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Staff Witnesses FAQs

This page contains information for current and former staff members of mental health inpatient care providers in Essex. Here, you can access Frequently Asked Questions, links to relevant documents, and information about our emotional support service.

Contact us

If you believe you have relevant information to provide to the Inquiry or are concerned about, contact you have received from the Inquiry, please contact us by emailing: contact@lampardinquiry.org.uk and including the words “Staff Experience” in the title line of the email. Providing further details of why you are contacting us will help us respond more effectively.

 

Emotional Support

The Inquiry understands that staff engaging with this process may find it emotionally difficult. For this reason, we are ensuring that all those who engage with the Inquiry can access our free, independent emotional support service provided by Hestia.  Hestia’s support includes access to trained counsellors, support while writing a witness statement, support during or after appearance at a public hearing, if required, and support to talk through the process of giving evidence to an Inquiry.

 

The Inquiry also offers support in the way of reasonable adjustments to those who need it. While this might relate to physical needs (such as accessibility needs or support for those with hearing or sight impairments), it can also include adjustments that help those who are stressed or anxious. This could include, for example, someone from the Inquiry team talking you through your engagement with the Inquiry.

 

Legal Representation

You do not have to have a lawyer to participate with the Inquiry; the Inquiry has done its best to make it possible for staff to participate without legal representation.

However, all those giving evidence to the Inquiry are entitled to seek legal representation and this is something that those formally requested to give written evidence to the Inquiry may wish to consider.

There are a number of options for obtaining legal representation that might be open to you. For example, if you are an employee (or former employee) of EPUT or NELFT there may be specific legal support available to you. In addition, if you do not wish to obtain support via your employer (or former employer) you may be able to access independent legal support. For example, you may be able to access support:

  • From a solicitor (the Inquiry can provide the names of solicitors’ firms that may be able to assist you, or you may wish to identify one using the Law Society’s Find a Solicitor Service)
  • From a direct access barrister (you may wish to identify one using the Bar Council’s Direct Access Portal)
  • Via your Union or Medical Defence Organisation

The Inquiry Team cannot provide you with legal advice but can provide you with information about your options for obtaining legal advice. If you would like to discuss your options, please contact the Inquiry team by emailing: contact@lampardinquiry.org.uk 

FAQs

Public inquiries are investigations into issues of public concern. Statutory Public Inquiries like the Lampard Inquiry are independent investigations established by government ministers under the Inquiries Act 2005. Public Inquiries are usually open to public scrutiny and aim to learn lessons so that recommendations can be made.

While Statutory Public Inquiries have powers that non-statutory investigations do not, they are not intended to be adversarial in nature and cannot rule on civil or criminal liability. Their purpose is inquisitorial, to establish facts, provide a definitive account of what happened, and to make recommendations to prevent a recurrence of what happened.

The Lampard Inquiry is Chaired by Baroness Lampard. It is a statutory public inquiry into the deaths of mental health inpatients under the care of NHS Trust(s) in Essex (“the Trust(s)”) between 1 January 2000 and 31 December 2023. 

For a more comprehensive summary of our scope, you can view our full Terms of Reference, Explanatory Note and List of Issues.

A list of providers that are in scope can be found below.

NHS providers:

  • Essex Partnership University NHS Foundation Trust and its predecessors; North Essex Partnership University NHS Foundation Trust and South Essex Partnership University NHS Foundation Trust.
  • North East London NHS Foundation Trust.

Independent sector providers:

  • Priory Healthcare
  • Cygnet Healthcare
  • St Andrews Healthcare
  • NEST Healthcare

For more information regarding the scope of the Inquiry please read the Explanatory note.

In a statutory Inquiry like the Lampard Inquiry, the Chair is required to send a written request for a statement to anyone the Inquiry proposes to take evidence from. This is commonly known as a “Rule 9 Request”, named after Rule 9 of the Inquiry Rules 2006.

This means that if you are required to give evidence to the Inquiry, you will be sent a Rule 9 request, in the form of a written letter. The letter will be a formal request to provide the information asked of you, to the best of your ability. You will be given a clear deadline by which the Inquiry will expect to receive your response.

The Inquiry will usually ask you to submit your response in the form of a draft (unsigned) witness statement. The Inquiry team will then review your draft response, consider whether any clarification or further information is required, and send you a follow-up letter confirming the next steps for finalising and signing your statement.

We understand that receiving a Rule 9 request can feel intimidating, even if you are familiar with the process. However, you should remember that a Rule 9 request will set out exactly what information the Inquiry would like from you, and you will be given sufficient time to respond to the request. You should provide the information requested as clearly as you can, remembering that if you don’t know the answer, it is ok to say that in your statement.

If you are concerned after having received a request for evidence, or if you need a reasonable adjustment, please contact the Inquiry Team to discuss any concerns or queries that you might have by emailing: contact@lampardinquiry.org.uk.   

The Inquiry also offers free, independent emotional support for all of those who engage with us. The Inquiry team can provide you with details on how to access this service or arrange access on your behalf.  For further information, please see our Support Page.

Further information about the scope of the Inquiry’s investigations.

It is not necessary to have a lawyer to engage with the Inquiry however if you would like legal representation then there are options available to you.

For example, you may be able to access support:

  • From a solicitor (the Inquiry can provide the names of solicitors’ firms that may be able to assist you, or you may wish to identify one using the Law Society’s Find a Solicitor Service)
  • From a direct access barrister (you may wish to identify one using the Bar Council’s Direct Access Portal)
  • Via your Union or Medical Defence Organisation

The Inquiry Team cannot provide you with legal advice but can provide you with information about your options for obtaining legal advice. If you would like to discuss your options, please contact the Inquiry team by emailing: contact@lampardinquiry.org.uk     

We understand that responding to a Rule 9 request does take time and the Inquiry will give you sufficient time to respond. If, however, you require further time to respond please contact the Inquiry team by emailing: contact@lampardinquiry.org.uk  before the deadline for responding. 

Furthermore, if you are a current EPUT employee, EPUT have agreed to provide staff with protected time to respond to Rule 9 Requests.

Please contact your line manager or the EPUT Inquiry team to discuss your options.

More information about support available to recipients of Rule 9 requests is set out above. 

The Inquiry’s starting point is that Rule 9 requests are private between the Inquiry and the recipient. The Inquiry will therefore issue requests to individuals directly wherever possible, unless they have nominated a legal representative to act for them or they tell us otherwise.

If you receive a Rule 9 request, you will be asked to keep its contents confidential. If you decide that you would like to share the Rule 9 request with your employer (or former employer) you should email the Inquiry for permission before sharing the request.

In some circumstances, the Inquiry may have to notify your employer (or former employer) of the intention to send a Rule 9 request before it is sent. For example, we may need to obtain your contact details from your employer (or former employer). In those circumstances, we would not share the details of the request itself, only your name and role (or former role).

Engagement with the Inquiry should not affect your employment. Registered healthcare professionals are reminded that they have a professional obligation to cooperate with inquiries and investigations, this includes the Lampard Inquiry.

If you have concerns (for example about your own conduct, allegations that may be made against you or contractual/employment difficulties that your participation might cause with your current/former employer, etc), you have the right to seek independent legal advice. You may also wish to seek advice from a Union representative. More information about legal representation can be found in the question above.

Please see the ‘relevant documents’ section below for more information on the protocols potentially relevant to you.

While responding to a Rule 9 request itself is not technically compulsory, the Chair urges any individual who receives a Rule 9 request for evidence to respond promptly. The information that has been asked of you is considered important to our evidence gathering.

Registered healthcare professionals are reminded that they have a professional obligation to cooperate with inquiries and investigations, which includes the Lampard Inquiry.

Where a request  for evidence, through Rule 9 of the Inquiry Rules 2006, is ignored or not fully complied with (for example, if your response is deemed incomplete), the Chair has the power, if she considers it appropriate, under the Inquiries Act 2005 to compel the provision of that evidence through a Section 21 Notice. For this reason, and because there are only limited circumstances where an incomplete response could be considered reasonable, most recipients treat Rule 9 requests as mandatory and co-operate with the Inquiry.

A Note on the Chairs Decision regarding Section 21 of the Inquiries Act 2005 has been published on the inquiry website.

Like most public inquiries, the Lampard Inquiry periodically convenes public hearings. Public hearings are an opportunity for the Chair and members of the public to hear from witnesses with relevant information and experience. Public hearings are live streamed on the Inquiry’s YouTube channel, with recordings published on our website. You can view the Inquiries previous hearing on our Hearings page.

Not everyone who provides evidence will be asked to give oral evidence. The Chair will decide on a case-by-case basis who she needs to hear from in person.

If the Chair decides that she needs to hear oral evidence, the Inquiry team will provide you (and your legal representative, if you have one) with sufficient notice, information and support. The Inquiry will consider any reasonable adjustments that might be necessary to ensure that witnesses are able to give their best evidence at public hearings.

The Chair has the power under the Inquiries Act 2005 to compel a witness to give evidence orally at a public hearing.

The Inquiry is committed to doing what it can to ensure the necessary support is in place to address any anxieties witnesses might have, and to support all witnesses to provide their best evidence.

If you are concerned about giving evidence, or if you need a reasonable adjustment, please contact the Inquiry Team to discuss any concerns or queries that you might have by emailing: contact@lampardinquiry.org.uk.   

If you work, or have worked, for independent mental healthcare providers in Essex and have been involved in the care of any individual who died whilst in NHS-funded inpatient care or within 3 months of discharge from NHS-funded inpatient care; or you have witnessed poor care of an NHS-funded inpatient which amounted to serious harm short of death, you may have information relevant to the Inquiry and we would strongly encourage you to contact the Inquiry by emailing: contact@lampardinquiry.org.uk   

The relevant providers and sites are as follows:

  • Priory Healthcare: Priory Hospital Chelmsford, Priory Elm Park.
  • St Andrews Healthcare: St Andrews Hospital Essex.
  • Cygnet: Cygnet Hospital Colchester, Cygnet Yew Trees, Cygnet Thors Park.

If you worked at any of the above sites whilst they were run by a previous provider between 1 January 2000 and 31 December 2023, you may still have information relevant to the Inquiry.

If you have worked for NELFT’s Child and Adolescent Mental Health Services in Essex between 2017 – 2023, or for NELFT at Mascalls Park Hospital between 2000 – 2011 and have been involved in or witnessed the care of any individual who died whilst an inpatient or within 3 months of discharge, or you have witnessed poor care of an inpatient which amounted to serious harm short of death, you may have information relevant to the Inquiry and we would strongly encourage you to contact the Inquiry.

Further information about the scope of the Inquiry’s investigations are detailed in the Explanatory Note.

 

If you are named in evidence by someone else, the Inquiry will make reasonable efforts to contact you (via your employer or former employer) and tell you about it before publishing your name.

If you are concerned about someone else including your name in their evidence, you may be able to respond via the Inquiry’s ‘Opportunity to Respond’ (OTR) process.

If you are named by someone else in evidence and you think they have said something that is critical of you or is inaccurate, you can submit a response to the Inquiry. Details of how to do this are set out in the Inquiry’s OTR protocol. If you would like to discuss this process with the Inquiry team you can contact us using this email address: contact@lampardinquiry.org.uk.

You may also wish to consider applying for a restriction order, if there are legal grounds for doing so. More information about restriction orders can be found in the Inquiry’s Protocol on Restriction Orders and you may wish to seek legal support before making any application.

If, despite reasonable efforts, we are not able to contact you, we may nevertheless publish your name. That will be a decision for the Chair to make on a case-by-case basis, taking into account a range of factors, including the context in which you are named and the extent to which it is deemed necessary and proportionate to publish your name.

Those who received personal invitations to give evidence to the Essex Mental Health Independent Inquiry may or may not be required to give evidence to the Lampard Inquiry. Individuals who were previously approached will be notified of updates to their status as and when they become available.

The purpose of the Inquiry is to enable the Chair to investigate the deaths of mental health inpatients in Essex and identify systemic issues in order to answer the Terms of Reference and make recommendations for change.  In order to facilitate the Chair to do this, the Inquiry has been collating, and is continuing to collate, information and evidence from a range of sources. This includes (but is not limited to) witnesses whose family members died as an inpatient within the scope of the terms of reference, health care professionals who were employed in services that are within the terms of reference, and a range of corporate organisations involved.

As this is a Statutory Public Inquiry, it is governed by the Inquiries Act 2005 and the Inquiry Rules 2006, and requests for evidence to individuals and to organisations are usually made via a Rule 9 request. The Chair also invites witnesses to attend a hearing to hear oral evidence.

Once the information has been received from these sources, the Chair, supported by the Inquiry Team, will examine it and determine what recommendations will be made.

While the Chair considers all of the evidence received, as the Inquiry is investigating systemic issues we will not be looking into every individual case in detail. Where there have previously been comprehensive investigations into clinical failings or related issues, the Inquiry does not intend to reinvestigate these matters. However, we may re-examine matters where previous processes lacked systemic scope or independence.

No, public Inquiries cannot by law determine civil or criminal liability. The Inquiry cannot prosecute, discipline or revoke an individual’s right to practice.

If the Inquiry becomes aware of any misconduct and any criminal (suspected or otherwise) behaviour it is our duty to inform regulators or the police.

However, the Inquiry can name people in the final report, attribute criticism and refer matters to other organisations (for example, the NMC, GMC, the Police).

Relevant Documents

The Lampard Inquiry has several policies in place that may be relevant to you as a current or former employee of a care provider in Essex. Please find the links to these documents below: