Ombudsman Annual Report 2018-2019

22 Ombudsman Sixth Annual Report 2018 - 2019 :HTWSL *HZL 6UL &RPSODLQDQW $ DWWHQGHG WKH 2PEXGVPDQ·V 2IÀFH WR ÀOH D UHTXHVW RQ EHKDOI RI KHU QLHFH D VHQWHQFHG LQPDWH LQLWLDOO\ FRPPLWWHG WR WKH ,VD 7RZQ :RPHQ·V 5HIRUP and Rehabilitation Centre. Complainant A said that her niece had been taken to a psychiatric hospital and that her doctor at the hospital was not allowing her to use WKH KRVSLWDO JDUGHQ 6KH VDLG WKDW VKH KDG EHHQ WROG that this was because no permit to authorise this had been provided by the Centre. Complainant A requested assistance from the 2PEXGVPDQ 2IÀFH WR HQVXUH WKDW KHU QLHFH ZRXOG EH permitted to visit and exercise in the hospital garden. 7KH 2PEXGVPDQ 2IÀFH FRPPHQFHG LWV LQYHVWLJDWLRQ DQG FRQWDFWHG WKHDGPLQLVWUDWLRQDW WKH:RPHQ·V5HIRUP DQG 5HKDELOLWDWLRQ &HQWUH WR GLVFXVV FRPSODLQDQW $·V request for assistance and review related records DQG UHSRUWV ,W ZDV HVWDEOLVKHG WKDW IROORZLQJ WKH DUULYDO RI FRPSODLQDQW $·V QLHFH WR WKH FHQWUH VKH ZDV LPPHGLDWHO\ WUDQVIHUUHG WR WKH SV\FKLDWULF KRVSLWDO LQ order to continue receiving treatment for known medical problems that could not be adequately or appropriately treated in the Rehabilitation Centre. The investigation also established that any decision WR SHUPLW FRPSODLQDQW $·V QLHFH WR VSHQG WLPH DQG exercise in the hospital garden was at the discretion of WKH GRFWRU UHVSRQVLEOH IRU KHU FDUH DQG WKDW QR SHUPLW from the Rehabilitation Centre is required. An ombudsman investigator contacted the consultant DW WKH KRVSLWDO LQ UHODWLRQ WR FRPSODLQDQW $·V UHTXHVW :KHQ WKH GHFLVLRQ PDNLQJ DXWKRULW\ RI WKH GRFWRU LQ WKLV PDWWHU ZDV FODULÀHG WKH KRVSLWDO DJUHHG WKDW DUUDQJHPHQWV ZRXOG EH PDGH IRU FRPSODLQDQW $·V QLHFH to use the hospital garden every day. 7KH 2PEXGVPDQ 2IÀFH LQIRUPHG WKH FRPSODLQDQW RI the outcome. :HTWSL *HZL ;^V 7KH 2PEXGVPDQ 2IÀFH UHFHLYHG D FRPSODLQW IURP 0U %·V IDWKHU 0U % LV DQ LQPDWH LQ WKH \RXQJ LQPDWHV 5HIRUP DQG 5HKDELOLWDWLRQ &HQWUH DW 'U\ 'RFN 0U %·V IDWKHU DOOHJHG WKDW D SROLFH RIÀFHU KDG DVVDXOWHG KLV son. An Ombudsman investigator went to Rehabilitation Centre at Dry Dock to interview Mr. B. in the 2PEXGVPDQ·V LQGHSHQGHQW RIÀFH :KHQ DVNHG DERXW WKH FRPSODLQW ORGJHG E\ KLV IDWKHU 0U % VDLG WKDW DW WKH HQG RI WLPH RXW RI WKH FHOO D SROLFH RIÀFHU ZDQWHG to carry out a routine search before returning him from WKH \DUG EDFN WR KLV FHOO EXW KH UHIXVHG +H VDLG WKDW WKH RIÀFHU WKHQ WRRN KLP WR WKH UHFHSWLRQ DUHD DW WKH building where he was handcuffed and then assaulted and insulted. Mr. B. said that the assault led him to bang his head on the wall and injure himself which resulted LQ RWKHU RIÀFHUV LQWHUYHQLQJ WR FDOP KLP DQG WDNH KLV statement regarding the incident. Mr. B added that he ZDV WDNHQ WR WKH FHQWUH·V FOLQLF WR UHFHLYH WUHDWPHQW Mr. B stated that his friend had witnessed the incident. The investigator interviewed the witness and took a VWDWHPHQW ZKLFK FRUURERUDWHG 0U %·V DFFRXQW RI WKH assault. The witness stated that he was also taken to the reception area because he refused to be searched. +H VDLG WKDW EHIRUH KH ZDV WDNHQ EDFN WR KLV FHOO KH saw Mr. B hysterically bang his head against the wall DIWHU EHLQJ DVVDXOWHG DQG LQVXOWHG E\ D SROLFH RIÀFHU The witness said that he was then returned to his cell. The Ombudsman investigator requested and examined WKH PHGLFDO UHSRUW RI 0U %·V YLVLW WR WKH FOLQLF IROORZLQJ the alleged incident. The report records that there was a wound to his forehead as a result of him banging it against the wall. It is noted that his awareness was XQDIIHFWHG DQG WKDW KH GLG QRW ORVH FRQVFLRXVQHVV The investigator also inspected the location of the incident and it was found that there were surveillance cameras in the area. Investigators requested footage from the cameras for the date and time of the incident. The footage was examined and showed that a police RIÀFHU DVVDXOWHG 0U % LQ WKH SUHVHQFH RI WZR RWKHU RIÀFHUV RQH RI ZKRP XQVXFFHVVIXOO\ DWWHPSWHG WR