The court case that did not go ahead as although I did object to S2 I knew how hopeless it is to even comment but without comment or signature on documentation it was wrongfully assumed that I as NR objected to S3. My following comments show why there is a great need for reform under the MHA.
MB AMHP (Claimant) and E Bevis (Defendant) (By her Litigation friend, not yet appointed) In Lincoln County Court in the Matter of the MHA 1983
The litigation Friends were completely and utterly ignored in this matter.
No sooner had we arrived in Lincolnshire my efforts in trying to get a continuation of treatment in the community were failed by the NHS and instead of helping AMHP’s from Gervas House Long Leys Road Lincoln sectioned Elizabeth instead of assisting in getting treatment in the community ongoing for which I am being accused by various professionals of stopping/encouraging her to stop so the emphasis needs to be on what the role of such professionals should be in my opinion instead of bullying and threatening court action against you. As everything I had tried came to nothing, all that was needed was for the treatment to be ongoing – continuation of care and not sectioning lasting months on end and bullying by way of displacement.
The legal documents included a report AMHP by RM (a senior AMHP), First Tier Tribunal Decisions (I was not included in this Tribunal) a clinical assessment and risk framework plus Medical recommendation by Dr Ismail and Dr Turabee and AMHP Margaret Biddles.
This cost £332 to produce the paperwork issued on 20 October 2021.
Does your claim include any issues under the Human Rights Act 1998 and the box ticked in yes – lol! What Human Rights Act are evident under MH? That is a joke as they most certainly do not exist under MH and Lincolnshire Partnership Trust is a good example.
On document A1 there are lies and accusations that I avoided the AHMP with an assumption I disagreed with S3 because I had not agreed to Section 2 which went ahead anyway regardless. We had just moved and all I wanted was for the treatment to be continued in the new area. I had a letter from the former area and discharge note pointing to all physical health conditions. The Clopixol Depot was being reduced slowly and gradually by the former area and all I wanted was for this to be put in place. Paperwork was dated 20 October 2021, Section 2 ended 21 October 2021. Due to pressing time restriction the Claimant files this application to displace the Nearest Relative under Section 29 (3) (c) urgently. By filing the Application under S29 (4) the Act deems the current S3 detention will be automatically extended until such time that this application is finally disposed of by the Court. Statement of Truth is signed by Kyla Bailey Legal Representative of Lincolnshire Legal Services.
We had only just moved, had poor internet connection, we could not move into the house straight away as services not up and running. Despite this all I made every effort to get treatment in place and if this had been done there would have been no need for sectioning.
They turned up at the house unannounced so I was told but I in the shower, was already late and had to rush out to college. I did not know they were coming. They assumed I was avoiding them and that I disagreed with Section 3 and so immediately instructed their legal team to take action at a cost of £332 (court fee deducted from their PBA Account) Instead of sending the S3 papers by email or post, Had I have received them miscommunication and false assumptions would have been avoided. Their behaviour amounted to harrassment even hanging around and watching the house and noting a car had left. I had to be in college by a certain time and their visit was unnanounced. Instead of taking such heavy handed approach surely their role should be one of caring but sadly it is not. I cannot see any compassion in these people from shocking past experience of a previous area but so hoped that in the new area things would be better.
CHARLESWORTH WARD LINCOLN HOSPITAL SAFEGUARDING CONCERNS TOWARDS MOTHER SUSAN BEVIS Dr Ismail RC
After waiting in A&E Lough virtually all night to see a Doctor who failed to arrive eventually an ambulance came. I was told I could not accompany Elizabeth – they just took her away and sectioned her without any regard to the efforts I had made in just trying to get necessary treatment up and running in the community like before. Our move had turned into a disaster. I was advised by an expert to call 111 who advised A&E but instead of necessary help so that Elizabeth could have returned home immediately she was sectioned and it was obviously too complicated for the NHS to provide continuity of care in the new area. It was devastating, they just took her away, refused me accompanying her and then made her subject to yet more torture on locked acute wards but if they had read the notes properly they would have seen the discharge note and letter from former area detailing the reduction plan off the clopixol depot by the CMHRT RC.
Elizabeth sectioned to Charlesworth Ward Lincoln whose nursing staff accused me of all kinds of things ranging from neglect, incapabilities and psychologically controlling/abusing my daughter. As a carers rep who has a DBS I had to notify certain others that I was under safeguarding and they offered me support. I called for a S42 but this was never forthcoming then was told that the safeguarding had been dropped as I complained about this. The court bundle amounted to many pages but I am only going to feature some of it to reveal what is going on that I feel needs to be changed in the current system not fit for purpose.
On C1 of the court papers several errors: My daughter’s name spelt wrongly and GP Surgery completely wrong. It is bad for such errors to appear in court papers which should be accurate. More mistakes on P2 of 10 C2, name spelt wrongly and false reporting that she tried to commit suicide two days prior to sectioning which would have been whilst staying with me at a local guest house for which we had no end of witnesses. Even more errors appear on C3 3 of 10 “In Enfield she was supported by a range of services and lived in supported accommodation. That is not true in the slightest bit. There was not a scrap of care in place in Enfield apart from the fortnightly depot which was being reduced and she was not living in supported accommodation but an independent flat. I have been labelled as someone coercive and controlling towards my daughter and that I repeatedly phoned MH Liaison to find out the situation which is far from true. If this Hannah mentioned is the duty worker from former area of ECRHT who recommended the MHA assessment she is well known to us as a family and in the files reported in the most nasty and shocking manner then ENFIELD COMMUNITY REHAB TEAM tried to force return Elizabeth to Phoenix House Care Home by depriving her with drugs in our local area for four days. I kept an accurate diary of everything and took Elizabeth to Harley Street. Hannah would have been one of the AMHPs who came to the family home reporting nastily for the purposes of CoP.
Elizabeth was 6 days without the depot in the new area when I desperately sought help as I did not want her to go downhill but instead we got bullied again.
Documented in these court papers Elizabeth had explained she was Autistic and needed someone to talk to like a psychologist but all they thought about was medication but having said that, only a continuation of treatment as before was needed which was being reduced down anyway by our former area. The letter detailing that was given to the GP and MH services. Elizabeth stated she was not mentally ill and that her problems were physical – she is correct. Elizabeth also said she had been misdiagnosed in the past.
I am accused under C7 that I am “unable to see the inconsistency of requiring a depot if she believes Elizabeth has no MH problems.” I would comment that I tried to get the drugs up and running but her discharge note pointed to abnormalities on a scan twice and CNS Central Nervous System. No mention of mental illness so wanted this to be looked into.
The Report was written by Senior practitioner Robert Mansfield of Adult Emergency Duty Team and concludes that there was no viable alternative to an admission to restart her medication – well if this was so then now what excuse is there to this day then that still nothing in the community provided to continue this treatment as in the former area???
EXTRACTS FROM THE FIRST TIER TRIBUNAL REPORT “The patient shall not be discharged from liability to be detained. Featuring evidence from Dr Ismail RC, Nurse A Skelton and Ms Awosanya.
I was accused of weaning Elizabeth off Aripiprazole and this is not correct. This is a blatent lie.
They cut and past reports from previous area full of inaccuracy and lies. the subject of a family complaint where nothing had been done to make relevant corrections.
Most disturbing is the allegation that Elizabeth tried to take her life which would have been whilst in my company two days prior to admission. That is an absolute lie. It then goes on to say there were witnesses but they were not able to tell us what that attempt involved. Why put such blatent lies in court papers?
We were booked in a lovely little guest house just around the corner where Elizabeth was fascinated by the birds and animals therein. Elizabeth was happy and looking forward to a fresh start as I was after years of bullying under Enfield. We can soon verify such lies.
The report continues stating she was expressing ideas of suicide when Elizabeth was truly happy to have moved and to be starting afresh. The report says she wants to return living with her mother that she has the physical condition of PCOS and neurological condition of autism and has balance problems. She agreed to accept visits by a new MH team in the community but preferred tablet form to depot
One nurse who failed to comment in the same negative mannerism, Ms Awosanya, refused to express agreement about the need for detention. Well maybe Ms Awosanya observed things in the correct manner unlike everyone else but was criticised for her differing views.
The tribunal decision concluded the patient has a mental disorder and that the RC’s evidence was not contradicted by any other evidence – pity as if I had been invited I would have provided abundance of such evidence by way of file paperwork/reports. They then state Elizabeth lacked insight labelling her condition to be a disorder and blaming – “mother’s attitude to be cause of exacerbation of her disorder”. Also mentioned was a severe physical health condition (IC) that Elizabeth was noticed to have at this acute dormitory-style ward.
Nurse Skelton’s evidence:
Nurse Skelton commented on diet and that on her shift there was an occasion where Elizabeth had several takeaways in addition to hospital food for which I was blamed. I telephoned Nurse Skelton who denied writing any of this and she blamed admin staff for notes under her name. Nurse Skelton had stated “on one occasion several takeaways turned up” however none of them came from me but this shows Elizabeth has capacity to order what she wants as I had refused to buy a takeaway stating only one a week was allowed on that ward. Elizabeth managed to get the takeaways through others. As usual I was blamed. Nurse Skelton assumed wrongly that her dietary concerns towards me would continue with risk to Elizabeth’s physical health if allowed in my company (IF SHE WERE NOT DETAINED) and in the community. Well this shows lack of insight and wrong assumptions on her part. When I phoned she completely denied writing such comments so who did in that case? They are done to discredit you and portray you in a detrimental light to the court in other words making out you are unfit as a mother which is really nasty. Who would think I would be reading these defamatory comments against me in the tribunal papers prepared by “professionals” for a tribunal I was not even included in. Also, because of Elizabeth’s physical health condition associated as a side effect of the current prescribed drugs (IC) that by releasing her from section this condition warranted nursing care and support. Well that doesn’t bother me as I did this all for my father with Alzheimers previously and he lived in the community for many years but died as a result of care meant for respite. Even more false allegations about the attempted suicide which would have been in my company prior to admission – what a pack of lies! Another reason or rather excuse for non-release was safety concerns and inadequacy of mother in addressing anything mentioned above whether it be diet, IC, my whole personality slated by strangers including this nurse that Elizabeth would be risk to family and healthcare workers. If Nurse Skelton or whoever wrote these notes bothered to look into matters properly they would have seen that Elizabeth was released into the community without being on any section and was compliant with medication and living in independent flat in the community without a scrap of support apart from that given by her mother who used to visit every single day on her own. They simply haven’t got a clue and just write assuming things and if only there was something good in this area like Open Dialogue, none of these assumptions, allegations and false reporting would be evident in court papers. It makes me sick the constant mention of lack of insight towards Elizabeth and myself when it is the professionals themselves who lack insight and have no understanding into LD or autism or in communication
They wanted to carry out DASH assessments when I have no concerns. Obviously I sought help in getting treatment continued and realise that someone can go downhill if a steep reduction which is nothing to do with a relapse of mental illness but withdrawal syndrome. It states she was happy in the dormitory accommodation but only with a couple of people sharing. However they had to move her from one end of the dormitory accommodation to the other and then put her in a side room so that was not the case. She could not stand the noise and has sensory issues. She then expressed her wish to come home to Dr Ismail.
Then the report goes on to say “unkempt, hair unwashed, clothes unwashed and dirty, poor insight, fixated stare – answered questions with one word – quiet and reserved and presented as agitated and frustrated with questions being asked.
I am saddened at reading what these so called professionals have presented before a court by copying and pasting reports and alleged incidents from former area going as far back as 2008, all of this done to discredit both patient and relative and ensure that someone is detained in hospital for a long time and punished in this way.
It says in 2008 she broke a window with a chair – pack of lies.
Numerous criticism of inappropriate behaviour going back to 2008
They report she was charged with GBH – another pack of lies. No she wasn’t.
Caused extensive damage to a caravan – ANOTHER PACK OF LIES LINCOLNSHIRE PARTNERSHIP TRUST.
Offence of rape – I am finding it hard not to use inappropriate language on this blog as this is getting worse. What a lie!
Jumped over a desk at her GP Surgery. Oh no she did not – she pulled the phones out of their sockets and did not cause extensive damage as when I called to offer to pay I was told there was no damage. Elizabeth wanted an MRI scan in an open scanner and it was the height of lockdown. I was trying to sort this out privately for her myself at the time.
They have dug out every bit of dirt to discredit myself/my daughter to make us out to be bad and inadequate, none of the alleged events documented correctly – many either did not occur or are blown out of all proportion to justify longer detention and make someone look like some inhumane monster when those who are in such profession should be kind, caring and compassionate are clearly not so from what I have just read.
Under Lincoln Hospital’s facility we had little contact with Elizabeth except for a couple of visits supervised, only 2 x 30 minutes escorted leave given to Elizabeth in noisy unsuitable environment.
Oh my God they have not finished yet – the report goes on to describe other very nasty things and she has never been suicidal except felt that way whilst under the so called “care” of an inpatient setting where it was so unbearably noisy Elizabeth said she was so distressed she tried to gouge her eyes out.
The facility at Lincoln Hospital is not fit for purpose for someone who has sensory issues. They had to move her to a side ward.
They say she has a previous diagnosis of schizophrenia.
The meaning of the word “Abuse” to my daughter is the refusal of a takeaway or it could be a simple disagreement but professionals blow things out of all proportion leading to safeguarding which I personally would welcome. I believe safeguarding to be in progress at Ash Villa going on behind my back as this would explain the very restrictive current visiting rights and that is why it is important to investigate holding a Section 42 meeting which I have requested many times. What is so bad is the safeguarding is going on in secret behind my back so I believe. I too have safeguarding issues myself so all such issues should be discussed at a S42 meeting. Throughout the report Elizabeth states she wanted to come home but this has just not been listened to and we have witnessed the worst restrictive treatment and breach in human rights ever encountered under Lincolnshire Partnership Trust.
Nurse Skelton’s Referral Details
Hostage taking and stalking – what a pack of lies!
Under Section 2 she was forcibly restrained and administered with depot. “Doctor thought this was best”.
Copying and pasting of reports going back to 2003???? drowning in the sink ????? Oh come on now!
Incidents completely wrongly reported and discrepancies in line with dates – just copying and pasting erroneous records from former area’s notes without checking for accuracy.
On page C34 last para completely wrongly reported and was not charged – please get things right before presenting absolute rubbish before the court.
More rubbish on Page C35.
She did call emergency services and thought the Police were her friends and the ambulance drivers and crew. She used to sing and play her guitar to the Police and ambulance drivers who I would thoroughly commend for their kindness, understanding and compassion unlike brutal MH professionals. She kept phoning them as she was lonely and had nothing to do in the community – nothing was provided.
The relationship between us is not volatile but there wereproblems when Elizabeth stopped the drugs “cold turkey” and so I would agree that a slow gradual reduction plan is therefore necessary but the problem is the NHS have never helped with such reduction plan prior to most recently in the former local area.
Having read nasty vile comments from various professionals who do not know us I want to say in defence of my daughter she loves animals, she is fascinated by pigeons in particular. She has received the most apalling treatment under the NHS and been sent to some absolutely dreadful places. It is no wonder she has complex PTSD and traumatised. She has suffered extensive abuse but none of this appears in any of these court papers other than intent to cowardly portraying us both in the most nasty manner you can imagine. We moved to try to provide the right environment but instead of help to get treatment ongoing we were faced with bullying yet again. I wish now I had sought private help instead of turn to the brutal NHS.
Charlesworth Ward had Safeguarding concerns regarding me as Mother.
Seems like Ash Villa also have Safeguarding Concerns.
Well I too have safeguarding concerns about my daughter and I have reported these to Adult Social Services yesterday.
I never even commented regarding S3 but they assumed objection and went for me by displacement of nearest relative and my blog documents the rubbish and lies produced before a court when such professionals think it best interest to get rid of the nearest relative without even obtaining proof of objection officially in writing. They assumed that I would object so just went for displacement. The abuse allegations were no doubt because I refused to buy a takeaway yet this is what I am being accused of by Nurse Skelton or whoever wrote those comments. Elizabeth said she would be reporting me for the refusal but showed full capacity in managing to get three takeaways in one day for which I was blamed.
Included in all this paperwork amounting to about 50 pages is a copy of the MHA 1983 “Compulsory Admission to Hospital and Guardianship Procedure for Hospital admission”. Sadly the law is supposed to protect vulnerable people like my daughter but it is not protecting them at all and with Corona Virus human rights have vanished and there is even more abuse going on behind closed doors.
I have received a letter amongst this paperwork from Legal Services Lincolnshire County Offices Newland Lincoln LN1 1YS. It says “as NR you had the ability to sign the papers for that second detention which would be under S3 of the MHA and would allow her to remain in hospital for up to 6 months”. Well actually I didn’t because the papers were not left or put through my letter box or sent by email or post.
“You have reasons to object to the continued detention of Elizabeth as you do not believe she has a mental health illness. I understand you have expressed your objection to Section 3 and have exercised your right as NR to make that objection.” No again because I did not receive any paperwork to object to S3 in order that I could either way make a decision as NR so do NOT make any assumptions therefore. The mental health illness my daughter has is trauma (complex PTSD) from years of abuse not by myself or her family but by professionals and others and she was a rape victim under care said to be consensual. This has only just been recognised because I obtained the files from Elysium. Yes you are right there are substantial underlying physical health problems that are not a figment of my imagination but fact and again I have the files to prove this as I had private tests done by doctors.
“As a result the legal position is that the approved mental health practitioner decided to instruct the legal team at the Lincolnshire Council Council (me) to file an application to the local Court asking for you to be displaced as the Nearest Relative for Elizabeth and to name the local authority (Lincolnshire County Council) as the nearest relative in place of yourself. ” So why did you not look into matters properly and see that in 2017 there was a case at Royal Courts of Justice where I represented myself. It was decided that it was a CONFLICT OF INTEREST FOR THE LOCAL AUTHORITY TO BE THE NEAREST RELATIVE. I was complimented by the Judge by the vast amount of evidence I gave to show how the Local Authority nominated NR who had tried to say that the rape and abuse of my daughter under Moti Villa was consensual WOULD NOT MAKE A GOOD NEAREST RELATIVE and when I saw who it was and had read all her nasty comments about me I decided to write corrections to everything and represent myself in court. There was so many mistakes in the court papers I had to re-do the reports to the County Court from the AMHP from scratch, correct everything before I even got started on my own reports. I did a good job of it to the point that Solicitors representing them could not tell the reports apart from their own due to me even copying their logo. The first Hearing took place without me, as I was given the wrong court details but I had the best experience of all meeting Lady Justice Roberts who went out of her way to help me as nothing was listed and I was not given the information correctly so a second hearing took place. The Judge quite rightly said he would like to meet Elizabeth to hear her views. It is a pity that AMHPS do not listen and treat vulnerable people, their carers and family with respect. instead they act in an intimidating threatening manner. An independent capacity assessment followed by a wonderful psychiatrist who confirmed Elizabeth had capacity. I only backed out when threatened with £5000 by Enfield’s Legal Services for their costs. However I enjoyed the experience of representing myself in court and exposing inaccuracies and lies in the reports. As you can see it is very wrong of you to replace me with someone from the Local Authority due to conflict of interest.
By doing this and filing the application papers at the Court which we have done on 20 October 2021 this then gave the hospital legal powers to continue to treat Elizabeth under S2 MHA and keep her safe
Safe???? What safety – to put someone on a dormitory not fit for purpose ward who has sensory issues is FAR FROM SAFE isn’t it!
I am not going to feature this all but the letter addressed to me is from Kyla Bailey (Lawyer) For Legal Services Lincolnshire. My daughter – first defendant, myself noted as second defendant. This is not the first time I have had to read such painful comments amounting to bullying and the reason staff play on confidentiality is to conceal what they write about you behind your back all geared to failing court hearings. This is just one example.
I have previously said I did not want a battle against professionals in the new area and hoped we could start again afresh but this has not been possible. To begin with I was impressed with the carers network. I liked the people here in my area which still stands but I was hoping that we would be looked upon afresh and not judged by file notes originating from the former area.
In the former area they were just starting to take her physical health seriously and there were no end of physical health appointments arranged.
Unfortunately now stuck on a MH ward physical health is disregarded even when you discover the most wonderful research done by none other than the doctor in charge this is denied. Physical health under MH in Lincolnshire Partnership Trust is denied in terms of a patient having appointments and not being allowed to attend.
Only observations are relied upon not scans which are considered irrelevant even when it is stated “abnormal findings on a scan” twice. I have even offered to pay for such scans.
As for the AHMP department I am totally disappointed. I am not even asking for anything provided except for the very basics and that is for her “treatment” of the depot to be continued as it was in the former area taking note that it was being reduced. What is so unreasonable in that and why spend hundreds and thousands of pounds of public money on taking people like me to court and slagging them off behind their backs treating them like criminals.
Lincolnshire County Council “Working for a better future”
A better future can only be obtained if there is honesty and transparency along with compassion – Open Dialogue is first and foremost the only answer towards working for a better future.