Complaints and Litigation - Health Committee Contents


Written evidence from Cedric Maddox (CAL 17)

INTRODUCTION

1.  This submission is from Cedric John Maddox and I am a retired RAF Squadron Leader. I am 72 years old and for the last seven years I have been dealing with NHS and Government Agencies attempting to gain justice for myself and my mother who died of Alzheimer's. The purpose of this submission is to bring the attention of Parliament to the serious maladministration and unlawful treatment against the most vulnerable members of our society; the elderly mentally ill.

SUMMARY

2.  In 2003 the Local Government Ombudsmen published a special report highlighting the fact that the NHS cannot charge for after-care for patients detained under the MHA(83). The report stated:

——  That people who have paid for section 117 aftercare should receive financial restitution with interest.

3.  I obtained a copy of the Mental Health Act and my incredible saga into incompetence, deception, lies and fraud by the NHS and government agencies began.

EVIDENCE

4.  The evidence I have available covers every department that is involved in the NHS complaints procedure right up to the new Justice Minister and is impossible for me to cover in 3,000 words. Therefore I am only submitting evidence obtained from the Government's own statistics, this involves a massive fraud against the elderly mentally ill.

5.  Two weeks after admission under Section 2 my mother's legal status was changed to INFORMAL. The Hospital Managers failed in their lawful duty to inform the Nearest Relative that this had been done and the consequences of this change in legal status.

Note: This change of legal status has very serious consequences on the after-care costs of a detained patient. This is because the maximum stay allowed under the Act for a patient detained under Section 2 is 28 days and the information provided by the government stated that if the doctor wants you to stay in hospital longer than 28 days the patient will be detained under Section 3 of the Act. But a Section 3 patient is entitled to free after-care under section 117 of the Act. Section 117 after-care is for as long as it is needed which would mean until death for a demented elderly patient. This free care is not available for Section 2 or INFORMAL patients. (LINK)

6.  A patient detained under Section 2 who is regraded to INFORMAL loses any chance of free after-care under Section 117 of the Mental Health Act.

7.  Statistics show that over 156,000 Section 2 patients were regraded to INFORMAL status for the 10 years up to 2009. All lost any chance of obtaining the free after-care they would be entitled to under Section 117 of the Mental Health Act.

8.  This fraud is simplicity itself as long as the details of the patient's and Nearest Relative's rights are kept secret by the Hospital Managers ignoring Section 132 MHA(83).

9.  My submissions to the SFO and AGO can be seen at:

——  www.nhsfraud.com

—    www.compu-help.co.uk/ag2

December 2010



 
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