A Coroner has found that a lack of clarity around applying for a warrant under the Mental Health Act may have affected the death of a vulnerable man.
IKP acted for Ms Wendy Bainborough, the sister of Ronald (‘Ronnie’) Bainborough, in the Inquest into Ronnie’s death. Counsel Christopher Mellor, of One Crown Office Row, was instructed. The Inquest took place before Sarah Bourke, HM Assistant Coroner, for the coroner area of Inner North London, and concluded on 14 July 2024.
Ronnie was 52 years old. He lived in Supported Living Accommodation since 2017. He had a history of Schizophrenia and substance misuse.
The Inquest heard that Ronnie had a history of non-engagement with mental health services and physical health care. He was discharged from metal health service in 2022. He had been underweight for some time, and this was related to his mental health.
The Inquest heard that attempts were made to assess Ronnie under the Mental Meath Act after his mental health and physical heath declined in June 2023. His physical health declined further and he was admitted to Homerton Hospital, on 29 August 2023, where he subsequently died.
The Coroner concluded that there was “a possibility that a lack of clarity about the responsibilities for, and consequent delay in applying for, a warrant under Section 135(i) of the Mental Health Act, affected the outcome of Ronnie’s hospital stay.”
Following Ronnie’s death, the Coroner has written a Prevention of Future Deaths report, to the Rt Hon Shabana Mahmood, Secretary of State for Justice, Ministry of Justice, and to Sir Mark Rowley, Commissioner of the Metropolitan Police. She has raised several concerns, namely that:
During the Inquest, evidence was heard from 2 consultant psychiatrists and an Approved Mental Health Act Professional (AMHP) regarding the timescales for applying for and executing s135(1) warrants. All of them had concerns about the time taken for a warrant to be issued and executed.
The warrant application was submitted to the Magistrates Court on 18 August 2023, the hearing took place on 23 August and it was intended that the warrant would be executed on 7 September 2023. This was a timescale of 20 days. The jury was told that this timescale was typical of the time taken to apply for and execute a s135(1) warrant in the experience of the professionals giving evidence at the Inquest.
Applications for a warrant are heard at Westminster and Uxbridge Magistrates Courts which consider applications from all 32 London Boroughs. There are a limited number of video hearing slots, so AMPH teams may have to wait several days for a hearing. Once a warrant has been issued, an appointment then needs to be arranged for police officers to execute the warrant. The evidence before the court was that it would generally take in the region of 10 days for an appointment to be scheduled.
There is no official fast track procedure. Consequently, there is a risk of harm to the individual and others during the time taken for a warrant to be granted and executed.
As individuals have been identified as requiring assessment under the Mental Health Act, the risk of potential harm is recognised. In the absence of treatment, there is an ongoing risk that individuals will harm themselves or others before the warrant can be executed. This includes a risk of fatal harm.