2. Miss X complains on 9 August 2022 Somerset NHS Foundation Trust did not inform her it was raising a safeguarding concern. This led to the police attending her home.
3. Miss X says this caused her distress.
4. By bringing a complaint to us she is seeking service improvements.
5. Miss X had bipolar disorder which is a mental health condition that affects a person’s moods.
6. In August 2021 Miss X suffered a mental health breakdown. Her former partner got custody of the child she had with them.
7. Miss X’s former partner went on to form a new relationship and was expecting another child with them.
10. Before we decide if we should conduct a detailed investigation of a complaint, we look at whether there are signs the organisation has got something wrong. We do this by comparing what should have happened with what did happen. We have done this and have not found any indications that something has gone wrong.
11. Miss X had her first therapy session with the Trust on 9 August 2022. Miss X explained she left the session feeling happy and thought it went well. She felt relief after being able to speak about her feelings in confidence.
12. Miss X explained, to her surprise the police attended her home two days later saying the Trust’s therapist told them she had made threats to harm her former partner, their new partner and unborn child. We are sorry to hear Miss X felt humiliated by the police visit so much so she cancelled her next therapy session.
13. Miss X wrote to the Trust on 27 September 2022. She said she did not give permission for the therapist to contact the police or anyone. We appreciate Miss X was shocked and upset. She says she had opened her heart to the therapist.
14. Miss X wrote she would not have the left the appointment feeling content if she knew the therapist was going to tell police what they discussed. She said it was a breach of confidentiality.
15. Miss X’s grandmother wrote to the Trust on 3 December 2022. She said there was no way her granddaughter would cause harm to anyone. She said Miss X was simply letting out her grief and frustration after seeing her child with her former partner’s new partner.
16. The Trust responded on 23 March 2023. It said all clinicians had a duty of care to both patients and members of the public who may be at risk. The Trust said the therapist told Miss X they would be informing the police and safeguarding services as she had made threats to harm her former partner, their new partner and unborn child.
17. Miss X is adamant the therapist did not tell her they were going to call the police or raise a concern. She says she remembers the end of the session clearly and the therapist had asked what she was doing for the rest of the day. Miss X said she left feeling positive.
18. We have differing accounts about whether the therapist told Miss X they were going to raise a concern. We have seen the clinical record of the appointment Miss X had with the therapist on 9 August 2022 and the follow up safeguarding referral.
19. The therapist wrote they were concerned and needed to contact the police because Miss X had told them she had thoughts about harming her former partner and those close to them who live in the same area as her. Neither document states whether the therapist told Miss X they were going to do this.
20. It is not possible for us to say with certainty whether the therapist told Miss X they were going to raise a safeguarding concern or not. We have looked to see whether the therapist had a duty to inform Miss X that was their intentions.
21. The Trust’s policy for safeguarding adults sets out what its professional staff should do if they think someone may be at risk of harm. It says staff should discuss the concerns with the adult at risk and complete a safeguarding referral. It also says to consider contacting the police. The policy says doing nothing is not an option and it is better to act before harm may occur.
22. The policy says staff should ensure when making referral that involves the police, not to do anything which may to compromise the police investigation.
23. The Trust’s policy on safeguarding and protection of unborn babies and children says all professionals have a duty to safeguard children. It says the best interest of an unborn baby and child is paramount. Professionals must act promptly to support them as this may prevent situations escalating into something more serious.
24. Further it says fears about sharing information must not stand in the way of protecting the safety of children. It says professionals may share information without consent if it is their opinion there is a risk of harm to a child or other person.
25. We appreciate Miss X was going through an extremely difficult time with the breakdown of a relationship and not having access to her child.
26. We also must consider the therapist had a duty to act as they felt there may be a risk of harm. We are not saying Miss X had intention to act on the thoughts she was having. Trust guidance said the priority for the therapist was to ensure the safety of those they felt may be in danger.
27. The guidance does not set out that the Trust must inform the person they are raising a concern about of their intentions. Further, it says the therapist did not need consent to share information where they felt there was a risk of harm. We appreciate Miss X expressed her feelings to the therapist to get help. We are sorry she was left feeling betrayed.
28. The therapist felt there was cause for concern and acted in line with Trust guidance. For this reason, we have not seen an indication of a failing.
29. We thank Miss X for bringing her complaint and sharing her experiences with us.
1. We have carefully considered Miss X’s complaint about Somerset NHS Foundation Trust (the Trust). We are sorry to hear about the distressing time she had when her mental health declined and she lost access to her child. We do not underestimate how difficult that time must have been. We have not seen an indication the Trust did anything wrong.