Further to the protest held at the Scottish Parliament last Thursday 9 November 2023, I have today written again to the First Minister of Scotland, asking for action to resolve this national scandal. 

We last wrote to First Minister Nicola Sturgeon bluntly in December 2021 (see earlier update First Minister : Literally you do not know what you are talking about!) The reply from her Civil Servants was frosty, informing us that future communications would not get a reply, and instructing us that Petitions to the Scottish Government must be delivered via the Scottish Parliament's Citizen Participation and Public Petitions Committee. Maybe we shall get the same response this time. But we have to try.

Our Petition PE01849 in the Scottish Parliament was lodged on 30 November 2020 and closed on 13 January 2021 ahead of the dissolution of Parliament on 4 May 2021. We are hoping to renew that Petition soon. 

Barry Gale, Petitioner

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Dear First Minister Humza Yousaf MSP

'Locked In the Hospital Protest' at the Scottish Parliament

Last Thursday 9 November four mothers protested outside the Scottish Parliament against the detrimental detentions under the Mental Health Act of their autistic/learning disabled sons in secure psychiatric units. Two are detained in conditions of the highest security at The State Hospital, alongside psychopathic murderers and rapists. Two are detained at Woodland View Hospital, Irvine.

These detentions have gone on far too long and are causing more harm than good. Attached is our Petition signed by 2691 people asking the Scottish Government to stop making excuses and take effective action to end this national scandal.  

Kyle Gibbon, Gordon Hughes, Jamie Henry and Fraser Malcolm are detained inappropriately and unnecessarily in conditions of excessive security. They have not committed any crime beyond resisting restraints at the hospitals. Their behaviour does not meet the Forensic Network's own Guidance-on-Patient-Referral-to-High-Medium-Security-FINAL.pdf (scot.nhs.uk).

Their detention periods (3-14 years) are far longer than any custodial sentence which they could possibly have been given, and far longer than is reasonable to 'cure' them of any mental illness they are claimed to have. Isolation from the families, their communities and routines, loss of hope of ever getting out of hospital, and unnecessary psychotropic medication, is making them worse not better.

Although there is a statutory appeals process, it does not work for the patient, it is not effective. It is heavily focussed on psychiatric opinions, especially that of the detaining clinician, also those of their colleagues in the same role in other hospitals. Appeals are rarely (never?) won without the support of the detaining clinician. In the Mental Health Act 2015 the SNP Government made it even harder for patients to appeal against Conditions of Excessive Security by requiring that applications must be supported by a favourable medical opinion. Even when patients do win an appeal against Excessive Security, their reward is not to be returned to the community but to be moved to another secure psychiatric hospital, if and when a bed becomes available.

The plight of these families was broadcast on 15 August 2022 in a BBC Scotland Disclosure documentary titled 'Locked in the Hospital' : The patients locked in secure hospitals for decades - BBC News. During that documentary Kevin Stewart MSP, Minister for Mental Wellbeing & Social Care at that time, said :

"That situation is unacceptable. I am determined that we do much better here. It is vital that we get it right for individuals because each day that they are away from their family, their friends, their community, is a lost day, and we must do better in this regard. That's why we have the determination to get it right for people as we move forward." 

However, no progress has been made for these patients since the programme was broadcast. Nobody has taken responsibility to make change happen. The current Minister, Maree Todd MSP, and the Mental Welfare Commission, both insist that there is no injustice here, no breach of human rights.

What are the problems? In our opinion :

(1) the hospitals do not acknowledge that the restrictions placed on these patients' liberty, and the unnecessary medications which are forced on them, are the cause of the behaviour and symptoms for which they continue to be detained and treated;

(2) the hospitals are excessively risk averse, their assessments are based on fears about what might happen rather than on what has actually happened; whereas positive risk taking is recommended by UK experts;

(3) the patients and their family carers are excluded from decision-making about treatment, care and discharge planning; their values and goals and their knowledge of what works best for them are being ignored.

What needs to be done?

Unless the Scottish Government and/or the Mental Welfare Commission put pressure on the hospitals to work collaboratively with the patients and their families, a change in the law is required to restore decision-making to those whose lives are affected and who have the most to lose. The Scott Review neglected to make any recommendations which would help these patients to get home.

First Minister, what will your government do to end this national scandal? Will you honour the promise of Kevin Stewart MSP to make a determined effort to "do better" by taking urgent action? Will you listen to the voices of Lived Experience? Or will you continue to listen to the gaolers, whose 'expert treatment' is not working, and make excuses for doing nothing?

Sincerely

Barry Gale
on behalf of the mothers (Tracey Gibbon, Ruth Hughes, Sylvia Shirley McMahon and Karen Malcolm) and their sons, and the many supporters who signed the attached Petition  

Petition : Release people from secure psychiatric hospitals who don't need to be there 
https://chng.it/dKhcKkmG75