Alongside the news of their memorandum of understanding with the police, the NHS counter fraud and security management service released some recent cases of assaults on NHS staff and the courts’ sentences and sanctions.
Kim Waters
Bournemouth Magistrates’ Court declined to issue an Asbo preventing a patient accused of causing ‘chaos’ in A&E departments and GP surgeries in Bournemouth from abusing NHS staff.
Under the terms of the suggested Asbo, Kim Waters would have faced prison if she abused NHS staff or misused services anywhere in England and Wales.
Waters from Bournemouth regularly became abusive to staff members from the Royal Bournemouth Hospital, Dorset Ambulance service and other healthcare organisations throughout the region. The 36-year-old even produced weapons while in A&E on at least six occasions since May 2004. In response to this the NHS Security Management Service, in partnership with Bournemouth Council, Dorset Police and the Crown Prosecution Service decided to seek an Anti-Social Behaviour Order (Asbo) against Waters to protect staff from further abuse.
More recently she has been arrested twice for public order offences at Bournemouth A&E, and has been convicted once for having an offensive weapon at the hospital. Since May 2004 she has called the police inappropriately at least 65 times, and called Dorset Ambulance service 24 times, on many occasions subsequently refusing treatment.
An Asbo was granted preventing Waters from calling the police and being a nuisance to neighbours but the court did not feel that preventing her from contacting NHS staff unnecessarily was appropriate on the 12th July 2005.
Michael Souter
A man who violently kicked a nurse in the groin in an unprovoked attack escaped all sanctions apart from a nominal fine on the 3rd of May 2006 at Grimsby Magistrate’s Court, after a private prosecution was taken by the NHS Security Management Service (NHS SMS). Michael Souter, 43, pleaded guilty to Actual Bodily Harm at an earlier hearing – the minimum tariff for ABH is usually a 6 month prison sentence. Souter escaped with an order to pay £400 compensation to the victim and £200 prosecution costs.
The assault occurred when Souter, of Meadow Drive, Healing, Grimsby was admitted to the psychiatric ward at the Princess of Wales Hospital, Grimsby for observation in March 2005. Souter became increasingly agitated and threatened staff members before trying to attack a nurse. While other staff members struggled to restrain him, Souter kicked nurse Claire Rodriguez, knocking her over and causing severe bruising. Rodriguez was absent from work for a month and endured physical pain, trauma and stress following the incident.
Souter was assessed by a psychiatrist and was not found to be suffering from mental illness. The matter was reported to Humberside Police and they cautioned Souter for his behaviour. Miss Rodriguez, however, was not happy with this outcome and approached the NHS SMS. Legal experts from the NHS SMS Legal Protection Unit studied the case and decided that a private prosecution was appropriate given all of the circumstances of the case. Guidelines for formal caution require that the victim is consulted on whether they feel a caution is appropriate. This was not done.
The NHS SMS Legal Protection Unit therefore pursued the case and Souter admitted the assault on the 5th of April 2006 at Grimsby Magistrate’s Court.
Jason Butcher
A man who threatened and assaulted a community nurse avoided prison and even community service when sentenced to a 12 month conditional discharge, £200 costs and £100 compensation, at Wolverhampton Crown Court on the 17th of January 2006.
The case was brought after a Community Nurse made a visit to a Butcher’s home address on the 20 April 2004. During the course of the visit she was verbally abused and threatened by Butcher. She was physically ejected from the house, during which she suffered bruising to her arms and legs. The victim was traumatised by the incident and was determined that Butcher face prosecution for his actions. The police felt that prosecution was not in the public interest and the matter was then taken up by the Legal Protection Unit who assessed the evidence and felt that prosecution was appropriate.
Joel Eneke
A man who punched two nurses in the face in two separate, unprovoked attacks was given a two year conditional discharge and given no further punishment or required to pay any compensation or costs, at Brighton Magistrate’s Court on the 2nd of June 2006. Each offence of common assault could have led to a six month prison sentence.
On Sunday, 12 June 2005 Joel Eneke, in an unprovoked attack, punched psychiatric nurse Paul Wilkinson in the face after the nurse asked him to stop smoking in a non-smoking area at Millview Hospital, Hove.
Wilkinson was very shaken by the incident and was unable to attend work the following day due to the injuries he received.
The following day, Eneke punched another nurse, Hena Rohman, in the face after he had had his access to the garden and home leave removed for the assault on Paul Wilkinson. Rohman was also hurt and was off work sick unable to return until the 18 June 2005.
The police were notified of the assault and attended the scene where they obtained a statement from Nurse Rohman but decided to take no further action, stating: ‘due to the suspects detention under the mental Health Act we are unable to interview him and progress these matters’. The matter was therefore referred to the NHS Legal Protection Unit who thoroughly reviewed the case and decided that a private criminal prosecution was appropriate.
Conditional Discharge means that the defendant must not reoffend within the period set down or they can be sentenced for both the original offence and the new one.
