Trust told to pay £80k over death
Date published: 04 August 2016
HOLLINGWORTH LAKE
A MENTAL health trust has been ordered to pay more than £80,000 after admitting failures which resulted in a patient killing himself while in its care.
Mohammed Mansoor Elahi drowned during a canoeing activity at Hollingworth Lake, Littleborough, in September 2013.
The 31-year-old, who had a history of self-harm and had previously tried to take his own life on several occasions, took off his buoyancy aid and jumped into the water but was rescued by instructors.
They managed to pull him back on to the boat, but Mr Elahi managed to once again remove his buoyancy aid and entered the water a second time.
Despite the best efforts of instructors and another patient, they were unable to save Mr Elahi and his body was discovered about six hours later.
In February, Pennine Care NHS Foundation Trust pleaded guilty to two breaches of health and safety regulations.
Manchester Crown Court heard how there had been no risk assessment carried out by Birch Hill Hospital for the canoeing activity at all, despite it having been running for two years.
Even the trust's own health and safety manager was unaware that such activity was taking place, it was said.
Prosecuting on behalf of the Health and Safety Executive (HSE), James McKeon said that Mr Elahi should never have been allowed to take part in the activity, and that just three weeks before his death, while out with his brother, had tried to enter the same lake.
Mr McKeon argued that the trust should have reviewed Mr Elahi's suitability to take part on several occasions - first when one mental health worker was unable to attend due to illness, and the second when the only other mental health worker supervising had to stay on the shore with another patient when they too became unwell.
Defending Pennine Care, James Ageros said that Mr Elahi was believed to have been progressing well with his treatment, and that outdoor activities and supervised leave are encouraged to help with that progression. He explained that the trust serves 1.1 million patients, and that at a time when the NHS was facing "unprecedented financial pressure", any fine imposed by the judge would have a significant impact on services.
Judge David Stockdale QC imposed a fine of £30,000, with costs of £51,223.88, and a victim surcharge of £120. After the sentencing, Mr Elahi's family said the ordeal has caused them to lose trust in the mental health services of Pennine Care.
They said: "Mansoor was a loving, caring and immensely pleasant son, husband, brother, uncle and friend. He never failed to make those around him happy and we felt that a massive piece of our life and soul has been taken away from us.
"This immensely difficult time, which has now spanned over two years, has left us with no choice but to unfortunately lose trust in the mental health services at Pennine Care NHS Foundation Trust.
"We hope and pray that some positive changes can come from these events so patients are no longer put at risk."
HSE inspector Caroline Shorrock added: "Mr Elahi's actions were entirely foreseeable as he had tried to enter the lake on a previous occasion.
"The failure to carry out a suitable assessment allowed a vulnerable person to end his own life."
Dr Henry Ticehurst, medical director for Pennine Care, said: "In pleading guilty to charges under the Health and Safety Act, we acknowledge that the risk assessment was inadequate.
"All risk assessments and health and safety procedures carried out on behalf of the trust in relation to recreational activities have been strengthened significantly."
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