National Preventive Mechanism Tenth Annual Report 2018–19
discharging people due to a lack of suitable
care in a non-hospital setting.93
In June 2019, the CQC reported on a review
of the Mental Health Act Code of Practice.94
Concerningly, it found that providers lacked
understanding about how to promote, apply
and report on the guiding principles in the
Code, which included the principles of using
the least restrictive option and maximising
independence, as well as involving and
empowering patients, and treating them
with dignity and respect. It proposed that
further joint working was needed to ensure
people in need of urgent care have timely
access to a bed that is close to home, in line
with the expectation of section 140 of the
Mental Health Act.
CQC reported a continued general trend of
improvement in England, but a deterioration
in ratings for safety in mental health
services, which it attributed to shortages
of staff and a lack of qualified staff.95 For
example, people who needed support from
mental health, learning disability or autism
services were more likely than people
without these conditions to get poor care
or be at crisis point before they received
the care they needed. They were also likely
to be detained in unsuitable services far
from home because they had not been
helped sooner or were unable to access
care at all. In particular, CQC stated that
too many people with a learning disability
and/or autism were in hospital because
of a lack of local community services.
Since October 2018, CQC has rated 14
mental health hospitals that admit people
with a learning disability and/or autism
‘inadequate’ and placed them under special
measures.96 In the majority of mental health
inpatient services rated as ‘inadequate’ or
‘requires improvement’ since October 2018,
the inspection reports identify a lack of
appropriately skilled staff as an issue. CQC
also reported that there was a 14% fall in
the number of mental health beds between
2014–15 and 2018–19.
In May 2019, BBC's Panorama exposed a
culture of abuse at Whorlton Hall, a secure
hospital for people with learning difficulties
and/or autism in County Durham. Camera
footage showed staff physically abusing and
bullying and intimidating patients. CQC has
commissioned an independent review into
its regulation of Whorlton Hall by Professor
Glynis Murphy.97
93
Care Quality Commission, May 2019, Interim report: Review of restraint, prolonged seclusion and segregation for people
with a mental health problem, a learning disability and or autism, https://www.cqc.org.uk/publications/themed-work/
interim-report-review-restraint-prolonged-seclusion-segregation-people [accessed 05/12/19]
94
Care Quality Commission, June 2019, Mental Health Act Code of Practice 2015: An evaluation of how the Code is being
used, https://www.cqc.org.uk/publications/major-report/mental-health-act-code-practice-2015-evaluation-how-codebeing-used [accessed 05/12/19]. Note the review was requested from the Department of Health and Social Care (DHSC)
during the reporting period.
95
Care Quality Commission, October 2019, State of Care 2018–19, https://www.cqc.org.uk/publications/major-report/statecare#access [accessed 13/01/20]
96
These figures are taken from CQC’s State of Care 2018–19 (ibid). The data used comes from CQC’s inspections and ratings
published as at 31 July 2019, meaning that some of these ratings may have been made outside of the timeframe of this
annual report.
97
BBC, 22 May 2019, Whorlton Hall abuse and how it was uncovered, https://www.bbc.co.uk/news/health-48369500
[accessed 13/01/20]; Care Quality Commission, 19 June 2019, Update on independent review into regulation of Whorlton
Hall, https://www.cqc.org.uk/news/stories/update-independent-review-regulation-whorlton-hall [accessed 13/01/20]
34
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