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The Uk's Healthcare Law Service
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| Press Releases............ |
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17th May 2002
EAST SUSSEX TRIBUNAL WIN FOR Robert Campbell & Company
A Registered Homes Tribunal sitting in Lewes, East Sussex collapsed after the main witness for the Registration Authority, Sue Bobbins folded under cross examination by the home owner's lawyers.
Mrs Devi Jeeawon runs a home for mentally disordered adults in Bexhill. The local authority had said she was unfit to carry on the home and cited various issues, including a number of complaints, care for a particular resident and "possible" misappropriation of clients' funds all of which had been strenuously denied throughout by Mrs Jeeawon.
On the first day of the hearing the Tribunal heard a psychiatrist, Dr. Vale giving evidence to say that resident J appeared to have been neglected on the occasion that she saw him. However, resident J's G.P. of 13 years, Dr. Eaton, said he was perfectly satisfied with Mrs Jeeawon's care for his patient, effectively stripping away a major part of the authority's case.
Subsequently Sue Bobbins, the main witness and inspector of Langley House, gave evidence against Mrs Jeeawon. On the issue of client's funds she produced more documentation to bolster the authority's case but, under intensive and careful cross examination by Mrs Jeeawon's counsel, it soon became apparent that she had been wrong to suggest any wrong doing by Mrs Jeeawon. Her position having become untenable Mrs Bobbins then refused to take further part in the trial saying "I have had enough and I can't take any more of this" and the tribunal was forced to move on without her.
Ultimately, seeing their principal witness in tatters the Registration Authority felt obliged to withdraw before the Appellant had even begun to give evidence and the appeal was allowed.
Robert Campbell, solicitor for Mrs Jeeawon, said after the hearing
"I am delighted for Mrs Jeeawon, her family and staff, all whom have worked tirelessly, under enormous pressure from me, whilst continuing to maintain the quality of service for their clients, to get to the tribunal in a state of full preparedness. Counsel emphasised afterwards that he would not have been able to cross examine so effectively without our having prepared the case so thoroughly and that is the difference between success and failure in these very complex cases. Whilst Registration Authority witnesses are paid for their input, home owners find the task of spending hour after hour providing information, documentation and explanation in relation to events sometimes spanning years past almost impossible to reconcile with their duty to continue to maintain quality of care provision. I think this was particularly so in the case of Langley House which caters for a challenging group and does so very well. In some senses these types of home present easy targets for criticism. They are residential, not nursing homes, and professionals in the mental health field seem to expect staff to be virtually qualified RMN's which of course they are not. However, contrary to the case against Mrs Jeawon, many of her staff are experienced and dedicated to their, some would say unenviable, task.
Mrs Jeeawon added:
"It
has been an extremely difficult two years in maintaining the
high quality of care we provide, whilst coping with the constant
pressure and negative input from the inspection unit. My staff
and family have provided tremendous support during this difficult
period, which has finally come to an end.
I would like to thank our specialist solicitor, Robert Campbell,
Counsel Michael Curtis and Rebecca Taylor, Dr Eaton and everyone
else who showed faith in Langley House and the valuable service
we provide.
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