Tragic tale of a mentally disturbed woman now facing jail for misusing and over using the NHS

Judge Rebecca Brown’s wig on display at Milton Keynes Museum

A very poignant hearing for contempt by a mentally disturbed woman was held at Milton Keynes County Court last week presided over by Her Honour Judge Rebecca Brown.

Gillian Marriott was facing a committal hearing brought by Thames Valley Police for breaching a court order made two years ago which banned her from contacting the emergency services or attending Stoke Mandeville Hospital in Aylesbury except in a genuine medical emergency. She is now facing two six month prison sentences and the possibility of a much longer prison sentence if she breaches the order for the next two years. She had already been remanded in custody before the hearing.

The judge took the decision in her absence and without any statement by her in her defence but she was represented by a lawyer.

I am highlighting this story because it neatly encapsulates in one episode what is going wrong with mental health treatment, what is happening to a pressurised NHS in the current crisis and the desperation of public authorities to deal with disturbed people by deciding that incarceration in a prison is the only solution. I don’t know the woman concerned but her situation is very well summed up by the judge in her ruling.

114 calls to 999 and 217 calls to the 111 services

Thames Valley Police who brought the case say she “has made 114, 999 calls and 217, 111 calls reporting various medical episodes. These
have all been triaged and checked causing demand on the service unnecessarily” and had attended ” Stoke Mandeville Hospital on occasions which were not for genuine medical need. It is alleged that the defendant attended Stoke Mandeville Hospital on the 23rd of March 2022 claiming an overdose but all her vitals we checked and found to be normal.”

Stoke Mandeville Hospital Pic credit: BBC

The court were told she turned up at Stoke Mandeville claiming to have taken an overdose on “7th of April 2022 , 11th of April 2022 , 13th of April 2022 , 15th of April 2022 , 21st of April 2022 , 26th of April 2022 , 22nd of May 2022 and 3rd of June 2022.”

She also turned up at the accident and emergency department claiming she had taken an overdose on the 15th , 19th , 21st 27th , 28th and 29th of June 2022 and the 18th of July 2022.

She admitted turning up but claimed she had genuinely thought she was ill and needed treatment

Her psychiatrist, Dr Srikanth Nimmagaddam said in a statement to the court that she had ” a history of being brought up in an overprotective environment in the context of the death of her brother. She also feels that she suffered from emotional abuse, as her parents regularly adversely compared her with her deceased brother. She gives a history of problems at school and being sent to a special school. She gives a history of being severely bullied and discriminated at school, as she went to a special school. She gives a history that at the age of 11, she was raped by a person, who later blackmailed to harm her father. She had to withdraw the case and that resulted in being accused by the police of wasting their time. All this seems to have been extremely traumatic for her given her young age. She did some farm jobs
until the age of 25, when she was married. One of her daughters was taken into care.”

He said “I believe there is clear evidence to suggest that she has a personality disorder – an emotionally unstable personality disorder of borderline type. The features of her personality disorder include impulsivity, including acting impulsively without considering the consequences; severe mood swings; chronic feelings of emptiness; uncertainty about her aims, objectives and goals in life; chronic low self-esteem; difficulties in sustaining relationships with a constant fear of rejection and abandonment; maladaptive coping mechanisms in the form of numerous acts of deliberate self-harm and of substance abuse.”

He ruled she was fit to plead and recommended a treatment programme that would not require a hospital admission but would require residential accommodation.

Some of the care plan unavailable because of resources

But Leanne Manning, Community Psychiatric Nurse, told the court: ” Some of the suggested aspects of the care plan are not available in terms of resources such as a residential placement. Ms. Manning thought supported accommodation would assist Ms. Marriott because it she may feel more supported and less isolated.
Ms. Manning informed the court that Ms. Marriott could attend a number of courses at the Whiteleaf centre such as mindfulness classes, managing mood classes and managing and understanding your diagnosis classes. Ms. Manning also told the court that instead of telephoning 999 or 111, Ms. Marriott should first try to consider whether she really needs medical assistance by going through a checklist that she has. She can then telephone the Whiteleaf centre to speak to Ms. Manning or another worker or telephone a “social prescriber” who is based at the GP.”

The police’s lawyer took a hard line against her. Mr Garnett said: “the breaches were a deliberate flouting of the order and the breaches were serious and egregious.”

He argued that there was a high degree of culpability. No real mitigation has been put before the court because there is no evidence from Ms. Marriott. The evidence is that Ms. Marriott has refused to engage with any treatment plan which would
assist her in her impulse control which would stop this conduct.”

Ms Marriott’s Lawyer, Mr Killen, said she would agree to go on the course but not move into residential accommodation.

He said” she values her independence too much and has lived in her current accommodation for a long time.”

The Judge said she had considerable sympathy and compassion for Ms Marriott but ruled that her actions amounted to a criminal standard that Ms. Marriott knew that she was making unnecessary calls and as such continued to add unnecessary burdens to the NHS whether it be A and E, ambulance drivers and other medical staff. But she said she had not done it out of malice more because of her vulnerability.

People may die because ambulances are being diverted to Ms Marriott – judge

There is immense pressure on the NHS and emergency services and people may die because an ambulance is not available because it
has been diverted to Ms. Marriott. I am satisfied that Ms. Marriott understands the terms of the injunction and knows that the number of callouts is unacceptable.”

Her judgement concluded: “The court therefore orders that Ms. Marriott serves a term of six months for the 999 and 111 calls and a further sentence of 6 months for the visits to Stoke Mandeville, each sentence to run concurrently and be suspended for two years until 22.8.2024. This court specifically warned Ms. Marriott that if she appears back before this court, has made no sustained attempt at engaging with work to address her behaviour and has carried on breaching the order, she is likely to receive a significant custodial sentence as well as serve the activated suspended sentence.”

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New Film: The triple whammy horror facing 1950s born women

Today Backto60 launched the first of two campaigning films in the run up to their appeal against the judicial review decision in the Court of Appeal on July 21.

They aim to overturn the judicial review which rejected their claim for compensation and full restitution of their pension back to 60 which was rejected on all grounds by judges. They have been given permission by the Court of Appeal to appeal on all grounds.

The film shows how 50swomen – already waiting up to six years for their pensions – are now hit by the Covid-19 pandemic- forced to work in unsafe situations in their 60s in hospitals or care homes or left isolated facing mental health problems.

We now know through a report from the National Audit Office,Parliament’s financial watchdog, that 25,000 people were moved from hospital to care homes at the beginning of the pandemic without any health checks for Covid-19. No wonder so many died and Dr Bharat Pankhania, Senior Clinical Lecturer at University of Exeter Medical School, in the film condemns this as a disgrace.

The film quotes experts who have backed the campaign to point out how just how damaging the situation. You can follow them on Twitter here – @2020Comms @JackieJonesWal1 @ManzurHannah @DrDavinaLloyd1 @doctorshaib @NexusChambers @AnnaCCampaigns @SOS_Initiatives.

The overall picture is bleak – the combination of the pensions delay, austerity and now the virus- have made difficult lives even worse.

But there is also hope. Professor Jackie Jones points out that the UN Convention on the Elimation of Discrimination against Women – may well launch an inquiry into how badly the UK treated 50s women – shaming the country internationally.

The court case is likely to have to hear additional evidence on whether it was a really equal playing field if at the same time 4.6 million men over 60 are estimated by the Department for Work and Pensions to have had all their national insurance contributions paid by the government so they could get higher pensions. A government promise in the 1990s to extend this scheme to women for eight years after the change was introduced in 2010 was reneged on by the last Labour government and the Tory-Liberal Democrat coalition.

The film directed by Jasper Warry at Hello Dear Productions is eminently watchable and the experts explain their points succinctly – my only apology is that you have to put up visually with me having a shaggy lockdown non hair cut!

How the raising of the pension age for 50s born women has fueled poverty, ill health and depression

Campaigners at the Royal Courts of Justice.

A new and highly detailed research study by King’s College, London reveals that the lowest paid women born in the 1950s are now substantially worse off because of the government’s decision to raise their pension age from 60 to 66.

The damning findings confirm why the BackTo60 campaign are right to highlight the inequalities and seek to overturn a judicial review in July which refused to provide any compensation for 3.8 million women.

Since the situation is now even worse because of the huge death rate among the elderly it also shows how sensible it will be for the organisation to highlight the issue in two films that will be backed by a crowdfunder. The link to their crowdfunder, which has already raised over £5000 is here.

The academics at King’s College compared the fate of those who had already retired at 60 with those who were having to wait for their pension until they are 65 or 66.

They found the change in pension age widened inequality, increased poverty by six to eight points, caused much more depression and mental health issues and also made people more likely to succomb to additional health problems like diabetes or arthritis.

It was specifically bad for women who had to work longer in low paid jobs often involving manual labour, such as working in care homes.

In their academic language it says the “increases had a negative impact on health: women aged 60–64 years are no longer eligible to collect their pension due to the reform exhibit worse mental and physical health scores (PCSs) and higher prevalence of clinical depression than women of the same age unaffected by the reform.

Moreover, longer extensions of SPA [ State Pension Age] led to higher declines in mental health than shorter extensions. Crucially, the negative health effect of SPA postponement is confined to women from lower-grade routine occupations, and it is largely driven by longer exposure to adverse psychological and physical stressors. As a result, the reform had the undesirable consequence of increasing health inequality by occupational grade, as evidence points to a 12 percentage-point increase in the probability of depressive symptomatology.”

You can read the report, published in Health Economics, here.

Michael Mansfield

It should put a spring in the step of lawyers like Michael Mansfield, who are fighting for BackTo60 in the forthcoming judicial review appeal and its findings ought to worry the Department for Work and Pensions as it exposes the damage they have done. Though making anyone there or in Downing Street remorseful for anything is a tall order.

My Blog in 2018: Year of growth

50s women dancing in front of the Royal Court of Justice after the judge granted their request for a judicial review

To my surprise the number of hits on my blog soared to a new record of 464,000 this year- up by over 350,000 from just under 100,000 last year.

This huge increase was almost entirely to the support given by this blog to the plight of the 50s born women who are facing up to six years delay in getting their pensions.

I was persuaded by Joanne Welch, director of the BackTo 60 campaign – who I knew from previous work she had done in helping the victims and survivors of child sexual abuse – to investigate for the energetic campaign whether the government’s reasons for raising the pension age from 60 to 66 were justified. I found they were not on all counts from money, longevity to equality.

The result was a blog which revealed that a decision taken by the Thatcher government in 1988 – as much as £271billion had been denied to the National Insurance Fund – by the abolition of the annual Treasury grant and later limitation of grant payments by successive governments. This post attracted a phenomenal 188,000 and more hits. It still is attracting new readers today.

Subsequent blogs on the subject attracted 14,500, 19,000, nearly 31,000 and over 33,000 culminating in over 56,000 when – against the odds- the 50s women with the help of Michael Mansfield QC won permission for a judicial review. The blog telling you how you can boot out your MP if he or she won’t support the campaign – attracted nearly 31,000 hits – and led to an amazing 4,600 hits on the House of Commons library reference paper which gave a constituency by constituency breakdown of where the affected women live.

Thanks for the deluge of Christmas greetings from so many 50s women this year supporting the blog and my work.

Gosport

The other main achievement this year which I can’t blog about – as I was member of the independent panel- was the report on the scandal at Gosport War Memorial Hospital where at least 456 elderly people had their lives shortened by the over prescribing of drugs. I am very proud of this report and the amazing professional collaboration led by former Bishop James Jones, who chaired the panel inquiry, that produced the findings hidden from people for nearly 20 years.

mental health

I also this year worked with the extraordinary Professor Suman Fernando, who at 85, is a tireless campaigner for mental health reform and author of a book outlining the history of racism in psychiatry.

I was a member of a working party which tried – with only partial success – to influence Theresa May’s planned reform of the mental health act. They were particularly exercised by institutional racism in mental hospitals which sees a disproportionate number of Afro-Caribbeans sectioned every year and some appalling examples of deaths in police custody. The mental health service is in a pretty bad state anyway.

I am unhappy about the outcome and will blog about this later.

domestic and sexual abuse

Last December I was invited to attend a national conference hosted by the BBC on domestic abuse and addressed by leading figures in government, the ministry of defence and Cressida Dick, the Metropolitan Police Commissioner on how employers could help people suffering domestic abuse.

This campaign was led by Elizabeth Filkin, another tireless campaigner and a former Parliamentary Commissioner for Standards. I blogged about it last December and was reminded this Christmas again when I willingly agreed as part of a libel settlement with John Hemming to donate £500 to the Victim Support charity and got it earmarked solely for dealing with domestic abuse.

There also was a great story of hope for child sex abuse survivors when a former victim who successfully saw his abuser jailed for 33 years for crimes committed in North Wales decades ago set up a successful volunteer project in Cumbria to tackle the issue of child sex abuse. See here

fire engine scandal

This year has seen a very gratifying outcome for those who followed the scandal over the privatisation of London and Lincolnshire’s fire engines which led them to be handed to a bunch of spivs who milked the contract for personal gain.

I have been following the story since 2011 when the Fire Brigades Union raised the issue of Assetco taking over responsibility for maintaining and replacing London’s fire engine fleet.

This year the Financial Reporting Council caught up with former Assetco directors John Shannon, Frank Flynn and Matt Boyle and barred them from practising as accountants for 16. 14 and 12 years respectively. They were branded fraudsters and liars for the way they handled the firm’s accounts and the Serious Fraud Office has been passed their details. The blog got over 4000 hits.

The accountant from Grant Thornton who supervised and passed the fraudulent accounts has also been fined along with his firm.

lack of reporting

The one common theme in all these stories – with the major exception of Gosport – has been the paucity or non existence of coverage in the mainstream media. They have been diverted by wall to wall coverage of Brexit but I think it reflects the fact of an increasing reluctance to put resources into proper investigative journalism. The country will be a far less informed place if this continues and it will give a green light to those who think they can get away with bad practices, incompetence, maladministration and fraud and ruin the lives of ordinary people without any proper scrutiny.