Mental health patients are among the most vulnerable in society, but services in England have been under huge strain for at least a decade, with sometimes fatal consequences.
The long-awaited Lampard Inquiry began on Monday, September 9 and is the first public inquiry specifically looking into mental health deaths.
It coincides with Medical Negligence Assist’s latest investigation into mental health clinical negligence across the NHS.
We revealed that the health service has paid out £121m over poor care in mental health and psychiatry services in the last five years including, £51m over claims related to death, £28m for claims relating to failures or delays in treatment and a further £18m over claims related to self-harm.
How Medical Negligence Assist Can Help You Following Mental Health Clinical Negligence
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Background To Our Research
The public Lampard Inquiry is set to focus on the deaths of more than 2,000 mental health patients under the care of the NHS in Essex but is likely to have wider implications for mental healthcare across the NHS.
The inquiry is prompted partly by the death of Matthew Leahy, a 20-year-old who died in November 2012 after he was found unresponsive in his room at a secure mental health unit in Chelmsford, eight days after he was sectioned.
An inquest found his death occurred after a “series of multiple failings and missed opportunities.”
Now a public inquiry backed by the government will include investigations into at least 2,000 deaths across Essex after the county has seen repeated failures over 20 years.
It is thought that what has happened in the county could be an indication of what is going on elsewhere. By examining those failures in detail, there could be implications for mental healthcare across the NHS.
How We Conducted Our Research
We sent Freedom of Information Requests to NHS Resolution, which deals with negligence claims on behalf of the National Health Service.
We asked for the number of clinical claims and incidents of negligence involving mental health or psychiatry have been lodged against NHS Trusts in the last five years.
We asked that NHS Resolution provide data between April 6 – April 5, 2019- 2024. We also requested a breakdown of the number of claims and incidents per NHS Trust as well as the amount of damages each trust had paid out.
Secondly, we asked for a breakdown of the leading causes of mental health and psychiatry negligence claims as well as the leading injuries.
Results
The NHS has paid out at least £121m over poor care in mental health and psychiatry services, a new investigation has revealed.
Data obtained by Legal Expert, found the staggering sum was paid out by healthcare providers over five years up to April 2024 to deal with clinical negligence claims.
That includes, £51m over claims related to death, £28m for claims relating to failures or delays in treatment and a further £18m over claims related to self-harm.
NHS Mental Health Clinical Negligence Claims by Primary Cause
NHS Mental Health Clinical Negligence Claims by Primary Injury
NHS Mental Health Clinical Negligence Claims by Trust Damages Paid
Herefordshire and Worcestershire NHS Trust has paid out more than £9m over poor care in mental health and psychiatry services, a new investigation has revealed.
It is the highest amount paid out of any other NHS Trust.
Since 2019, the trust has had 11 claims and incidents of mental health negligence reported to NHS Resolution, which handles negligence cases on behalf of the health service.
Of these, five were settled with damages totalling £9,314,336.
The trust was rated as “requiring improvement” by the Care Quality Commission (CQC) following an unannounced inspection in January.
It highlighted a host of issues including in its mental health crisis services where “the safety of young people when admitted to a health-based place of safety was not always well managed.”
The CQC report added that staff compliance with mandatory training fell below expected standards including “basic life support, fire safety training and Mental Health Act training.”
Herefordshire and Worcestershire Health and Care NHS Trust
No. of Claims and Incidents: 11
No. of Settled Claims: 5
Damages Paid: £9,314,336
Breakdown of Figures by Trust
Below, you can find each NHS Trust in alphabetical order that has settled mental health and/or psychiatry claims between 2019-2024.
Figures include; the number of claims and incidents reported to NHS Resolution during that time as well as the number of settled claims and the amount of compensation/damages paid out.
Avon & Wiltshire Mental Health Partnership NHS Trust
No. of Claims and Incidents: 29
No. of Settled Claims: 18
Damages Paid: £2,759,798
Barnet, Enfield and Haringey Mental Health NHS Trust
No. of Claims and Incidents: 34
No. of Settled Claims: 21
Damages Paid: £5,927,416
Berkshire Healthcare NHS Foundation Trust
No. of Claims and Incidents: 14
No. of Settled Claims: 6
Damages Paid: £1,53,560
Birmingham & Solihull Mental Health NHS Foundation Trust
No. of Claims and Incidents: 44
No. of Settled Claims: 18
Damages Paid: £856,799
Black Country Healthcare NHS Foundation Trust
No. of Claims and Incidents: 15
No. of Settled Claims: 9
Damages Paid: £464,053
Bradford District Care Trust
No. of Claims and Incidents: 13
No. of Settled Claims: 9
Damages Paid: £875,496
Cambridgeshire and Peterborough NHS Foundation Trust
No. of Claims and Incidents: 21
No. of Settled Claims: 12
Damages Paid: £4,383,762
Cheshire & Wirral Partnership NHS Foundation Trust
No. of Claims and Incidents: 29
No. of Settled Claims: 12
Damages Paid: £2,053,885
Cornwall Partnership NHS Foundation Trust
No. of Claims and Incidents: 22
No. of Settled Claims: 10
Damages Paid: £2,267,129
Coventry and Warwickshire Partnership NHS Trust
No. of Claims and Incidents: 21
No. of Settled Claims: 9
Damages Paid: £336,485
Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust
No. of Claims and Incidents: 66
No. of Settled Claims: 19
Damages Paid: £3,150,407
Derbyshire Healthcare NHS Foundation Trust
No. of Claims and Incidents: 23
No. of Settled Claims: 14
Damages Paid: £2,289,147
Devon Partnership NHS Trust
No. of Claims and Incidents: 17
No. of Settled Claims: 15
Damages Paid: £1,822,505
Dorset HealthCare NHS Foundation Trust
No. of Claims and Incidents: 12
No. of Settled Claims: 10
Damages Paid: £768,362
Dudley Integrated Health and Care NHS Trust
No. of Settled Claims: 6
Damages Paid: £328,450
East London NHS Foundation Trust
No. of Claims and Incidents: 66
No. of Settled Claims: 23
Damages Paid: £1,134,929
Essex Partnership University NHS Foundation Trust
No. of Claims and Incidents: 93
No. of Settled Claims: 38
Damages Paid: £7,338,877
Gloucestershire Health and Care NHS Foundation Trust
No. of Claims and Incidents: 9
No. of Settled Claims: 6
Damages Paid: £6,035,946
Greater Manchester Mental Health NHS Foundation Trust
No. of Claims and Incidents: 56
No. of Settled Claims: 22
Damages Paid: £737,376
Hertfordshire Partnership NHS Foundation Trust
No. of Claims and Incidents: 33
No. of Settled Claims: 17
Damages Paid: £679,227
Humber Teaching NHS Foundation Trust
No. of Claims and Incidents: 29
No. of Settled Claims: 5
Damages Paid: £719,835
Kent and Medway NHS and Social Care Partnership Trust
No. of Claims and Incidents: 57
No. of Settled Claims: 27
Damages Paid: £3,919,677
Lancashire and South Cumbria NHS Foundation Trust
No. of Claims and Incidents: 82
No. of Settled Claims: 20
Damages Paid: £2,154,761
Leeds & York Partnerships NHS Foundation Trust
No. of Claims and Incidents: 16
No. of Settled Claims: 11
Damages Paid: £3,503,009
Leicestershire Partnership NHS Trust
No. of Claims and Incidents: 38
No. of Settled Claims: 17
Damages Paid: £1,672,326
Lincolnshire Partnership NHS Foundation Trust
No. of Claims and Incidents: 51
No. of Settled Claims: 13
Damages Paid: £399,540
Livewell Southwest CIC
No. of Settled Claims: 5
Damages Paid: £430,774
Mersey Care NHS Foundation Trust
No. of Claims and Incidents: 92
No. of Settled Claims: 30
Damages Paid: £3,516,130
Midlands Partnership NHS Foundation Trust
No. of Claims and Incidents: 21
No. of Settled Claims: 12
Damages Paid: £1,784,703
Norfolk and Suffolk NHS Foundation Trust
No. of Claims and Incidents: 54
No. of Settled Claims: 27
Damages Paid: £1,336,418
North Cumbria Integrated Care NHS Foundation Trust
No. of Claims and Incidents: 11
No. of Settled Claims: 6
Damages Paid: £449,500
North East London NHS Foundation Trust
No. of Claims and Incidents: 50
No. of Settled Claims: 14
Damages Paid: £1,366,348
Northamptonshire Healthcare NHS Foundation Trust
No. of Claims and Incidents: 12
No. of Settled Claims: 7
Damages Paid: £1,823,417
Nottinghamshire Healthcare NHS Foundation Trust
No. of Claims and Incidents: 50
No. of Settled Claims: 14
Damages Paid: £1,639,586
Oxford Health NHS Foundation Trust
No. of Claims and Incidents: 29
No. of Settled Claims: 14
Damages Paid: £1,249,518
Oxleas NHS Foundation Trust
No. of Claims and Incidents: 49
No. of Settled Claims: 14
Damages Paid: £2,185,272
Pennine Care NHS Foundation Trust
No. of Claims and Incidents: 35
No. of Settled Claims: 13
Damages Paid: £4,729,401
Rotherham Doncaster and South Humber NHS Foundation Trust
No. of Claims and Incidents: 18
No. of Settled Claims: 8
Damages Paid: £794,305
Sheffield Health & Social Care NHS Foundation Trust
No. of Claims and Incidents: 17
No. of Settled Claims: 11
Damages Paid: £495,851
Somerset NHS Foundation Trust
No. of Claims and Incidents: 13
No. of Settled Claims: 8
Damages Paid: £239,452
South London & Maudsley NHS Foundation Trust
No. of Claims and Incidents: 40
No. of Settled Claims: 23
Damages Paid: £1,370,521
South West London and St George’s Mental Health NHS Trust
No. of Claims and Incidents: 27
No. of Settled Claims: 15
Damages Paid: £1,019,375
South West Yorkshire Partnership NHS Foundation Trust
No. of Claims and Incidents: 27
No. of Settled Claims: 14
Damages Paid: £817,574
Southern Health NHS Foundation Trust
No. of Claims and Incidents: 36
No. of Settled Claims: 21
Damages Paid: £1,444,111
Surrey & Boarders Partnership NHS Foundation Trust
No. of Claims and Incidents: 54
No. of Settled Claims: 12
Damages Paid: £1,506,950
Sussex Partnership NHS Foundation Trust
No. of Claims and Incidents: 46
No. of Settled Claims: 27
Damages Paid: £4,831,705
Tees, Esk and Wear Valley’s NHS Foundation Trust
No. of Claims and Incidents: 110
No. of Settled Claims: 28
Damages Paid: £2,556,476
West London NHS Trust
No. of Claims and Incidents: 33
No. of Settled Claims: 16
Damages Paid: £5,292,475
NHS Mental Health Clinical Negligence Claims by Trust Damages Paid
Our investigation revealed that Essex Partnership University NHS Foundation Trust had the highest number of such claims lodged against it out of all NHS Trusts.
Since 2019, 93 claims and incidents of mental health negligence have been reported to NHS Resolution, which handles negligence cases on behalf of the health service.
Of these, 38 were settled with damages totaling £7,338,877.
London Trusts
NHS Trusts across London have paid out a combined total of £23m over poor care in mental health and psychiatry services.
A total of 362 claims and incidents of mental health negligence have been reported to NHS Resolution regarding London Trusts since 2019.
Of those 158 have been settled with damages totalling £22,579,885.
Barnet, Enfield and Haringey NHS Trust paid forked out more than £6m in psychiatry negligence claims – the highest amount of any other London Trust.
The highest number of claims and incidents however, were recorded at East London NHS Foundation Trust where 66 instances were reported to NHS Resolution which handles negligence claims on behalf of the health service.
South London & Maudsley Trust settled the most amount of mental health negligence claims forking out £1.4m for a total of 23 claims lodged against it.
