The move follows figures that show that the controversial restraint technique has been used hundreds of times a year in some trusts. This level of use is described as excessive by the Health Minister, Norman Lamb.

Research carried out by mental health charity Mind finds that some mental health trusts no longer use the face-down restraint method as it is considered too dangerous and traumatic for the patient.

However, figures obtained under the Freedom of Information Act reveal that two mental health trusts employ the method two or three times a day!

These are Northumberland, Tyne and Wear trust and Southern Health trust, based in Southampton. In 2011/12 the trusts used the face-down restraint 923 times and 810 times respectively.

Between Northumberland and Southampton, they accounted for nearly half of all the face-down restraint revealed in the figures.

But, a number of the 54 mental health trusts approached were not able to provide figures on the method being used and this is despite the fact that it is a requirement by law to document and review every episode.

Mr Lamb has ordered specific investigations in to the use of face-down restraint at Northumberland and Southampton trusts, saying he wants them to address what he calls a ‘very considerable excessive use of restraint’.

Melanie Lidstone Land, expert medical negligence and mental health lawyer at Swain & Co says, “My clients repeatedly tell me that the use of the face-down restraint technique is degrading and terrifying for them. Trust is essential for mental health patients in order to establish a therapeutic relationship with staff, and the use of such methods of restraint can undermine that trust and, ultimately, exacerbate mental health symptoms.”

“It must not be considered acceptable for mental health trusts to employ the method on what is alleged to be an excessive scale.”

“The patients who have been subject to the method and their families are entitled to answers from the trust, and I hope the investigations provide these answers.”

In a report by Mind they say there has been 13 restraint-related deaths of people who are detained under the Mental Health Act since the death of David Bennett in 1998. Eight of those deaths occurred in one single year, which was 2011.

The independent inquiry into Mr Bennett’s death found that his death was as a direct result of prolonged face-down physical restraint and the level of force used by staff at a medium secure mental health unit.

Melanie adds, “I support the calls for investigation into this as the effect of the use of face-down restraint can be detrimental”

“Patients and their families need to trust nursing staff to protect them and their loved ones.”

Melanie is part of Swain & Co.’s mental health team and is a member of the Law Society specialist Mental Health panel.  She is also a medical negligence lawyer, experienced in helping patients and their families with a variety of issues in relation to the Mental Health Act and medical negligence matters.

So, if you or a loved one needs legal help for mental health matters or medical negligence issues, call Melanie for free on 0800 0351 999

Scotland Yard said that a 70-year old man attended a central London police station voluntarily and accepted a caution for the assault yesterday afternoon.

Mr Saatchi has reportedly said that the photos showed a ‘playful tiff’ between the couple and Nigella’s tears are because they both hate arguing, but they made up by the time they were home.

Nigella Lawson has not commented.

The photos were taken about a week ago in London, and Nigella made no complaint to police. But, Scotland Yard said that they were aware of the photos which were printed in a Sunday People article published on 16th June and carried out an investigation.

Nicola Whitley, domestic violence lawyer at Swain & Co, says, “Domestic violence can take many forms and can affect people in different ways. Nigella has not commented on this matter and did not make a complaint to the Police but the Police have clearly taken the incident seriously by taking action. Just because one person does not take action, does not mean that you shouldn’t. No incident is too small, it just depends how it impacts on you personally.”

Nicola is a member of, and treasurer of, Young Resolution West Sussex who decided to raise money for the centre which is run by volunteers and provides a valuable service for the community when parents are in dispute after separation.

The event raised £1,700 for Chichester Contact Centre. A cheque, arranged by the treasurer, Nicola, was presented to the centre on 17^th May.

A spokesperson for the organisation has said it is hypocrisy at a time when Government is criticising absent fathers that they are making it harder for them to access justice and have contact with their children.

Samantha Lee, family lawyer at Swain & Co and Resolution member, says, “The cuts mean that many parents could lose out on contact with their child or face unfair financial arrangements. Ultimately, it will be the children that lose out.”

“Many parents are resorting to representing themselves in court at what is an emotionally charged and distressing time for them.”

The Government withdrew legal aid funding for several areas of civil law from April 1^st 2013. It is estimated that 600,000 people will have been affected by these cuts across the country. Only exceptional cases, which include those involving domestic violence and forced marriage, will have access to legal aid.

Samantha explains, “Those needing family law advice should still speak to a solicitor who offers free initial advice, such as us, as you can discuss the options that are available. For example, you could take advantage of a pay as you go service to legal advice, such as our Your Case, Your Way scheme.”

“Plus, many divorcing couples should know about and explore the option of family mediation. Legal Aid funding may also be available for family mediation.”

Samantha Lee is also a family mediator; see more about family mediation on our dedicated website.

The important thing for anyone facing divorce and separation is to talk and know your options.

For a free family law advice consultation, call Samantha for free on 0800 0351 999.

Graeme Swain, managing partner of Swain & Co has passed on his personal congratulations to Carol and, being on the LAPG committee, he was one of the first to hear Carol’s news.

LAPG is the only real representative body for Legal Aid Practitioners and plays a crucial role in lobbying for change, representing practitioners in Legal Aid issues and providing important training to Legal Aid practitioners.

The LAPG also host the annual Legal Aid Lawyer of the Year awards, dubbed the ‘Legal Oscars’ and this year the awards are to be held at The Globe Theatre in London.

Swain & Co are pleased to be attending again this year as we have been shortlisted for Legal Aid Firm of the Year for the second year running.

Congratulations again to Carol, we look forward to congratulating you in person on 2^nd July!

In particular, the regulator states it is to trial a system whereby noted high death rates would trigger an investigation.

Currently, care homes are required to report to the CQC when a resident dies. However, a recent BBC Panorama investigation found that some homes had not been doing this.

The CQC have said that it will consider sanctions for those who do not comply.

The move comes amid the Mid-Staffordshire scandal where higher than expected death rates at two hospitals indicated problems of poor care.

According to the CQC, one third of care and nursing homes in England are not meeting all the necessary standards.

The regulator says that it is determined to identify poor care earlier.

The CQC told Panorama that along with looking at death rates, they want to introduce specialist inspectors and gather more information for residents’ families and the care home staff.

Melanie Lidstone Land, expert medical negligence lawyer at Swain & Co, says, “It is important that the care regulator monitors death rates in these homes, as well as ensuring that they are fulfilling their legal requirements to report deaths to the CQC.”

“We are talking about people’s lives, and where poor care may be responsible for a person’s death, it is vital that the family of that loved one knows the truth and, of course, that appropriate action is taken to prevent the same happening to another resident.”

Melanie is part of our medical negligence team who work with our community care lawyers to provide advice and assistance to vulnerable people, including the elderly, the disabled and those suffering mental illness.

We can help with a variety of matters, including:

•             Medical Negligence

•             Social Services Assessments

•             Adaptations to the home

•             Residential care

•             Non-residential care and support

•             NHS care and support

•             Benefits and Grants

•             Funding of Care

•             Disputes and Compensation Claims

•             Mental Health Problems

•             Abuse of the Elderly and Safeguarding

•             Care planning

•             Mental Capacity

•             Deprivation of Liberty Safeguards (DOLS)

•             Negotiating Best interests decisions and attending Best Interests Meetings

•             Court of Protection applications and challenges

•             Enduring / Lasting Powers of Attorney and Deputyship Orders

We can offer advice under Legal Aid and, where appropriate, on a no win no fee basis.

If you need advice or assistance with any of these issues, please call our community care solicitors now on 02380 631111 (Southampton) or 02392 483322 (Havant/Portsmouth).

Officers in the borough have identified domestic violence and abuse as a widespread issue and will attempt to tackle it by working with hard to reach groups.

The police have identified teenagers, elderly and people in same sex relationships, as well as those whose first language is not English, as priority for focus in the area.

The aim is for people across the borough to know where to go when they need help as well as awareness of what constitutes domestic violence and abuse.

Nicola Whitley, head of Swain & Co’s domestic violence department says, “It is positive that police in parts of Hampshire are focusing on working with hard to reach groups of people who may be suffering from domestic violence and abuse.”

“It is essential that awareness is spread across our community, and people know that they do not have to suffer in silence.”

Nicola runs our domestic violence and abuse department, which offers a drop in clinic every weekday from 09.00 – 17.00 at 3-5 South Street, Havant.

We also have a 24/7 emergency text and call number so you can call or text us as and when you are able to on 07435 969798

Nicola’s message is, “Don’t suffer violence in silence; we are here to help you.”

Inappropriate messages to the opposite sex are the biggest cause for complaint.

More than 33% of divorces last year listed Facebook as a contributing factor in a study of 5,000 divorce petitions in the UK.

The figure has increased from 20% in 2009.

Suspicious check-ins at restaurants, incriminating status updates and inappropriate photos being posted online were all being increasingly used as evidence in divorce.

The UK study also found that former couples are using Facebook to vent their feelings about one another, posting comments for all to see.

Samantha Lee, expert family lawyer at Swain & Co says, “As more people use online communication, naturally there will be an increase in online based evidence being used in family courts.”

“The problem is that sometimes this can fuel divorce to become acrimonious, and it needn’t be.”

“Divorce is an emotionally difficult time for the whole family. Family mediation can help to keep the best interests of your whole family at the heart of discussions to reach amicable agreements on issues arising from divorce.”

Ministers are warning home care neglect could be the next scandal to arise from the sector.

Muriel Price is 83, and her family installed CCTV cameras in her house in Blackpool to monitor her movements and provide help should she fall whilst home alone.

The videos reveal carers failing to turn up for visits or turning up late which caused Mrs Price great distress.

Mosaic Community Care say that they have never been informed that the family had concerns and that patient’s care is of paramount importance to the company.

One scene recorded showed Mrs Price in great distress before her carer arrived. Mrs Price had been in bed for 13 hours as her carer was nearly 1 hour late. She tried to contact the care company, carers, family and neighbours for help but failed to reach anyone.

She is heard crying out, “Disgusting this is, absolutely disgusting. It’s not good enough, I can’t put up with it much longer.”

She then quietly sobs before crying out for her husband, who was her primary carer before his death.

Eventually the carer arrives, 55 minutes late.

The footage seen by the BBC covers a period of nearly a month where carers turn up late or not at all on at least 12 occasions. Several other visits recorded were much shorter than the 1 hour they are contracted for.

Some carers were professional, there was footage examples of others that were not.

On one occasion it shows a carer sticking her fingers into food to check its temperature and on another occasion a carer changes Mrs Price’s incontinence pads in full view of the street.

Mosaic say that at no time were any issues raised by the family and that they are an awarding wining care provider.

Mrs Price is now being cared for in a care home.

Norman Lamb, Care Minister, was shown the footage and says the current system resulted in too often poor care, low wages and neglect of patients.

If you need help with the care you or a loved one receives, speak to Kelly Evans or Nicholas Endean, our specialist Community Care solicitors.

Call for free on 0800 0351 999

Northern Devon Healthcare NHS Trust and Plymouth Hospitals NHS Trust have admitted liability and the NHS Litigation Authority agreed to pay an undisclosed sum in an out of court settlement for the family’s loss.

Christine Smith had first gone to North Devon District Hospital in Barnstaple complaining of persistent headaches, vertigo and numbness in her face.

She was referred to Derriford Hospital in Plymouth on the 2nd July where she was examined. Instead of being admitted for surgery, a further appointment was scheduled for 20th July.

Mrs Smith died on 17th July at Frenchay Hospital in Bristol from a brain haemorrhage after she collapsed at home the day before.

Patrick Oliver, expert medical negligence solicitor at Swain & Co, says, “Failure to diagnose a condition or illness can have very serious consequences, and in this tragic case, it led to a woman losing her life.”

“Opportunities were missed to save Mrs Smith’s life. I am pleased to see the hospitals responsible admitting their failings.”