Family seeks probe into fate of innocent man held among murderers and rapists
THE family of an autistic man held in custody alongside murderers and rapists have demanded an independent probe into his care.
In a complaint to the Scottish Public Services Ombudsman, Tracey Gibbon claims her son Kyle, 31, has been bullied, abused and unfairly punished since being sectioned 13 years ago, spending the last nine years in the maximum security Carstairs State Hospital.
The family allege Kyle’s arm was broken while being restrained by staff and that he received burn marks to his face as a result of restraint.
His mother’s complaint was lodged last week, with the help of her local MSP Alexander Burnett. It states: ‘Tracey has been pursuing these complaints for a number of years, and the lack of independent inquiry, disrespect from staff, lack of transparency regarding Kyle’s wellbeing, and lack of support for her son has affected her mental health and wellbeing.
‘But Tracey is keen to highlight that she does not wish for this complaint to be about the effect it has had on her, rather on her son. Tracey wishes to see her son flourish in an appropriate, community-based setting as he has autism and learning difficulties, not a mental disorder requiring infinite incarceration.’
A spokesman for Carstairs said: ‘I am unable to comment on individual patients, past or present. We deliver all of our care on a rights-based basis, which is one of the underpinning principles of mental healthcare and treatment in Scotland.
‘Our registered staff are regulated by their respective governing bodies. All of our staff are expected to practise within the values of the NHS in Scotland, which includes a strong focus on care and compassion, and dignity and respect.
‘Where there are reported concerns regarding staff conduct, these are investigated and managed in line with our Management of Employee Conduct policy framework.’ The Scottish Government has made clear that an independent review of Learning Disability and Autism in the Mental Health Act, which began in January 2018, is investigating the wider issue of whether the current legislation needs to change for people with learning disability and autism.
It is not an inquiry into why nine people with autism or learning difficulties have been detained at the State Hospital.
It is for the independent review to determine what issues or cases it will consider in order to inform its work. There will be three public engagement phases and the focus for stage two will be developing ideas on how to improve legislation, if needed.