Any advice appreciated ok actually resolving a neglect claim to ensure i actually get the treatment I need

Law and practice Other
1

Hello all

I’m currently pursuing a clinical negligence claim against an NHS Mental Health Trust, with NHS Resolution having instructed solicitors.

The claim involves repeated back-to-back Section 5(2) detentions, failures to arrange Mental Health Act assessments within the statutory time limits, and failures to make reasonable adjustments for my autism, as well as a raft of failings and potential breaches of three EHRC articles

On one occasion, a Section 5(2) expired without an assessment being completed. I asked to leave as an informal patient but was told I needed to speak to a doctor first. I declined stupid I know but I was informal and at the end of the day I reserve the right to not speak to people I don’t want to speak to, saying as I simply wanted to go home. Despite no longer being detained, I was prevented from leaving and, when I became frustrated, was placed under another Section 5(2) approximately 15 minutes after the previous one expired.

These experiences caused a significant breakdown in trust. As someone with autism who can think in very black-and-white terms, particularly around rules and statutory safeguards, I subsequently refused to engage with AMHPs and doctors, which contributed to further Mental Health Act detentions.

My question is whether there is a realistic route to resolving this with NHS Resolution through mediation or an agreed settlement that prioritises funded specialist mental health treatment outside the NHS, rather than prolonged litigation.

Could this be achieved in a way that reduces distress for me, avoids unnecessary legal costs for NHS Resolution, and actually secures the appropriate care I need?

Any advice is appreciated, my whole reason for this is to just actually get the care I need, that the NHS who just like to gaslight you can’t provide due to the resources just not being available, I’m told our local trust has 2 EMDR therapists, yet I’m on the DSR, everything was graded red back in march, all points were due to be actioned within 2-3 months and not a single one has been and things have deteriorated so much again, there’s routes to funding via PHB/ICB/LA so nhs availability should not be an issue, what’s a few thousand on private EMDR and whatever treatment is required vs another 3 weeks in hospital treated against wishes for ethalyne glycol treatment despite having capacity, in my opinion anyways but the resus person relied on the fact that I had been sectioned before that I lacked capacity, or another s2 or an s3, or even 12 months of legal fees

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Your post is very interesting indeed. Unfortunately I do not provide ‘advice’. But some others on this forum may do so. I would like to say more in a way that would assist based on my experience.

As you have instructed solicitors they will have the full contexts and evidence of your experiences.

I imagine there is a whole lot of detail. You may want to be cautious with what you put in the public domain, especially as there are live legal engagements. Do nothing that could be used against you, or inadvertently breach any legal rules relevant your legal action. (I don’t know which may apply to you. Consult your lawyers).

This resonated with my experience of services over the last 30 years. Of course as a medical doctor and senior psychiatrist I am not allowed to use such words (long story).

Much of the details - especially in your last paragraph concern me. You may assume that everyone or most out here would know the abbreviations to the terms you use e.g. EMDR I know. I am not clear on others. Normally I bracket and abbreviation once for clarity. But in general I’m the odd person out in NHS circles cuz I don’t use things like TOLNWL etc or NFTD (don’t ask - not important here).

I also tend to think in black and white terms on certain important occasions. Hence I am suspect of having autism too - by the looks I get. People basically want to faff about when you ask proper well-worded questions and I don’t allow it.

The people I’ve met with autism are some of the kindest, nicest, most human people. But that’s a disadvantage apparently in today’s fast paced world.

I and I hope others look forward to hearing more from you.

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Thank you for your time Russell much appreciated, I am litigant in person unfortunately, I know it likely doesn’t actually help my mental health but since being fibbed off and constantly blamed by the NHS for poor engagement, when to me it feels like lazyiness especially when I turn up to every appointment and try to communicate my communication difficulties, since my original camhs referral that was put in in 2005 wasn’t dealt with until I reached adult services age bare in mind I was a kid in care being bounced around the system like a ping pong ball, you can imagine the experience of a 20 bed priory run SEBD placement does to a traumatised child. and have been under services on and off, since then and things majorly deteriorated and was under s2 4 times in the past year.

agreed definitely need to be careful about the internet, I really do just wish I could sit down and get my point across, what good would money do, I’d rather be in a better place mentally.

I have though decided to try and get a DSR review and bring my advocate and try and improve the situation because they decided to not actually invite me to the DSR in march as they had just called the police and threatened me with IM medication and the discharged me from s2 half an hour later because they decide to overwhelm you and do not know the word de-escalation

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And apologies about the covering last paragraph, if I understand you correctly it’s because you may be worried? As much as I hate the way I’m treated by the NHS seeking treatment is still the option I need to do so I’m trying to sort things out, I lost my ex partner and carer a year ago a half ago, she’s a Socail worker for people with disabilities, decided I wasn’t our child’s father anymore, dragged through the family courts, refused any reasonable adjustments and then mental health used against for no contact. Caused by the separation from my daughter after 9 years of being every day dad, just an awful situation that doesn’t need to be like this

I really wish there was more I could do because I know how it’s made me feel to think others are actually having to face this level of distress trying to navigate the court system with disabilities.

the kicker is the courts ordered an intermediary for me in line with the guidance and then withdrew the assessment leaving me to cross examine a cafcass Socail worker who had worked in the same office as my ex partner for 5 years.

So please don’t be concerned at the end of the day if I want what I need I’m going to have to fight for it and work for it but I do appreciate it