THE team investigating deaths of mental health patients in care in Essex will be protected from any legal claims in relation to the inquiry, its been confirmed.
An inquiry was launched in 2020 into deaths of mental health patients at the North Essex Partnership NHS Trust.
However, it stopped short of the families of patients’ calls for a full statutory public inquiry into the failings of mental health care in the county.
They include the death of Matthew Leahy, from north Essex, who was found hanging in his room at Chelmsford’s Linden Centre in 2012, aged 20.
His mum, Melanie, has been campaigning for justice ever since, alongside other families who have lost loved ones.
An indemnity was approved in principle on Friday which will cover the entire duration of the inquiry’s work, from January 2021 until when the final report is submitted, which is expected to be next year.
It will also cover an unlimited period after that date but the Government believes there is a “low risk” of it being called upon beyond five years of the final report.
The indemnity will cover the chair and all other members of the inquiry team against any liability - including any legal or other associated costs - arising from any act done or omission made, honestly and in good faith, when carrying out activities for the “purposes of the inquiry in accordance with its terms of reference”.
Maria Caulfield, Minister for Patient Safety and Primary Care, said in a statement in the House of Commons on Friday: “The indemnity will only apply to acts done or omissions made during the course of the inquiry and will exclude personal criminal liability, negligence or reckless acts.
“There will be no cap placed upon the indemnity, so the maximum exposure is strictly unlimited.
“However, any losses are not expected to exceed a value of £3 million based upon the best estimate currently available at this stage of the inquiry’s work.
“If the liability is called, provision for any payment will be sought through the normal supply procedure.”
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