Mental Health

Steve Reed Excerpts

Thursday 16th May 2013 Commons Chamber

[Mr Steve Reed (Croydon North) (Lab)]

It is a pleasure to follow many moving and thought-provoking contributions. I want to raise the case of Olaseni Lewis, known to his family as Seni, who died after his family left him in the care of the mental health service. Seni was a 23-year-old young black man living in Croydon North, the constituency that I now represent. He had a degree in IT and plans for further postgraduate study.

Seni had no history of mental or physical illness when, on 31 August 2010, he started to behave in an uncharacteristically odd and agitated manner. His parents did what they thought was the right thing by taking him to hospital. He was admitted as a voluntary patient for a few days’ assessment and care. His family left him, when visiting hours ended at 8 pm, with reassurances that they would be contacted if anything happened.

Seni became agitated in his family’s absence, and even more so after he was told that he could not leave the hospital even though he understood he was there voluntarily. It appears he was sectioned in order to detain him against his will, and was then restrained and held face down on the floor by several members of staff and by police officers who had been called after he kicked a door, although there is no evidence that he was violent towards anyone.

Seni was held face down in a seclusion unit by up to 11 police officers for a total of 40 minutes in a way that appears to contravene international conventions on human rights and torture. During the course of that restraint, Seni slipped into a coma and was eventually put on a life support machine, which is how his family found him when they were eventually called four hours after they had left him. He was pronounced dead four days later.

The Independent Police Complaints Commission is responsible for investigating the events leading to Seni’s death. Its investigation began in September 2010. Instead of conducting its investigation under criminal proceedings and interviewing the police officers under caution, it chose instead to accept written accounts which were never challenged. It now accepts that that was a serious mistake.

In August 2011 the IPCC referred the matter and its report to the Crown Prosecution Service to decide whether to prosecute, with a recommendation against. In the meantime, the IPCC had received new information that led it to believe that a criminal prosecution should in fact be pursued. That new information, received in July 2012, was the pathologist’s report, which raised fresh concerns about the extent of restraint used against Seni Lewis. Frustratingly, the CPS refused to accept that new evidence because it was not included in the IPCC’s original report—even though it was the IPCC that wished to amend its own submission. The IPCC claims it has repeatedly raised that point with the CPS, but to no avail. The CPS refused to prosecute.

The IPCC, eager to put right its own admitted mistakes, tried to persuade the Metropolitan police to reopen its investigation in order to trigger a fresh investigation by the IPCC. Following legal advice, the IPPC believed that that would allow it to interview the police officers under caution and include the pathologist’s findings in a new report to the CPS. The Met, unfortunately, had contradictory legal advice telling it that the IPCC could not overturn its own original report and refused to open a fresh investigation. The IPCC is now accusing the Metropolitan police of blocking the investigation that the IPPC wants to reopen.

So we reach a highly unsatisfactory impasse. The police will not reopen the investigation, the CPS will not accept the fresh and potentially compelling evidence, and the IPCC is not allowed to overturn its own decision not to investigate under criminal proceedings even though it believes that the original decision was wrong. In the meantime, a bereaved family have been waiting, with astonishing patience and great dignity, for over two years and eight months for an answer to how and why their beloved son now lies dead after they placed him in the care of a hospital when he showed early signs of mental ill health.

The questions that this case raises are profound and frightening. The organisation Black Mental Health UK is concerned that black people are 44% more likely to be subject to detention under the Mental Health Act than their white counterparts, even though there is no higher prevalence of mental illness among the black community. Once in the system, black people are more likely to be labelled psychotic than their white counterparts for exhibiting exactly the same behaviour. They are also more likely to be given a diagnosis of schizophrenia and to be considered an immediate threat than non-black people. This group is 29% more likely to be subject to restraint and 49% more likely to be placed in seclusion. Black Mental Health UK believes this may be the result of prejudicial assumptions made about young black men in general, and in particular those labelled as suffering from mental ill health.

If black people are being treated differently from other people in a way that threatens their well-being, the community needs reassurance that the mental health service is not institutionally racist. We need a public inquest to establish exactly what happened to Seni Lewis in the four hours after he was first taken by his parents to A and E in Croydon. To date the Lewis family have been failed by the mental health service and the entire criminal justice system. Instead of the open inquiry this case deserves, we are treated to the unseemly spectacle of the IPCC, the CPS and the Metropolitan police fighting with each other and unable or unwilling to work together in the public interest to allow an effective investigation to take place.

I have raised the case of the Lewis family with Ministers over recent months but I am dissatisfied with their responses. When I asked when an investigation would be progressed, I was told this was an operational matter, but this case points to a wider systemic failing that requires Ministers to act and address it. When I asked the Home Secretary what advice was given to the police over how to operate in a mental health setting, I was told none. When I asked what discussions had taken place between the Home Secretary and the Health Secretary about the use of the police in mental health settings, I was told none. When I asked the Health Minister how many patients were restrained in a mental health setting and what their ethnicity was, I was told that the Department of Health does not collect these data. I do not wish to impugn the intentions of Ministers, but I have concluded that they are failing to give this matter the priority it deserves.

[Norman Lamb]

I apologise that I came in halfway through the hon. Gentleman’s contribution, but he is making extremely serious points. I would be happy to talk further to him about the case after the debate.

[Mr Reed]

I thank the Minister for his intervention. I am grateful for his generous offer, which I will certainly take up.

[Jeremy Corbyn]

I compliment my friend on an excellent speech. Does he agree that the problem of representation of people both in initial assessments and when they are placed in long-stay mental health institutions often means that many poorer young black men never get any representation whatever and end up being completely institutionalised as a result, leading to those ludicrously higher statistics for black and ethnic minority people, who are no more prone to mental health problems than anyone else in society?

[Mr Reed]

I thank my hon. Friend for that contribution. There are a range of concerns about the treatment of black people in the mental health system that need to be tackled to reassure that community.

I believe other Members in the House will agree that this cannot be allowed to go on. I urge Ministers to use their offices to persuade the IPCC, the CPS and the Metropolitan police to work together to obtain a quashing order against the IPCC’s original decision so that a criminal investigation into the Seni Lewis case can go ahead, followed by a full public inquest. Instead of apparently washing their hands of the concerns that this matter raises, Ministers should acknowledge the need for a national strategy on policing within mental health settings.

The organisation Inquest points out that it is an unacceptable anomaly that there is no independent body charged with investigating deaths in the mental health service, as there is for deaths in police custody. As a result of that anomaly, reviews are conducted internally, they may not involve the family affected, and there is no collation or joining up of learning across the service nationally. After this case and other cases like it, the community deserves the reassurance of an independent inquiry into the treatment of black people in the mental health service.

Two years and eight months after their son’s death, the Lewis family still do not know how or why he died. The public hearings scheduled for July 2012 and then March 2013 were both delayed without explanation. Seni Lewis deserves justice. The Lewis family deserve justice and they must not be kept waiting any longer.