|Type of paper:||Essay|
|Categories:||Criminal law Judicial system Criminal justice|
Caring Solutions (UK) Ltd. was assigned the responsibility of investigating the treatment services offered to Mr De from an institution labeled South London and Maudsley NHS Foundation Trust. Mr. De was arrested in November 2011 with the accusations that he had murdered a young woman who was his lover at the time of her death. The perpetrator had been getting mental health services from the Trust since the time of admission in March 2011 when it was claimed that he had committed an offense related to public disorder. At the time of the killing, Mr De was getting treatment services from Lewisham Early Intervention Service (EIS), and it was clear that there was no evidence of previous treatment for mental issues. In 2013, he was charged with manslaughter in a contested trial.
The victim was Miss FG, who was known to visit risky places in her teens, and she preferred to remain in the company of old men, and this is how she gets to start a relationship with Mr De. In 2011, the lady had claimed that he had a boyfriend though she never discussed his identity. Therefore, to known the truth on the identity of the killers and the health situation of Mr. De, NHS England (London) decided to undertake an independent investigation, and this was when the Caring Solutions was recruited to undertake the investigation process.
According to the law, it is necessary to undertake an independent investigation in the instances of a murder being committed by an individual that was admitted to mental unit six months prior to the commission of the crime. The primary reason behind this is to make sure that there is a determination of whether there exists any weakness in the provision of the health care process, present any recommendations that may be undertaken to improve the treatment process, and circumstances that are incorporated in the treatment process.
Summary of Recommendations
Some of the recommendations raised after the case inquiry include the need for Lewisham Early Intervention Service (EIS) team to know the Care Programme Approach(CPA) importance, the health care plan formulation, and risk assessments. The practitioner performance and management processes should be undertaken in the right way, and the supervision process should be certified all time to ensure that high-performance processes are realized (Hudson & Hardy, 2001). The professionals should work together when planning tasks, and undertaking the management processes for this will help in running the services of Trust. The implementation process should be reviewed regularly with the progress audit taken to determine if there exist any loopholes that should be rectified.
When undertaking the clinical documentation, the staff members should be reminded of the Trust minimum standards which revolve around the care planning, risk identification, and the realization of the correct documentation process ( Gerrand et al., 2016). Another recommendation called for the need to ensure that the Lewisham EIS team is getting regular training processes on two main components, which are Clinical Risk Assessment and Management and CPA relevance. The various stakeholders involved in the management of the mental health treatment activities should be offered additional training on risk management (Ng, 2019). The challenges faced by trust are likely to undermine the operations of this entity, and there is a great need to ensure that all problems are resolved in the right way.
Legal Aspects of the Case
Some of the legal aspects that are raised in this case include the approach that is followed when undertaking the investigation. The process being done should not be a duplication of the early internal investigation, but it should rather work on building the information search done earlier. Any serious issue of concern that may arise in the investigation should only be reported to the Trust and NHS England with immediate effect. Additionally, the law dictates that an investigation must be done if an offense is committed by a person that had been admitted to a mental unit six months before the commission of the act (England, & Improvement, 2019).
The review outcome should always be made public, and the NHS England is accorded the responsibility of determining the nature and publication form. The element of confidentiality is covered by the law, and all the details on the patients that are being investigated should be kept confidential. The report of the completed investigation has the data and information pertaining to the treatment and clinical care that was offered to the user (Feng et al., 2019). Therefore, the Data Protection Act will be relied on in this case to ensure that the information obtained remains secure. Health care providers are held accountable, and they are supposed to ensure that the information that they hold on a patient is secure for it is governed by the Human Rights Act (Burn, Fleming, Brayne, Fox, & Bunn, 2018). Any breach can lead to fines, imprisonment, and penalties that may be enforced by a state. Based on the details highlighted in this case, the NHS London should create a balance that will help in ensuring that the patient details are protected, and the physician manages to discharge their duties in the right manner.
The laws require that care and support should be offered to all the persons that are involved in such a case. The victims, perpetrators, and their families should be supported in their journey to find the truth and seek justice. The NHS England, Foundation Trust, and Independent Investigation Panel have a primary responsibility of ensuring that the needs of the people involved in a murder case are managed in the right way. The National Patient Safety Agency (NPSA) principles should be followed all the time, and they advocate for acknowledgment, truthfulness, communication clarify, timeliness, and apology principles (Cole, Breakwell, & Hutton, 2019).
The perpetrator and the victims should be afforded adequate time and care to ensure that they are in a position to stand the investigation process. According to the legal guidelines, everyone is considered to be innocent until a court of law determines that they are guilty. Therefore, in the course of the trial, Mr. De is regarded as innocent until the findings are provided to determine if he stands to get a trial for the killing of Miss FG. All the stakeholders, in this case, should be notified of what happened, the reason why and how the action took place, what can be done to stop it from affecting another person, and the account of events. In this case, the law provided that a postmortem must be contacted when there is a homicide killing, and in this case, it was done revealing that there were multiple wounds from stabbing and haemorrhage (Schumann, 2017).
Any suspect that is arrested in line with the crime committed must be questioned, and evidence should be collected to charge the suspect. An individual can only be convicted if there is adequate evidence to connect the person to the murder committed. However, if the details are not adequate, it is essential that the suspect is released (Long et al., 2018). If it seems that if a suspect is not of sound mind, they are supposed to be directed to the right healthcare facility for treatment as they await the trial.
It is essential to scrutinize previous healthcare records to determine if they have a past issue with the health process. These are some of the main legal details that should be considered when analyzing this case.
Local Impact on Service Delivery
Making sure that there are quality healthcare services is the primary goal that the various players in the health care sector should seek to realize. Therefore, the various policies that are adopted by the different players interested in the health care sector should work towards ensuring that there is a reduction in the number of people experiencing mental health issues. The national policy drivers cover the policies that are adopted by the United Kingdom government with the primary aim of developing the healthcare process and offer services. Target Setting is one of the mechanisms that is adapted to manage mental services in the United Kingdom (Harper, 2019). The program has a positive effect on the local service delivery processes, and it helps in work prioritization and service provider planning.
The targeting process helped to ensure that the patients that are suffering from mental issues reduce with time, and the ones that are suffering from the problem are getting adequate health care processes (Harder, Wagner, & Rash, 2016). The Local Area Agreements and Joint Strategic Needs Assessment are helping in ensuring that the policy is being applied in the local area. Practical policy guidelines are published, and they are intended to offer information on the measures that can be adapted to low the number of incidences.
The United Kingdom government has adopted another policy that works on choosing health and ensuring that the choices selected are easier to implement. The government seeks to offer information and support to the people affected by the problem, and this will ensure that people realize their well-being and service access. The Local Authorities and Primary Care Trusts are required to engage in a Joint Strategic Needs Assessment in the future and current health needs of society. The assessments and findings will help in reducing health care inequalities (Andersen, 2018).
The balance of secondary and primary care processes has a positive effect on the local service delivery on healthcare services, and the developed resources centers are playing a significant role in supporting existing primary care models. The National Health Service (NHS) is working on measures that will ensure that the patients that are experiencing mental health issues are undertaking the right form of treatment. Mental illness is triggered by many factors, and understanding them is one of the significant ways of seeking treatment for the problem. Therefore, the NHS has established centers for disease control around the country (Marwood & Hearn, 2019).
It is engaging in programs that will let the public notice the possible assumptions and causes of mental illness and ensure that it seeks the right treatment processes. The health care department has partnered with other sectors of the economy, with the sporting world being used to create awareness on the mental illness that is affecting society and causing many deaths. In the last one year, the Football Association in the United Kingdom has partnered with the health sector, and they are delaying the starting of the FA Cup with a minute, and this is aimed at sensitizing the players and public in general on the benefits of speaking out when stressed. Getting engulfed with a lot of thoughts is causing a number of players to commit suicide and their football careers to stall, and this highlights the importance of getting people to understand the havoc caused by mental problems (Berry, Bucci, & Lobban, 2017).
The Duke of Cambridge, Prince William, has played a role in undertaking sensitizing programs, and these measures are playing a vital role in the local delivery of health care services. The social care department is ensuring it is working closely with NHS, The Trust, and other organizations that are involved in the management of mental health issues to offer guidance and support. When people’s minds are stable, they are likely to remain in a healthy way and this will help to lower the occurrences of mental illness (Mooney et al., 2017).
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