Continuing the discussion from Queries about second unrestricted hospital order:
I’ve never complained to the CQC about unlawful detention, for example if there’s a problem with the section papers, so wonder what approach they take to complaints. Has anybody experienced this (from either direction or from being in the CQC)?
I raised an instance of section 2 detention that did not comply with the MHA or CoP in this forum in 2021/22. CQC were sent a copy of the complaint to the Trust and I believe contributed to the process of complaint handling by Trust and later the County Council. The complaint was not adequately responded to in that the specific points of non compliance which were based on the actual documents recommending detention, the AMHP report leading to executions of detention and the reports from the RC during detention were not refuted in any rational way. The Trust suggested referral to the Ombudsman and the County Council made no response to the email indicating they had not dealt with the issue. The CQC were then asked to investigate and said they do not look at the contents of reports, I presumed that the presence of suitably signed off reports is all they need to confirm basic compliance. A bit strange when the MHA requires the presence of a mental disorder due to which risk arises and the recommendation report said they were not sure that a mental condition was present and recorded no evidence of behaviours or symptoms related to mental disorder. I inferred that the CQC took the position that they cannot comment on clinical judgement although they claim that psychiatrists are part of their staff. I then wrote a letter to CQC CEO pointing out that the only clinical decision was lack of certainty for the presence of a mental condition and no evidence to suggest one was present, none of which is disputed, so CQC investigation would not cross any ‘red lines’ of clinical decision, just non compliance with statutory requirements to execute detention. No reply, queries indicated the letter was in their domain, still no reply.
I hope this is a useful addition to your information request. I can provide copies of reports etc if you need them.