2 thoughts on “Some thoughts about LB

  1. 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.

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