hours Monday to Friday 09.00-17.00 pm

From: ZB
Sent: 09 May 2022 16:22
To: susan bevis
Subject: EB

Hi Susan

Thank you for your email.

To be clear on the garden, we have a private garden on the grounds and Elizabeth has full use of them when ever she wishes to have some fresh air.

This has been mentions on a couple of occasions.

As you are aware Elizabeth is held on a section 3, this went to tribunal and was upheld.

The professionals in the meeting have agreed this is the right things for Elizabeth at this point in her recovery.

All next possible steps will be considered for Elizabeth moving forwards.

Kind regards

ZB

Ash Villa

Sleaford

NG34 8QA

Email: ZB

Working hours Monday to Friday 09.00-17.00 pm

From: B Sent: Saturday, May 7, 2022 8:21:34 PM
To: susanb
Subject: Re: Negligence

Susan

There is no tangible reason why Elizabeth cannot be given s.17 leave and the refusal to allow her some respite form permenant 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.  I am quite prepared to help you put together a case if Elizabeth agrees.  The matter needs taking to the High Court on the grounds they are acting ultra vires.

This circumvents the institutional bias of the tribunals and involved decisions based on well establish law rather than the convenience of the staff at Ash Villa.  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.

B  

—–Original Message—–
From: susan bevis <susanb
To: B
Sent: Sat, 7 May 2022 18:32
Subject: RE: Negligence

I will try and do that tomorrow but doubt this will be allowed.  They are totally avoiding the issue of leave.  One doctor after another.  I am not racist but they seem to be and do not seem to care one bit.  I have not spoken to elizabeth for several days.  Cannot get through on the phone.

What they are trying to do is isolate and keep her away from her family as they have their own agenda clearly and none of us agree with that.  Why should my daughter have to go to another locked prison instead of coming home in accordance with her wishes.

This area is an absolute disgrace when it comes to mental health and the facilities are not fit for purpose.

I thought Enfield was bad enough.  Elizabeth has been held now a prisoner deprived of contact and leave now since September.

Regards

Susan

PTSD and Complex PTSD can seriously affect the default mode network in the brain and cause faulty neuronal connections that can lead to psychotic symptoms.  The failure to perceive this as an injury rather than a disease causes bio-psychiatrists to employ medications that cause further injury to this complex structure of inter brain communication, which consequently causes cognitive dysfunction and psychosis.  

Bob Johnson has focused on this and the concomitant decreases in oxygenated blood in the brain.  

Neuroleptics will not treat PTSD but merely depress the more florid symptoms of it.  The problem is that they also cause the disruption in the DMN to get worse.

Bob’s comments on the effects in Broca’s area of the brain is fascinating.  This is the centre for language processing and damage there might account for the word fixation that is seen in some patients incorrectly diagnosed as psychotic.  

“Dr Richard Ngomba and I are also looking into disruptions in the mesocortical pathways potentially caused by brain inflammation.”  Decreases in oxygenated blood may well cause the triggering of inflammation in the temporal horn.    We saw in Martin Harrow’s study that neuroleptics have caused a marked decrease in cognitive function in patients prescribed these drugs long term.   Precisely what you would expect in patients with damage to neural pathways (mesocortical pathways) 

Professor Roderick Orner, who is an international authority on complex PTSD is in our research group.  

Subject: What is complex PTSD? – Mind

https://www.mind.org.uk/information-support/types-of-mental-health-problems/post-traumatic-stress-disorder-ptsd-and-complex-ptsd/complex-ptsd/


Disruption in the default mode network (DMN) has been implicated in numerous neuropsychiatric disorders, including posttraumatic stress disorder (PTSD).

My work has focussed on trauma recall.
This is blocked 100% in severe, untreated cases.
If the DMN is “autonomic’, then it is less significant clinically, than
voluntary, or insight driven cerebral
activity.

DMN abnormalities in patients with severe PTSD symptoms
are characterized by decreased overall inter connections.
Absolutely – but especially, as mentioned in Broca’s area, and the
frontal cortex. Decrease is an understatement – the blank look on the
faces is underpinned by Kolk’s PET scans when trauma tapes are played.

Those decreased interconnections are another potential reason why
patients incorrectly diagnosed with psychosis who are actually suffering
from PTSD are treatment refractive.
2 points –(1) beneath every psychotic symptom I have examined, there is a
fiercely blocked trauma. In one transcribed dialogue a 40 year old
verbalises the difficulty she has thinking. PTSD in spades.
(2) If the treatment envisaged is neuroleptics, then, as Harrow showed,
it makes things worse. In my view it does this by blocking even the
beginnings of reactivation of frontal cortical blockage, which is intimately
linked to Broca. Drug induced zombies cannot begin to pull themselves
together.

The decreased interactions will interfere with the uptake of psychopharmaceutical medications by creating an effective block in neurotransmitter receptors in the mesocortical pathways.
Is the assumption here that better uptake is clinically beneficial? Clinical
evidence does not support this, though bio-psychiatrists swear by it.
And, yes, the blockages noted by Kolk were arterial, oxygen supply related, I
imagine, which implies the whole frontal area shows decreased activity.
DR Bob Johnson Page 2 of 2 Your 6 points – 1MAY22

New Responsible Clinician Dr S I

Responsible Clinician Dr H M S

Ward Manager A B

Carers Rep ZB

Dr I has only recently taken over from Dr S and Ward Round is changed to Thursdays.

Last weekend’s visit followed everywhere by two members of staff all around the grounds.

CCTV installed outside Elizabeth’s room.

Still waiting to hear from MHA Office Manager regarding link to Tribunal as Elizabeth wants me to attend.

Have requested CCTV footage from FREEDOM Fire and Security regarding alleged assault in grounds whilst standing next to CCTV cameras on 3 April. FOI request also submitted to Trust Records. Still waiting to hear.

Turned to Adults safeguarding as most concerned regarding Elizabeth’s welfare re lack of exercise and fresh air and also now possible cancer on waiting list for Oncology when I could have provided the necessary tests privately.

Paid £38 for chiropodist to visit Ash Villa as Ash Villa cannot cater for this leaving patients in pain.

From: ZB
Sent: Friday, April 8, 2022 4:49:43 PM
To: susan bevis <susanb255@outlook.com>
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

ZB

Carer Champion

Ash Villa

Sleaford

NG34 8QA

Working hours Monday to Friday 09.00-17.00 pm

The Visits are barely worth coming to flanked by two members of staff. Vicious threats to arrest me for assault on a member of staff. My daughter’s complaints to CQC not dealt with.

An inspection urgently needs to take place at Ash Villa Lincolnshire Partnership Trust.

MY DAUGHTER IS BEING ABUSED BY THIS HOSPITAL AND HER LIFE IS PUT AT RISK. IT IS HEARTBREAKING THAT SUCH PROFESSIONALS WORKING WITHIN THE NHS CAN GET AWAY WITH SUCH CRUELTY AND NOTHING IS DONE ABOUT IT.

THIS IS PUNISHMENT NOT FIT FOR PRISON