The independent investigation into the deaths of around 2,000 mental health inpatients across NHS Trusts in Essex will finally be upgraded into a statutory inquiry, the Government has confirmed.
It comes after years of campaigning by relatives of loved ones who died under the care of the NHS and had said the inquiry, the first of its kind in England, had not been fit for purpose.
The inquiry had been established on a non-statutory basis in January 2021 by then health minister Nadine Dorries amid concern about the quality and safety of mental health in Essex. It also came after a 2019 investigation by the parliamentary and health service ombudsman found numerous failings in the events surrounding the deaths of 20-year-old Matthew Leahy and another young man named only as Mr R.
The inquiry was initially investigating the deaths of 1,500 people, including children, either while they were inpatients in a mental health facility or within three months of being discharged. They were under the care of Essex Partnership University NHS Foundation Trust (EPUT) or its predecessors, North Essex Partnership University NHS Foundation Trust and South Essex Partnership University NHS Foundation Trust.
In January, the inquiry chair, Dr Geraldine Strathdee, said the number of identified deaths had risen to almost 2,000, a figure disputed by trust officials. However, dozens of bereaved families – including Matthew Leahy’s mother, Melanie – refused to co-operate with the inquiry as it did not have the power to compel witnesses to attend and give evidence under oath, which they said is vital to achieve justice.
The inquiry had also stalled due to a near total lack of co-operation from current and former NHS staff. In January, Dr Strathdee said she had been left “hugely disappointed” by the lack of engagement after only 11 of 14,000 current or former NHS staff said they would give evidence in person. She told Health Secretary, Steve Barclay, the inquiry would therefore be “inadequate” and could not meet its terms of reference, which include making recommendations to improve mental health care across the NHS.
Mr Barclay said “progress has already been made to learn lessons and improve inpatient mental health care” by EPUT staff. He added concerns were raised earlier this year over a lack of engagement with the inquiry from current and former EEPUT staff, noting: “I have listened to Dr Strathdee’s concerns that the inquiry needs further staff engagement to get victims’ families the answers they deserve.”
Mr Barclay said Dr Strathdee had previously assessed she “cannot properly investigate matters” with the level of engagement and concerns had been raised over ongoing risks to patient safety.
He told MPs on Wednesday: “I agree with Dr Strathdee that we have now reached the point where the only appropriate course of action is to give this inquiry statutory powers.”
Shadow minister for mental health, Rosena Allin-Khan, said she welcomed the announcement that the Essex inquiry “will be given vital statutory powers”.
She said: “The grieving families I have been speaking to told me about the pain and anguish that they have felt during their fight for answers and this has only been compounded by an inquiry that lacks the necessary powers to seek the truth.”
In April, i revealed that Mr Barclay had decided it should be upgraded following lobbying by Essex MPs, including senior Tories Sir John Whittingdale and former home secretary Priti Patel.
Mrs Leahy, who spent over a decade campaigning for a statutory inquiry following her son’s death at The Linden Centre, Chelmsford in 2012, hoped the move would finally lead to justice for the families.
She said: “Today’s announcement marks the start of the next chapter in our mission to find out how our loved ones could be so badly failed by those who were meant to care for them. I welcome today’s long overdue Government announcement, and I look forward to working with the inquiry team as they look to shape their terms of reference.
“I would like to thank all of those who have supported and joined our campaign over the years, from the other families who have shown bravery in sharing their stories, to the other campaigners and politicians who have backed us, and my legal team at Hodge Jones & Allen. In the more than 10 years since Mathew died, I have never given up hope that I will get him justice, and in his name, fight to improve the woeful mental health provision that impacts countless families each day.”
Dr Strathdee said she “wholeheartedly” welcomed the change but announced that she would be stepping down as inquiry chair due to personal health reasons.
She said: “I have been deeply honoured by the courage and trust of so many families and witnesses who shared their accounts with the [inquiry] team and me. I’ve been personally deeply touched by the experiences shared by those who have lost loved ones and have been mental health inpatients themselves.
“While I have spent my lifelong career working to improve mental health services, it has been a humbling opportunity to hear directly from those affected about what changes need to be made and I am inspired by the thoughtful insights and practical recommendations for improvements they have made. I will now take all of this learning to a new a chair – and handover the great privilege of leading this inquiry.”
Nina Ali, partner at Hodge Jones & Allen, representing around 80 families, said: “Today’s Government announcement is a testament to the fortitude of Melanie and the families in the campaign. Pressuring the government to change track is difficult, but the families have shown it is possible.
“It has long been clear that a statutory public inquiry is the only way to get to the bottom of the horrific standard of care provided to patients by mental health care services in Essex and we look forward to working with the inquiry team, and our clients, old and new, to ensure that the inquiry is effective.”
Marjorie Wallace, chief executive of mental health charity Sane, said: “The alleged failings that Dr Strathdee and her team are investigating – and the shocking stories we already know of – are not unique to Essex, they have been seen in other parts of the country. This inquiry is the country’s largest investigation into mental health services and the findings will not be unique to Essex.
“It should act as a catalyst in improving mental healthcare and propel a revolution in culture which will not cost a huge amount but take common sense and compassionate steps such as listening to parents and families in order to prevent unnecessary suffering and loss of life.”
