John Bannon MBE
a leading campaigner for patients’ rights
I was absolutely astonished to learn of the case of Robert Lapsley as highlighted by Kenneth Roy in the Scottish Review, and in particular the way Robert and his family have been treated at the hands of the NHS and the local authority.
I thought the days of treating patients like Robert in institutionalised care were well and truly over but it appears from the Scottish Review exposé that such services and models of care are very much in existence and that, to me, is totally unacceptable. This case has highlighted the need for a full and thorough review of Robert’s care by the chief executive of Forth Valley Health NHS Board and by the chief executive of the local authority.
Why has the local authority involved itself in Robert’s care when not one member of Robert’s family has asked for a care needs assessment? Who did ask the local authority for a care needs assessment and why was Robert or his family not consulted? Have those at Falkirk Infirmary not realised that treating epilepsy in such a fashion is no longer acceptable to society and that the vast majority of institutionalised care was, in fact, abolished with the introduction of the Community Care Act 1990?
What a way to treat a human being and his family. In the NHS of today everyone has the right to be consulted about their own care with their carers and loved ones also having the right to be consulted but from what the Scottish Review highlighted proper procedures do not appear to have been followed in this case and the chief executive of Forth Valley NHS really ought to launch an immediate and thorough investigation as should the chief executive of the local authority.
After the NHS and local authority complaints procedure has been exhausted Robert’s family have the right to ask the Scottish Public Services Ombudsman to undertake a review of their complaint and they should certainly go down that route.
Who is protecting Robert’s interest in all of this? Who is offering support to his family? Why has the Mental Welfare Commission not been involved? Have the family sought the advice of the Office of the Public Guardian which was established to support and promote decision-making for those who would like to plan for their future, within the framework of the Mental Capacity Act 2005? These organisations were established to give patients like Robert protection.
Any lessons learned from this sad and tragic case must be learned as everyone deserves to be treated with respect, dignity and humanity, yet Robert Lapsley has been so badly let down by a system which had been established to protect the most vulnerable members of our society. We must never allow there to be another Robert Lapsley. If we do, we will have failed the very people who need us and our protection most.
John Bannon MBE has been a member of various NHS boards for
the past 21 years
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No 282
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