Inquiry into Essex Mental Health deaths given more powers 'to give families the answers they deserve'
The Essex Mental Health Independent Inquiry's new statutory powers come amid concerns over a lack of engagement
Last updated 28th Jun 2023
An inquiry examining around 2,000 mental health patient deaths will be able to compel staff to give evidence in a bid to give families the "answers they deserve".
Health Secretary Steve Barclay said the point has been reached to give the Essex Mental Health Independent Inquiry statutory powers amid concerns over a lack of engagement from current and former workers.
Dr Geraldine Strathdee, as inquiry chairwoman, has been gathering evidence about mental health inpatient deaths in Essex between 2000 and 2020.
Mr Barclay said "progress has already been made to learn lessons and improve inpatient mental health care" by the Essex Partnership University NHS Foundation Trust (EPUT).
But he said Dr Strathdee believes she "cannot properly investigate matters" with the current level of engagement from current and former EPUT staff.
Concerns were raised in January about a lack of engagement with the inquiry, with Mr Barclay telling MPs: "Since then the inquiry and the trust have worked together in a concerted effort to increase staff engagement.
"However, I have listened to Dr Strathdee's concerns that the inquiry needs further staff engagement to get victims' families the answers they deserve.
"In a letter to me in March, she said to me, 'Thirty percent of named staff, those essential witnesses involved in deaths we are investigating have agreed to attend evidence sessions. In my assessment, I cannot properly investigate matters with this level of engagement'.
"She has also raised with me concerns about ongoing safety issues at the trust and to quote her letter once again, she said, 'I'm very concerned that there are serious ongoing risks to patient safety'."
MPs were told there are concerns those issues also cannot be "properly investigated by the inquiry without statutory powers".
Mr Barclay said: "This Government takes both concerns extremely seriously and I agree with Dr Strathdee that we have now reached the point where the only appropriate course of action is to give this inquiry statutory powers.
"Statutory inquiries do take longer but this doesn't mean we start from scratch."
He said Dr Strathdee has told him that "due to personal reasons" she will not be continuing as the inquiry's chairwoman.
Work to find a successor is "proceeding at pace", Mr Barclay said.
An initial figure of 1,500 deaths was based on information from EPUT and announced in March 2022.
All of the 1,500 people died while they were a patient on a mental health ward in Essex, or within three months of being discharged, between 2000 and 2020.
It was confirmed earlier this year that the number of deaths under investigation is now closer to 2,000.
Mr Barclay also said a national investigation into mental health inpatient services will start later in the year.
He said the new health services safety investigation body will have "the teeth and work at speed" and will have the power to fine those who refuse to give evidence when they are required to do so.
Mr Barclay said of mental health care across England: "We recognise that patients and families want to know how their concerns will be taken forward as soon as possible.
"I also recognise that a wide-ranging statutory inquiry for other settings or across multiple patient safety issues would not deliver these answers quickly.
"That's why my department has agreed to work alongside the Healthcare Safety Investigation Branch to prepare the launch of a national investigation into mental health inpatient services.
"This will commence in October when it receives new powers under the Health and Care Act.
"The new health services safety investigation body will investigate the following themes: how providers learn from deaths in their care and use this learning to improve services, including post-discharge; how young people are cared for in mental health inpatient settings and how this can be improved; how out-of-area placements are handled; and how to develop a safe staffing model for all mental health inpatient services."
Dr Strathdee said she "wholeheartedly" welcomed the news the Essex inquiry will have statutory status.
She said in a statement: "I am confident that statutory status will allow the inquiry to deliver a full and robust report and make recommendations that will lead to much needed improvements.
"While I remain dedicated to the cause of the inquiry, I have taken the very difficult decision to hand over the role of chair. In my view the next stage of the inquiry's work requires a chair who is available for the entire forward duration of a statutory inquiry. Due to personal health reasons, I have decided with my family, that this cannot be me."
For Labour, shadow mental health minister Rosena Allin-Khan said: "It beggars belief that it has taken the Government so long to address the House on this matter.
"It seems that every month there are new scandals regarding needless loss of life and dehumanising behaviour in inpatient mental health settings and this must be stamped out now.
"These are people's lives."
Dr Allin-Khan welcomed the Essex inquiry being given "vital" statutory powers.