Bottomley seeks order to halt court summonses
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Virginia Bottomley is planning to appeal to the Attorney General, Sir Nicholas Lyell, to intervene in an attempt to stop judges summonsing her to court over the shortage of NHS hospital beds for dangerous patients.
The Secretary of State for Health will ask Sir Nicholas to approach the Lord Chief Justice, Lord Taylor of Gosforth, president of the Queen's Bench Division, to issue a "practice directive" to judges telling them that the Secretary of State is not the appropriate person to call.
Mrs Bottomley wants health authorities to take responsibility in cases where seriously mentally ill patients have to return to prison because there are not enough beds for them in the NHS. It follows growing embarrassment for Mrs Bottomley over a rising number of cases in which the courts are calling the Secretary of State to account for the failure to provide proper accommodation for disturbed patients.
Courts are increasingly objecting to sending mental patients to prison and have resorted to calling Mrs Bottomley to account for the lack of beds in the health authority areas.
She appealed to the Lord Chancellor, Lord Mackay for advice last week after being summonsed as a witness at Chichester Crown Court, one of a growing number of cases she was facing. Government sources said the Lord Chancellor advised Mrs Bottomley to seek a direction from the judge advising other judges in similar cases that the health authorities, not the Secretary of State, were responsible for the day-to-day availability of beds.
A Queen's Counsel appeared on her behalf, but the judge in the case refused to make the direction Mrs Bottomley had sought. The QC questioned the legality of calling Mrs Bottomley in the case of Sharon Towes, 27, who had been in Holloway prison because no suitable bed was available.
Judge Thorpe said at a previous hearing it was quite unacceptable that no bed was available, but South Thames Regional Health Authority announced later that a bed had been found in a secure unit.
Mrs Bottomley fears that she may be called in another case today at Worthing, West Sussex. Last week, magistrates in the town considered calling Mrs Bottomley to appear over the case of Mark Dwan, who was accused of hitting a doctor. They decided he should be assessed for mental health at Lewes prison, East Sussex, where he is being held. The department is considering taking its own steps to reassure courts that action is being taken by health authorities to find beds for mentally ill offenders. The options include issuing guidance reminding courts that regional health authorities and district health authorities are responsible.
The pressure on Mrs Bottomley from the courts has underlined the urgent need for more beds, but officials privately admit that they lack the resources to meet demand. There is anecdotal evidence that patients are being sent home to make way for cases transferred from prison by the courts.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments