Thanks Sara. I had an email from Paul Bowen (a QC at Doughty Chambers, with a huge amount of knowledge about this area of law) with some important information about the investigation process. It might be worth passing on to any lawyers who are involved. In essence, when people die in prison or police cells, there is an *independent* investigation, but the same is not true of health settings – including where people are detained under the MHA. The first two stages are investigated by the very Trust in whose care the patient died, and then the third stage will be commissioned by the NHS Commissioning Board, NHS England. Paul says ‘The 2005 Guidance states that a Stage 3 investigation should be carried out ‘when it is necessary to comply with the State’s obligations under Article 2 of the European Convention on Human Rights’ (page 1). In practice, however, there have been virtually no such independent investigations.’ Paul is currently involved in bringing a judicial review to challenge the failure to conduct an independent investigation. If you want, I can forward his email on to you, or he would be more than happy to speak with you, if you want information about how to request an independent investigation from the outset.
ALLEDGEDLY! My son also died in a bath whilst detained “for his own safety” but no investigation , no police, no weapon, NOTHING!! Just possessions sent back in a black bin liner marked “NHS Household Waste” and key documents withheld from Coroners Inquest. Of course having no knowledge of systems I trusted justice would be done. How wrong I was! I now know far more than ever knew and intend to use my knowledge to help others! I gave verbal and written evidence to the Health Select Committee for their inquiry into Complaints and Litigation and despite findings http://www.parliament.uk/business/committees/committees-a-z/commons-select/health-committee/news/11-06-28-clreoprt-substantive-/ and to date nothing appears to be happening!
PHSO refuses to accept HSC recommendation for “complete role overhaul” and as this is dependent on whether an effective appeals process can be offered ….seems thats a failure too! PHSO also refused to investigate this as “not enough notes and “no worthwhile outcome” I offered to feed into Baroness Fritchie’s Review but was advised I was restricted as to what I could discuss aka my sons death and my complaint! I refused and have since been “closed down” with “case remain closed!” Just have to look at this to realise its a common practice it seems! https://www.whatdotheyknow.com/request/advisers_qualifications_for_case
mydaftlife 
Thanks Sara. I had an email from Paul Bowen (a QC at Doughty Chambers, with a huge amount of knowledge about this area of law) with some important information about the investigation process. It might be worth passing on to any lawyers who are involved. In essence, when people die in prison or police cells, there is an *independent* investigation, but the same is not true of health settings – including where people are detained under the MHA. The first two stages are investigated by the very Trust in whose care the patient died, and then the third stage will be commissioned by the NHS Commissioning Board, NHS England. Paul says ‘The 2005 Guidance states that a Stage 3 investigation should be carried out ‘when it is necessary to comply with the State’s obligations under Article 2 of the European Convention on Human Rights’ (page 1). In practice, however, there have been virtually no such independent investigations.’ Paul is currently involved in bringing a judicial review to challenge the failure to conduct an independent investigation. If you want, I can forward his email on to you, or he would be more than happy to speak with you, if you want information about how to request an independent investigation from the outset.
ALLEDGEDLY! My son also died in a bath whilst detained “for his own safety” but no investigation , no police, no weapon, NOTHING!! Just possessions sent back in a black bin liner marked “NHS Household Waste” and key documents withheld from Coroners Inquest. Of course having no knowledge of systems I trusted justice would be done. How wrong I was! I now know far more than ever knew and intend to use my knowledge to help others! I gave verbal and written evidence to the Health Select Committee for their inquiry into Complaints and Litigation and despite findings http://www.parliament.uk/business/committees/committees-a-z/commons-select/health-committee/news/11-06-28-clreoprt-substantive-/ and to date nothing appears to be happening!
PHSO refuses to accept HSC recommendation for “complete role overhaul” and as this is dependent on whether an effective appeals process can be offered ….seems thats a failure too! PHSO also refused to investigate this as “not enough notes and “no worthwhile outcome” I offered to feed into Baroness Fritchie’s Review but was advised I was restricted as to what I could discuss aka my sons death and my complaint! I refused and have since been “closed down” with “case remain closed!” Just have to look at this to realise its a common practice it seems! https://www.whatdotheyknow.com/request/advisers_qualifications_for_case
Investigations within MH settings are not being fully completed as per Health Service guidance (which was underlined as vital in DH letter to all NHS CEOs! HSG(94)27 is the case in point: http://webarchive.nationalarchives.gov.uk/+/www.dh.gov.uk/en/Publicationsandstatistics/Lettersandcirculars/Healthserviceguidelines/DH_4104914
Re Investigations into “Deaths in Custody”…INQUEST charity and Gov advisers (now looking at deaths in psychiatric services as “there are so many of them” IAP have had a couple of “Listening events” one of which I attended! http://iapdeathsincustody.independent.gov.uk/wp-content/uploads/2012/02/IAP-2nd-Family-Listening-Day-Mental-Health.pdf
But my fear is “he who pays the piper calls the tune” We need total independence!