Written evidence submitted by
Paul Bacon, Bryan and Armstrong Solicitors

 

Summary

 

William Barnard (WB) was born on 26 December 1979.  In his teens he was diagnosed as suffering with Paranoid Schizophrenia and his mental health deteriorated significantly in the 15 months before his admission into hospital under Section, in March 2007.  He was detained until October 2007 when his condition was stabilised with medication.  He was discharged on a depot injection fortnightly in order to maintain his stability.  This was in accordance with Section 117 Mental Health Act 1983 and he was supervised by the Assertive Outreach Team (AOT), which included a Community Psychiatric Nurse (CPN) who administered the injection.

 

In December 2008 William enquired of his medical team whether or not he needed to received injections.  He was told that it was not obligatory and thereafter he refused his medication (note that WB’s discharge pre dated the Mental Health Act 2007 which provided that if on a Community Treatment Order, he could have been required to accept his depot).  In January 2009 WB was attended by his CPN and refused his injection.  He was advised that he could be re-admitted into hospital if he deteriorated.  He was not seen again by any member of the AOT or the Dual Diagnosis Team (to which he was also subject) from January 2009 and 24 July 2009, except on four occasions between January 2009 and April 2009.

 

Following John McGrath’s death the Notts Health Authority, and subsequently the Strategic Health Authority, carried out investigations and produced two reports, both highly critical of the psychiatric care and supervision William had received in the community.  That was also the subject of criticism at the Inquest in June 2014.

 

Police Involvement

 

On 17 May 2009 there was an attempted robbery of a couple who were walking in a park near Nottingham.  The offender threatened them with a large knife and then ran away.  One of the couple subsequently became aware that the suspected offender may attend a local pharmacy for his methadone on a daily basis.  This information was passed on to the Police by a member of the family of the couple, who was also a serving Police Officer.  The Officer in the Case visited the pharmacy and viewed the CCTV. By 29 May 2009 she had been advised of WB’s name and address, and was aware that he should have been subject to support by his local Mental Health Team, with whom the Police had contact.  No attempt was made to arrest WB in May or June 2009.

 

On 5 July 2009 a Detective in the case had a conversation with WB’s Care Coordinator and was advised that he was not engaging with the Mental Health Team, and was suffering with Paranoid Schizophrenia.  The officer appears not to have considered that an arrest was more urgent as a result of this information.

 

On Monday 20 July it was planned that WB would be arrested on Friday 24 July 2009.  In the evening of Monday 20 July 2009 a distant member of the Barnard family saw William on the road, dressed only in his boxer shorts, picking up items from the ground and putting them in his mouth.  A marked police car stopped adjacent to him and two officers in uniform spoke to William who was gesturing and taking an ape like posture.  After a conversation the officers drove away.  The two officers involved have never been traced.

 

On the morning of 24 July 2009, the officers tasked to arrest William that day, were re-directed to another matter. 

 

At 7.00 pm on 24 July 2009 WB visited his grandfather and stabbed him to death and severely injured his grandmother.

 

At the Inquest it was admitted by a Senior Police Officer that, had William been arrested, he would have been assessed by the Custody Sergeant, as in need of assistance from the Mental Health Team during interview.  The same officer admitted that attempted robbery was regarded by the Force as “the highest priority case”.

 

After a 2 week hearing the Coroner concluded the case by stating the following:

 

John McGrath was unlawfully killed by his grandson, William Barnard, on 24 July 2009.  There was delay in arranging for William to be assessed under the Mental Health Act 1983 between 16 April and 24 July 2009.  If this had been carried out before 24 July 2009, it is likely that William would have been detained and would not have been at liberty to kill John.  There was also a delay by the Police in arresting William in relation to a separate incident in May 2009.  If William had been arrested, it is likely that an assessment under the Mental Health Act would have ensued, William would have been detained, and would not have been at liberty to kill his grandfather.

 

Two IPCC investigations were conducted.  The first was a ‘managed investigation’ of which the family were not advised, they were not sent a copy of the conclusion, and that report was not sent to the Strategic Health Authority who were carrying out their own investigation, referred to above.  The second IPCC investigation acknowledged the failures of the Police and the IPCC with regard to the first IPCC investigation and report.

 

The IPCC Final Report noted that none of the officers involved in this case had had any training in dealing with mentally disordered persons.  Indeed, since the incident and to the time of the writing of the report in 2014, the same officers had still not had any training in dealing with persons with mental disorder. 

 

WB began to mentally deteriorate in January 2007.  On arrest WB was found to be extremely disordered and was never interviewed about these offences because of his acute mental disorder.  It took over a year for him to be stabilised with medication following his detention in Rampton.  A Psychiatric Report commissioned by the Defence in August 2009 described his extreme mental illness.  From that it can be concluded that at any point after 17 May 2007, WB would have been so ill that it would have been obvious to anyone dealing with him. By 20 July 2009 the officers who spoke to WB on the street must have been aware of his acute condition and chose not to help him.  Had they have detained him, he would of course not been at liberty to kill his grandfather 4 days later.  As the Coroner concluded, any arrest of WB by the Officers investigating the attempted robbery offence, would also have resulted in WB’s detention.

 

Conclusions

 

It appears that the Police need training in understanding people with mental disorder and responding to their needs.  The example of the two uniformed officers in the marked police car could suggest an unexceptional policing approach with the individual being left to his own devices despite his very obvious mental disorder.

 

The various types of disorder (mental illness, personality disorder, learning disability) need to be understood by the Police, at least superficially, in order to help those individuals they deal with.  It would be helpful for the Police to learn the types of de-escalation techniques used by Mental Health Nurses in confrontational situations in hospital.

 

The Police spend a considerable amount of time in dealing with people with mental disorders.  Nottinghamshire Police have recently introduced a system of having a CPN accompany one officer on mobile patrol each day.  This commenced 3 months ago and may be something the Committee could look at.  With proper training the Police would have more confidence to deal with people with mental disorder and know where to direct them for further mental health support and care.

 

I hope this assists the Committee.

 

Paul Bacon

Bryan and Armstrong Solicitors, Mansfield

 

For further reference see:

 

 

 

 

 

 

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