Essex Mental Health Independent Inquiry

John Whittingdale Excerpts

Tuesday 31st January 2023 Westminster Hall

[Sir John Whittingdale (Maldon) (Con)]

I start by thanking my right hon. Friend the Member for Chelmsford (Vicky Ford) for securing the debate and for allowing me to make a brief contribution.

I, too, represent several family members of those who lost their lives while in the care of EPUT. The matter has been continuing for a long time, and the inquiry is considering 20 years of NHS provision for people suffering from mental illness in Essex. We have had a number of inquests for those who died, and we have had Care Quality Commission investigations and police investigations, but there are still unanswered questions. For that reason, I agreed with and supported the establishment of the mental health inquiry by my right hon. Friend the Member for Mid Bedfordshire (Ms Dorries), who was then a Health Minister.

As my right hon. Friend the Member for Chelmsford has said, real concerns were expressed to us about the fact that the inquiry would not be statutory, but we were assured by the Minister that a non-statutory inquiry could reach conclusions faster than a statutory one and that there were other advantages to such an inquiry, which might lead to people being more willing to come forward than if the inquiry were under statutory control. I listened to the concerns expressed by my constituents who felt strongly that the inquiry should be statutory, but I accepted the assurances of the Minister. I want to say to the families that they were right and we were wrong, and I am sorry that that was the case. I was therefore greatly concerned when I saw the letter from the chair, who says that she has now concluded that statutory powers are needed owing to the lack of co-operation from staff and former staff, although initially she, too, had thought that a non-statutory inquiry was correct.

I have had a long conversation with the chair of the inquiry. I am impressed by her absolute determination to get to the truth and her independence. As my right hon. Friend has said, the chair still hopes very much that not only staff members, but all family members who have evidence to give will come forward, particularly as there will be support available. I understand that the family members still believe the inquiry should be statutory. Therefore, I agree with my right hon. Friend that we have reached the point at which, unless we receive co-operation in a very short time, statutory powers are needed.

We need to get to the bottom of this. A figure of 2,000 deaths has mysteriously and suddenly appeared from the trust, and we need to find out what happened to those people. I say to the Minister that I understand the wish of the Government and the inquiry to obtain testimony from all those concerned, but if it cannot be achieved by the present arrangement, we will move to statutory powers.

--- Later in debate ---

[Neil O’Brien]

It is not for me to put a date on that in this setting. I have had conversations with a number of the hon. Members here, but my hon. Friend can rest assured from the tone of what I am saying that this will not be a long period of time. We are not kicking this into the long grass; we urgently need this change because, as numerous Members have pointed out, this has been going on for a long time and families who have been through the mill are waiting for justice.

[Sir John Whittingdale]

One of the problems with a non-statutory inquiry is people’s reluctance to come forward. If it becomes statutory, certain consequences obviously follow, including the publication of the names of those who are summoned to appear. Will my hon. Friend the Minister think about making his requirement that the co-operation be achieved in a short space of time more public, so that people understand exactly what will follow if they continue to fail to co-operate?

[Neil O'Brien]

This debate goes some way to achieving exactly that. My right hon. Friend is exactly right that the current non-statutory approach has the benefit that those who give evidence do not have to be named. That is why it would clearly be more desirable if we could make the non-statutory approach work, but that has not been the case to date and, unless that changes, something else will have to change too.

To continue making progress in how we address issues with mental health services, Members will be aware that we have recently announced a rapid review into patient safety in mental health settings across England. The review will focus on what data and evidence is available to healthcare services. I am pleased that Dr Strathdee will be leading the rapid review over the next couple of weeks, given her knowledge and experience. However, I assure hon. Members that the work of the inquiry in Essex will continue at the same time.

I firmly believe in the importance of transparency and accountability to improve patient safety, and I wish to take all action necessary to assist the inquiry in its work. This is absolutely the last chance to make progress. If staff engagement and access to documents remain unsatisfactory despite these actions, we will consider whether the inquiry should remain on a non-statutory footing. We simply cannot go on as we have, with inadequate co-ordination and documents not being forthcoming. Everyone in the inquiry knows the situation and that there is not a long period of time for things to change.

I thank hon. Members for bringing forward the debate, because it allows us to set out the situation clearly for the public. I thank all who are here today, all who have co-operated with the inquiry, and all who have lost loved ones or been personally affected by this matter and have had the bravery and grit to come forward and talk about their experiences. We are extremely grateful to them.

Question put and agreed to.