Borders Health Board Response

 
SHERIFFDOM OF LOTHIAN AND BORDERS AT SELKIRK SHERIFF
COURT
Court Ref: SEL-B82-24
RESPONSE
to the
DETERMINATION OF SHERIFF PATERSON
UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS
ETC. (SCOTLAND) ACT 2016
IN THE
INQUIRY INTO THE DEATH OF HARRIS JAMES MacDONELL

To: The Scottish Courts and Tribunals Service

1. Borders Health Board being a party to whom a recommendation under Section 26(1)(B) was addressed do respond as follows:

2. Borders Health Board was a participant in the Inquiry.

3. In the Determination, the Sheriff made a recommendation in terms of sec 26(1)(b) of the 2016 Act which states: “that entry and exit to Huntlyburn Ward should be controlled.”

During the Fatal Accident Inquiry, evidence was led about the existing controlled entry system in place in Huntlyburn Ward, whereby access to the ward is gained via either a staff ID badge or by pressing the buzzer to gain entry and a button requires to be pressed to enable exit from the ward. This system of controlled entry and exit from the ward was also in place in 2018.

Since receiving the FAI Determination, Borders Health Board has met with the Mental Welfare Commission (MWC). The MWC advised that they do not have any clinical concerns over the current arrangements in place for entry to and exit from Huntlyburn Ward and have never raised this as a concern during visits. The MWC’s emphasis was the necessity of assessing this on an individual basis to balance the rights and safety for patients. The MWC confirmed that their guidance emphasises the importance of creating a therapeutic environment that supports autonomy and dignity. The "Rights in Mind" Guide highlights that patients should feel safe and respected throughout their care journey and implementing practices that align with these guidelines can help ensure that the mental health unit provides a supportive
and effective therapeutic environment. The MWC will not give a definitive recommendation or policy around door locking but they do provide the best practice guidelines around care and treatment, of which they say NHS Borders Mental Health Services have always managed well.

Further, within Huntlyburn Ward, risk assessment is carried out on a daily and dynamic basis to take into account individual patient circumstances. This allows for the ward to be locked where necessary if the presence of a particular patient or group of patients requires it. Mental Health Services are actively reviewing and engaging with providers for new technology for door exit and entry which would
further modernise the system currently in place.

Borders Health Board will continue to liaise with and be guided by the MWC on best practice in providing and maintaining a supportive and effective environment for its patients.

NOTES

(Please refer to section 28 of the Act. A person to whom a recommendation has been addressed under section 26(1) of the Act, if they were also a participant in the inquiry, is under a legal duty to respond to those recommendations in writing. Persons who were not
participants but to whom recommendations have been directed are encouraged to respond, though they are not obliged to.

The response must set out–

(a) details of what the respondent has done or proposes to do in response to the recommendation, or

(b) if the respondent has not done, and does not intend to do, anything in response to the recommendation, the reasons for that.
A response must be given to the Scottish Courts and Tribunals Service within the period of 8 weeks beginning with the day on which the respondent receives a copy of the determination in which the recommendation is made.

The response may be published, though you may make representations to SCTS as to the withholding of all or part of the response from publication.

A response made under section 28(1) is not admissible in evidence, and may not be founded on, in any judicial proceedings of any nature).