Select Committee on Health Minutes of Evidence


Examination of Witnesses (Questions 60 - 79)

THURSDAY 23 MARCH 2000

DR SHEILA ADAM, MS DENISE PLATT, MR JOHN MAHONEY, DR BOB JEZZARD, MR JULIAN OLIVER, MR SAVAS HADJIPAVLOU AND DR GILLIAN FAIRFIELD

Audrey Wise

  60. We want them to be helpful to you as well because it is very difficult to understand how the Department can develop strategies without certain basic information. Strategies about where to treat kids do seem to depend a lot on knowing where kids are treated currently. If it is the wrong place, why? I wonder if you would like, not off the top of your head, to go away and think about this and what kind of helpful suggestion this Committee could make to the Department about changing the methods or whatever of the statistics that are collected. I think there are very competent statisticians who would very much like to remedy and fill up these great holes but unless somebody arranges that they can do that then they will go on being frustrated, as I am sure they are, and MPs will go on being frustrated, as I know we are, at not collected centrally or not collected in this form or whatever. So what sort of things should we be saying? If you would like to go away and then drop us a note about this then there will be at least one Member of the Committee who will be very grateful.
  (Dr Jezzard) I would be very happy to do that. Can I just say that we have already in mind that in the collection of data for the services and financial frameworks, given that we are giving additional money this year specifically for the development of inpatient care, it is necessary for us to get better data. So we are looking at the way we could get this data more usefully. It is important to us as well as to Committee Members, there is no question about that.

  61. I am sure.
  (Dr Jezzard) I think also that our research project hopefully will throw up even more detailed information. It is essential for good planning and I would certainly agree with you there. We will be happy to get back to you.

  62. Are there any steps being taken, and if so what, to examine potential differences between the treatment of children under child care legislation and their treatment under mental health legislation? Who is responsible, especially locally, for trying to get liaison amongst and between the various agencies involved? In relation to local authorities I have a particularly despairing feeling, because in this sort of field the local authority is often used almost as a synonym for social services department but, of course, education is also a local authority service. When we did our children inquiry we found lack of liaison between education and the health service and education and social services, even when in exactly the same authorities, to be a cause of real hair tearing. I do feel, and I know from my consistency work, that there seems to be a chasm between services under the education authority, which bear in some way on the mental health of kids, or on how the kids are handled when problems show up, and the National Health Service, including the mental health service. This drives me to want to throw things but I am not quite sure who I should throw the things at. Can you help in this? Can you suggest a target for me?
  (Dr Jezzard) I hope it is not me. I think the services vary considerably around the country. I have had experience, certainly, of very co-operative relationships between education and mental health services and social services, so it is not a picture that is easy to generalise about but we are very conscious also that there are some places where people do not appear to be talking to each other effectively. I think there are a number of approaches that are helping to address this problem, such as the Children Service Planning Process, the Health Improvement Programmes and Behaviour Support Plans, all of which are seeking to bring everybody into discussion over what are the very same children that they should all be concerned about. I think there are quite a number of changes taking place. Certainly I have been quite impressed, if you like, by the way social services, for instance, around the country have taken on board child mental health issues over the last five years which previously they perhaps had not. In terms of education, I think I can say at Government level, between Departments, we have now established a good linkage within the advisory group for children with special educational needs, particularly emotional and behavioral difficulties. The Department for Education and Employment, for instance, have decided to bring in somebody, within the context of their work in that area, with child mental health expertise. We have a better linkage. I think if people see a better linkage and more joined up policy development centrally then that does give the message in the field. The other thing that I think helps provide some reassurance is projects which were funded—in 1998 the funding first started for 24 projects around the country under what was then the Mental Illness Specific Grant now the Mental Health Grant—specifically to establish joint enterprises, and if you look at the list of projects around the country they are covering a range of activities, including work with schools, work with looked after children with a mental health perspective. So there is a range of initiatives around the country. But it is none the less encouraging what has happened in the way of co-operative relationships.

  63. There used to be a fearful shortage of educational psychologists, is that still the case?
  (Dr Jezzard) I do not think I can answer that question. We would have to go to the Department for Education and Employment to answer that. Certainly, educational psychologists are no longer regularly part of child and adolescent mental health teams but I do not know what the position is nationally. If you would like us to contact the Department for Education we will do so.

  Audrey Wise: Yes please.

Chairman

  64. Can I just take one specific point in relation to Audrey Wise's question. I would be interested in the difference between child care legislation and mental health legislation as it relates to children and young people. We have got here a group of civil servants who reflect different camps within the different activities of the Department of Health. The Prime Minister is going on about the relationship between health and social services and it strikes me that we have got the Children Act which has as its central principle the welfare of the child which informs any decision made on the child under the Children Act. If that welfare principle was applied in respect of children and adolescents in mental health services, what are the implications in looking at how children and young people will be treated compared with how they are treated now?
  (Dr Jezzard) This is a timely question because at this point where the Mental Health Act itself is under review. We had a meeting just yesterday to look at the interface between the Children Act and the Mental Health Act and to look and consider what read across there should be within the Mental Health Act. To meet just the points you have made the Mental Health Act, while applying to children, has tended to be focused on looking at the needs of adults in hospitals. We had a very interesting and useful discussion bringing a lot of people together with ideas about how there could be a better read across. What I would say in relation to the Children Act is while it statutorily relates primarily to the work of social services, many services around the country in child and adolescent mental health setting see the principles enshrined in the Children Act as principles which should inform their work. That may not be universally the case but certainly I do not think that you will find people shunning the principles of the Children Act simply because they see it as a local authority issue.

  65. There is a tie-up in relation to the dialogue around the new legislation and it is informing thoughts about the provision.
  (Dr Jezzard) Yes. I do not know whether Julian wants to comment?
  (Mr Oliver) Certainly, as Bob said, we had a meeting with interested parties in the field yesterday at the start of the process on ensuring that the reformed Mental Health Act, the new Mental Health Act, will take full account of what you describe as the interface issues between the two pieces of legislation. This is a dialogue in which we will continue to see what scope there is for making special provision, possibly, within the new Mental Health Act in the way that the current Mental Health Act does not.

  66. We have not forgotten you, Mr Oliver, we will come on to your area later.
  (Mr Oliver) Delighted.

Audrey Wise

  67. I happened to be talking to a little class of girls on Monday this week who had various problems which had led to them being out of mainstream education and being dealt with separately, getting two hours a day in this little class. I had some conversation with the teacher who said she could not believe that the Government could not realise the damage it was doing to youngsters and schools by the constant going on about GCSEs and the use of the league tables. I have observed already the really detrimental effect of the use of raw league tables in my area and the polarisation this leads to so that schools which have problems find their problems exacerbated and they are unable adequately to defend themselves. The teacher told me that the girls to whom I had been talking had mostly been put in by the schools for ten GCSEs, they were under enormous stress and could not cope. Several were pregnant, one had a nine week old baby, one was due to have a baby in a couple of weeks. They had problems in relation to this. The one with the nine week old was suffering severe sleep deprivation and lots and lots of problems. The teacher had been trying to get the two hours lengthened to two and a half, but without success. In this conversation I expressed my agreement with what the teacher was saying and also I expressed the view that we would find ourselves in the position of Japan where the suicide rate amongst kids and young people is just awful. I was then told that of the eight girls to whom I had been speaking, who were all aged about 16, three had already attempted suicide, two with overdoses and one with slashed wrists. Now I know that attempted suicide is not the same as really failed suicide, it can be a different manifestation and it may be that those girls who have survived their suicide attempts will be more competent in future but, on the other hand, it may be that whatever their underlying purpose in their heads is served by failed attempts, I do not know. It was very disquieting because I had just finished a discussion with girls who seemed to me to be perfectly nice, reasonable, ordinary girls and to find that three out of eight of them had either taken overdoses or slashed their wrists was upsetting to say the least. What is your view of that little picture? Would you say it is quite a common picture? What do you think can be done?
  (Dr Jezzard) The issue of self-harm, young people's self-harm, is very important. Certainly it has a higher prevalence among young girls than boys.

  68. Yes.
  (Dr Jezzard) I think to specialists working in child and adolescent mental health services, it is a familiar picture. They will see many young people who do harm themselves. I think one of the difficulties often is disentangling all the various risk factors and the elements that have come together to create this level of distress in the young person. It is not easy to put your finger on any one factor. You raised the issue around the demands for education, educational attainment. Some people will say also that some young people have suffered because there were no expectations at all for them. I think there is a balance to be struct. Certainly some young people will be more vulnerable to the pressure to succeed, which may also come from their families as well as from the educational system. Some will be vulnerable because nobody has any expectations of them at all. I think they can be factors. For many of these young people they will have had many other experiences which will have set the scene. In terms of how we tackle this, ideally we try and prevent children getting to this point. Part of the solution is obviously about providing services that respond when young people are in difficulty but there are also initiatives like the Healthy Schools Programme in which the Department of Health and Department for Education and Employment have put money together to try and address the issue of health promotion in schools and that includes mental health promotion. I think that is early days but it is a very good sign because we have not in the past taken seriously the notion of what can be done in schools which will alert not only teachers but also children and young people themselves to mental health issues and what they can do about it. There have been a number of interesting conferences around strategies to promote mental health in schools. One that I participated in was a European conference bringing people from around Europe looking at it. There is a new interest in what can be done to prevent it. The problem is, that in the case of prevention of suicide, there are a lot of initiatives, a lot of people, a lot of ideas, but it is not very easy to tease out exactly what approaches work. Certainly research in the States has not demonstrated that there is a simple fix to that. You probably need to think about a range of initiatives which are not always mental health initiatives but a range of initiatives to reduce inequalities, etc., and the effects of social exclusion etc may all have their impact.

Chairman

  69. Could I throw in one point here to suggest something which would help. My perception—I have two youngsters in the secondary school system—is children and young people are under more pressure in the schools than ever they have been. In my view it is a real worry, the pressure we put on the young people. It is the league table pressure on teachers, that is an area we need to look at carefully. It is something which worries me as a parent and many other parents I have talked to.
  (Dr Jezzard) I think it would be inappropriate of me to comment on DfEE policy.

  Chairman: I am conscious it is a huge area. We have looked at it only briefly but we have many other areas to cover before we conclude.

Mr Gunnell

  70. I will kick off on an area which raises acute care in the community but it also raises the Government Green Paper on Mental Health. I want to ask if there is a difference between the way in which we regard physical illness and mental illness? Given that we have had some publicised cases where people who are regarded as physically ill can refuse any treatment, even if it leads to their own death, it is somewhat curious that the Government takes the view in the Green Paper that the concept of capacity is largely irrelevant when it comes to making decisions about compulsory treatment and it is the degree of risk and not the person's capacity which should be the determining factor in compulsion. I wonder whether it is a somewhat dangerous route which we are going down when we say that a person's capacity to make decisions is not relevant to whether or not they can refuse treatment?
  (Mr Oliver) Thank you. I think it is important to state at the outset that the Green Paper does not reject the notion of capacity. We accepted a large number of the recommendations from the Expert Committee which was appointed to scope new mental health legislation and the Expert Committee plainly favoured a set of criteria which involved a tester capacity. We had some concerns, I think, about the practicalities of capacity and there were issues also around whether or not the tester capacity of itself would greatly influence whether or not a patient was going to be subject to compulsory care and treatment or not. What the Government has done in the Green Paper is to simply offer an alternative model but there is no decision yet taken on whether or not there would be a capacity test on the face of new legislation, and we await the outcome of the consultation we have had on the Green Paper.

Mrs Gordon

  71. Part of this debate which is ongoing is I am very worried about the public perception of mental health problems. As we have heard, most people with mental health problems are helped by the GPs, and also a lot of it is the stress and strain of modern life. We know that something like one in four people are vulnerable to a mental health problem at some time in their lives. What worries me is that the public perception is more based on the very rare, the tiny minority of cases that we hear about where, unfortunately, homicides are committed within the community, and of course they are very tragic. Given recent evidence that homicides by the mentally ill have not actually increased during the era of community care, I would like to know if the Department could challenge the misrepresentation, the headline news about mental health, if you like, and actually put forward, educate if you will, the public to the gap between the perception and reality of mental health problems within our society?
  (Dr Adam) If I could answer that in two ways. I think, first of all, it is important that we recognise how people do perceive people with mental health problems and, as you say, in the very rare cases of homicide, the impact that has on perception. I think it is important, also, to recognise that not only are these cases tragic as homicides but they are tragedies for the people who perpetrate the homicides. When we look back at the care that they have received, almost always there are real problems in the standards of care that is being provided: poor communication, staff not working in partnership, service users not receiving the level of support that they require and, therefore, failing to continue to take their treatments. All of these things recur in each of the inquiries. I think it is essential that we take that very seriously and do what we can to reduce the risk of homicide. Having said that, I think it is important also to recognise that we have a series of strands of work which are really, at the other end of the spectrum, tackling issues of stigma and discrimination against people with mental illness. That is represented in standard one of the National Service Framework where we specifically highlight the need to reduce stigma and discrimination. We work closely with a range of external bodies in doing that. World Mental Health Day has 5,000 local co-ordinators now, that happens each autumn, working closely, for example, with the Royal College of Psychiatrists and professional bodies on anti-stigma campaigns. We have done a series of pieces of work with the media—there is a group called Mental Health Media—we work with them to see how we can support them in presenting rather different images of mental illness and mental health problems. I very much take your concerns about public perception. I think we have to work on a number of levels to do what we can to combat that and the very adverse effects that can have on people with mental illness.

Mr Burns

  72. Dr Adam, would you confirm that, as Mrs Gordon said in her question, the number of deaths under care in the community is in fact relatively lower than those when people are suffering from mental illness and are kept in long stay hospitals? The trouble is that because there is far more publicity and a far higher profile of these crimes, the public are far more aware of them which creates a vicious circle in which whatever good work is being done to seek to remove the stigma of mental illness is undone by the few very high profile and sadly very horrific crimes. Do you think—if you will confirm that is a broadly correct assessment of the situation—that one of the ways in which one could seek to reduce the damage of this high profile is if one is to stop the practice, whenever any of these crimes are committed, of setting up an inquiry which, with the actual incident of the crime, causes a great deal of publicity and then when the report is published there is then another wave of publicity, sometimes a year, two years, three years later on? Would it not be in the interests of everyone if that inquiry process was stopped? Certainly learning from where there may have been a breakdown in the provision of service, learning where improvements can be made, but not doing it in such a high profile way, it undermines all the work that everyone else is trying to do?
  (Dr Adam) Certainly I recognise the problem that you are putting and the fact that we can go through two or, sometimes, three episodes of media coverage of one tragedy. I am not sure that we have got reliable comparative data to go back to homicide rates when people were in long stay hospital. Certainly I would accept that there has not been a recent increase. We are looking at fairly steady levels of homicide committed by people with mental illness and also, of course, that rate is very much lower than the rate of suicides among the same group. I think it is important that we keep the situation under careful review. Now we have the National Confidential Inquiry well established in Manchester reviewing all of these cases, homicides and suicides. I think it is beginning to generate extremely helpful reports which by grouping incidents and by grouping the learning that comes from them it is probably going to be more effective in helping us to put the lessons into practice. Also, we have now the Commission for Health Improvement almost up and running. One of their responsibilities will be to conduct inquiries at the request of Ministers. We do have some new opportunities to look at the problems which you are raising. I think it will be important obviously for us to keep the situation under review, recognising the extent of the problem that you have raised.

  73. Can I raise another fairly contentious issue which is the proposal for compulsory treatment orders as set out in the Green Paper. There is a view that they run the risk of alienating both sides of the situation, both the patient's because some patients may be hesitant to seek help and treatment because they feel they may be subjected to a compulsory regime, and also the medical practitioners may be unhappy because they may morally or ethically disagree with such a policy or because they are reluctant to provide a service under those conditions. What are your views on these fears and the policy proposal?
  (Mr Oliver) I think the basis for the proposals in the Green Paper to introduce compulsory treatment in the community is about greater freedoms for the clinical team to prescribe something or to describe a course of treatment for somebody on an individual basis which will work better for the patient. The current Act is very inflexible in this way. There is a group of patients, it may be small, I do not know, for whom the therapeutic environment of an inpatient psychiatric ward is not the best therapeutic environment available to them. There is quite a strong feeling I think that modern legislation should reflect the move that there has been, particularly since the 1970s and 1980s, to treatment for people with mental illness in the community that the law should reflect this.

  74. Can I move on to special hospitals. As you are more than aware, the three special hospitals are large but in the case of Ashworth and Rampton in particular they are physically isolated. They have been the subject of numerous inquiries over the years and, in the long term, do you believe that smaller units near to local medium secure units would be a more effective way of providing the services that they provide or do you think, notwithstanding their past history, and the lessons that we have learnt from the various reports, that maybe there is still a role and a need for large special hospitals?
  (Mr Mahoney) I think the Government's response in relation to the Fallon Report proposals for Ashworth is a very robust one. These hospitals do develop an expertise and help which has developed over time. It is difficult obviously to find that expertise in staffing three sites. I think the worry is it might be even more difficult, and significantly more expensive if it was split into a number of regional sites. The conditions of security are such that it would be extremely difficult to foresee a time when such facilities could be built around the country. I think it is highly unlikely in that the three high secure hospitals, clearly they have got a job to do and will remain for quite some time.

Chairman

  75. Could I put a question, I know Simon wants to pursue a few more issues but probably this is a question that he could not ask, having been a Minister with some responsibility for this area. Is it fair to say—it probably is not fair to ask you but I will pursue it anyway—that we have had report after report after report that has made recommendations about the special hospital sector, fairly consistent recommendations along the lines discussed about breaking up and moving more towards regional secure unit models. We had the Ashworth report last year which again reinforced certain proposals in respect of that establishment which this Government, in my view wrongly, rejected. Is not the simple fact of life that as long as we have politicians who are faced with the problem of where do you allocate regional secure units to, and, knowing the kind of response of MPs about "We do not want it in our back yard, thank you" but I have got one in my back yard, is that not a problem which will obstruct any firm movement on the special hospitals improving what I think can still in some respects be described as bins?
  (Mr Mahoney) The absolute key is that the people who should not be there, should not be there. People who require high security should be a grave and immediate danger to the public. I think that is one of the features that we are waiting for in the report of Sir Richard Tilt, the former Director-General of the Prison Service, to see what that says. One of the key features of the development and around the development in this area will be to develop alternative services, alternative services for women, for example. I think everybody will recognise that services will be developed which will change the style of the special hospital slightly. There are still a large number of people in prisons who need to be in high secure hospitals. It is really getting people into the right level of security that is the key to all this.

Mr Burns

  76. As you are aware, successive Secretaries of State, including certainly, if I remember correctly, the last one and so I assume the current one as well, have said that they have and will continue to allocate more funds, plus some reorganisation in the light of the Fallon Inquiry into these special hospitals. Part of the reorganisation is going to result in closer functional and administrative integration of the high security hospitals and the NHS. It will still leave us with the three hospitals. What are the long and short term plans for those hospitals at the moment?
  (Mr Mahoney) I will come back perhaps to performance management in a moment. As far as I know there are no plans for anything other than Ashworth, Broadmoor and Rampton providing services for people who require high security. Organisationally Broadmoor has gone out to consultation in terms of merging with Ealing, Hammersmith and Fulham Mental Health Trust to create a new organisation. I think Rampton either has or is about to go out to consultation around a reconfiguration of trusts in Nottinghamshire. Ashworth will be following. The view is that what has caused many of the problems in these hospitals has been their very isolation from the NHS. That is seen as one of the solutions in terms of their future. Also, there has been a tremendous amount of work around safety and security directions, child visiting and so on, and tight performance measures have now been introduced where accountability lines for all hospitals are now very clear and each host region has appointed a performance manager for their particular hospital. Things are changing. You mentioned money, there is also some significant money being invested in all three. This year it is focused on Broadmoor and Rampton because, believe it or not, staffing levels are far worse at those two hospitals than Ashworth. They have recruited a significant number of staff so it is looking quite good for once. In terms of organisational structure I think all the features are resolved, certainly for Rampton and Broadmoor. In terms of organisation I think the Ashworth merger at the moment is suggested between themselves and the mental health services of Salford.

  77. Something occurred to me as you were speaking. If one is to sort out with these three hospitals and with the Prison Service as well in that clearly there are a number of people in prison who should not be in prison, they should be in secure units, and I would assume that there must be a relatively small number of people in the three special hospitals who arguably should not be there but, if you jig this all around so that the right people are in the right place, presumably there would not be enough places in the three hospitals for all the people who should be in those hospitals? If the answer to that question is in the affirmative, would you expect the building of any more special hospitals?
  (Mr Mahoney) In fact, it is the other way round. I think there are far more people in high secure hospitals who should not be there.

  78. If you take them out, and presumably take from the Prison Service prisoners who should not be in the prisons but should be in a high secure hospital—
  (Mr Mahoney) That number is lower.

  79. It is lower than the numbers who should not be there?
  (Mr Mahoney) Yes.


 
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