Sophie's Fatal Accident Inquiry
Donation protected
How do we ensure that young people with mental health problems get the help they need - and quality help?
One way is to ensure that when things go wrong, organisations learn from what happened and correct the failings. That way, future children will get better care.
But for that to happen, investigations need to be well carried out, robust, have all the arguments presented and for all people involved to have the same level of representation.
Let me explain..........
Sophie was my daughter. She was a millennium baby and as most parents will understand, along with her brother, she was my world.
In 2008, after having had some early difficult childhood experiences which I won't go into here, she was struggling with low mood. Her Dad had moved to China and had little to no contact and we had had to move house a few times due to finances. She was referred to the Child and Adolescent Mental Health Service (CAMHS), who had interaction with her until 2014 when Sophie passed away.
Sophie died by suicide at 13, at home, after a long battle with her feelings and poor mental health.
It's every parent's nightmare situation. This is not the place to explain that grief. But it is only because of my family, friends and psychological help that I am still standing.
During Sophie's time at CAMHS, I believe that there were huge system failures in Sophie's care......time after time, Sophie was not believed, my views as a parent were ignored, letters weren't answered, notes weren't made and drugs prescribed that required increased scrutiny. Risk assessments weren't done and safety plans lost. Communication between organisations was virtually non-existent.
Following Sophie's death, there was an inadequate investigation by the NHS. But to makes matters worse, the Scottish Fatalities Investigation Unit (SFIU) also made many mistakes in properly investigating the circumstances of Sophie's death. I had 4 Procurator Fiscals in 3 years, no joy from their complaints procedure and finally, I approached the Scottish Ombudsman (SPSO).
This year, the Ombudsman ruled in my favour, saying that I had been badly let down by the SFIU. This is the service that is supposed to impartially investigate deaths that are in the public interest. I received a full apology from the Crown Office.
Nearly 6 years later and a Fatal Accident Inquiry has been called......a Fatal Accident Inquiry, where every witness has legal representation except for the family of the person who died.
Unfortunately, the only people in this process without a voice, are the families of those people who have died. Families don't have the cash for legal representation in inquiries, even when all other large institutions do. The NHS, clinicians, school, police, other agencies will all have legal advice and barristers. They know the system. I don't. I didn't know what forms to lodge, how to call witnesses, all the incredibly complicated processes involved in a court case and I'm not skilled in interrogation, cross examination. This doesn't feel like justice and I want to make sure that my daughters case has every aspect of her care examined properly. She and others who come after her deserve justice.
The Government will say that the Procurator Fiscal Service is there to represent the family. But in our case, this is simply not the case. The Procurator Fiscal was shown by the Ombudsman to be inadequate and the same Procurator is leading the case for the Crown.....for example, at present, they haven't called any of the clinicians as witnesses (form 3.7).
So, to get a truly 'fair' inquiry, I am have approached a solicitor and have managed to get a junior barrister to help. We have spent our savings and borrowed money.
But this is a case that will last up to 3 weeks and cost tens of thousands of pounds (barristers charge between £350 and £500 per hour).
Because it is a Fatal Accident Inquiry, it is an investigation and not a case where damages are awarded. So anything we spend is gone - there will be no recompense.
My husband and I earn over £14,000 each which is the threshold for getting legal aid. I put in an application anyway to no avail.
So I am appealing.......to anyone with an ear to listen and a belief in having justice for families. The court costs are likely to be £20,000. My gratefulness for anyone helping in even the smallest way can't be expressed in words. Let's just say, it's immense. And if I get the chance to help others in future in the same way, I will.
One way is to ensure that when things go wrong, organisations learn from what happened and correct the failings. That way, future children will get better care.
But for that to happen, investigations need to be well carried out, robust, have all the arguments presented and for all people involved to have the same level of representation.
Let me explain..........
Sophie was my daughter. She was a millennium baby and as most parents will understand, along with her brother, she was my world.
In 2008, after having had some early difficult childhood experiences which I won't go into here, she was struggling with low mood. Her Dad had moved to China and had little to no contact and we had had to move house a few times due to finances. She was referred to the Child and Adolescent Mental Health Service (CAMHS), who had interaction with her until 2014 when Sophie passed away.
Sophie died by suicide at 13, at home, after a long battle with her feelings and poor mental health.
It's every parent's nightmare situation. This is not the place to explain that grief. But it is only because of my family, friends and psychological help that I am still standing.
During Sophie's time at CAMHS, I believe that there were huge system failures in Sophie's care......time after time, Sophie was not believed, my views as a parent were ignored, letters weren't answered, notes weren't made and drugs prescribed that required increased scrutiny. Risk assessments weren't done and safety plans lost. Communication between organisations was virtually non-existent.
Following Sophie's death, there was an inadequate investigation by the NHS. But to makes matters worse, the Scottish Fatalities Investigation Unit (SFIU) also made many mistakes in properly investigating the circumstances of Sophie's death. I had 4 Procurator Fiscals in 3 years, no joy from their complaints procedure and finally, I approached the Scottish Ombudsman (SPSO).
This year, the Ombudsman ruled in my favour, saying that I had been badly let down by the SFIU. This is the service that is supposed to impartially investigate deaths that are in the public interest. I received a full apology from the Crown Office.
Nearly 6 years later and a Fatal Accident Inquiry has been called......a Fatal Accident Inquiry, where every witness has legal representation except for the family of the person who died.
Unfortunately, the only people in this process without a voice, are the families of those people who have died. Families don't have the cash for legal representation in inquiries, even when all other large institutions do. The NHS, clinicians, school, police, other agencies will all have legal advice and barristers. They know the system. I don't. I didn't know what forms to lodge, how to call witnesses, all the incredibly complicated processes involved in a court case and I'm not skilled in interrogation, cross examination. This doesn't feel like justice and I want to make sure that my daughters case has every aspect of her care examined properly. She and others who come after her deserve justice.
The Government will say that the Procurator Fiscal Service is there to represent the family. But in our case, this is simply not the case. The Procurator Fiscal was shown by the Ombudsman to be inadequate and the same Procurator is leading the case for the Crown.....for example, at present, they haven't called any of the clinicians as witnesses (form 3.7).
So, to get a truly 'fair' inquiry, I am have approached a solicitor and have managed to get a junior barrister to help. We have spent our savings and borrowed money.
But this is a case that will last up to 3 weeks and cost tens of thousands of pounds (barristers charge between £350 and £500 per hour).
Because it is a Fatal Accident Inquiry, it is an investigation and not a case where damages are awarded. So anything we spend is gone - there will be no recompense.
My husband and I earn over £14,000 each which is the threshold for getting legal aid. I put in an application anyway to no avail.
So I am appealing.......to anyone with an ear to listen and a belief in having justice for families. The court costs are likely to be £20,000. My gratefulness for anyone helping in even the smallest way can't be expressed in words. Let's just say, it's immense. And if I get the chance to help others in future in the same way, I will.
Organizer
Ruth Moss
Organizer
