Trust apology 5 years after mother killed by her mentally-ill son Tragedy could have been avoided, probe found
THE family of a mother killed by her mentally-ill son have finally received an official apology from the health trust caring for him, more than five years after her death.
Janice Smithen suffered fatal head injuries when her son Kaysley attacked her at the home they shared in Hockley in July 2012.
Kaysley, aged 21, was later given an indefinite hospital order in 2013 after being found guilty of fatally beating his mother with a metal weights bar.
He had been ruled unfit to plead on a murder charge earlier in the trial.
An investigation the following year found a number of failures in his care and that the 46-yearold’s death could potentially have been prevented if Kaysley had been detained under the Mental Health Act.
Despite this, Birmingham and Solihull Mental Health NHS Foundation Trust did not accept legal responsibility.
But now the trust’s chief executive John Short has offered his ‘personal apologies’ for Janice’s death by writing to her sister Samantha Smithen.
He wrote: “I cannot begin to imagine the distress and sorrow that the loss of your sister has caused to you and your family. I am sorry that the trust added to that distress by not conveying an apology to you.”
Ms Smithen said: “Janice just wanted what was best for her son, providing unconditional love whilst having to witness the pain of living first hand with the effects of his illness.
“This horrible illness is indiscriminate and anyone can be affected by mental health issues.
“For the NHS Trust to deny legal responsibility for its failings in looking after Kaysley just added to the hurt, anger and pain our family have had to suffer since Janice’s death.
“Nothing can make up for our loss but we are pleased that the trust has now officially apologised.”
Around 18 months before her , Janice sought advice from her GP after the family noticed that Kaysley was developing mental health problems. Kaysley was prescribed Quetiapine tabl e t s used to treat bipolar and schizophrenia. But in a domestic homicide review carried out by Birmingham Community Safety Partnership after Janice’s death a report identified a number of failures in Kaysley’s care.
The report said he believed his mother was trying to poison him and claimed he was possessed by demons and could influence the weather. It added that Kaysley did not believe he was ill and did not always take his medication.
Attempts to detain him under the Mental Health Act failed, including an incident where Kaysley walked out of a home visit after acting strangely and showing aggression towards his mum. The report stated that if police had been called officers could have detained him if they deemed his behaviour sufficient.
Janice, a teaching assistant, had urged staff to admit him as an inpatient.
But by the time a hospital bed was found it was too late, and police broke into the home to find Janice’s body.
After the investigation found that Janice’s death could have been potentially avoided, her family instructed specialist lawyers at Irwin Mitchell, and the case was settled out of court for an undisclosed sum.
Christopher Hurlston, specialist lawyer at Irwin Mitchell, said: “Both Janice and Kaysley were failed by Birmingham and Solihull Mental Health NHS Foundation Trust.
“If staff had acted with more urgency Janice would still be alive and Kaysley could have received the vital treatment he needed.
“While it may be five years too late, we are pleased that the trust has finally apologised to Janice’s family.
“We hope the trust learns lessons from this tragic case so others don’t have to suffer like Janice and the rest of her family.”