IN the week that a number of police forces have been criticised in a report on their care of vulnerable people, an angry mother has slammed officers in Essex for putting her son through the trials and tribulations of a court case.
On Monday, a bid to prosecute 25-year-old Michael Carr for drink driving was thrown out after magistrates heard that police had completely disregarded the circumstances that led to him being found under the influence of drink – and possibly drugs – and in a state of undress on a Thurrock country road.
His mother, former Thurrock councillor Lynn Carr is calling for a review of the case and wants a face-to-face meeting with Essex Police and Crime Commissioner Nick Alston.
The trial of 25-year-old Michael Carr was brought to a conclusion at Basildon Magistrate’s Court on Monday, several months after he was arrested.
Michael, from South Ockendon, was arrested on 23 August last year when he was found wearing just boxer shorts and a t-shirt in Buckingham Hill Road, East Tilbury. He had been out that night in the Coalhouse Fort, but fled the accommodation allocated to him by social services after an incident with another resident.
Michael, who has since been diagnosed with emotionally unstable personality disorder, was arrested for failing to provide a specimen after police believed he had been drink driving.
He was taken to Grays Police Station, where he was kept from just before 12am that night until 5pm Sunday afternoon.
It is there that his mother claims Essex Police failed him as his mental health problems were picked up on by mental health professionals, but dismissed by the police.
She said that while waiting in custody, Michael was assessed by three Health Care Practitioners, one of which made a statement to say they were fearful Michael might carry out his threats of suicide if released.
The third HCP carried out a full mental health assessment, concluding that Michael was showing signs of undiagnosed mental health issues.
She added that one HCP said Michael should have had an appropriate adult sitting with him while being questioned and he may have even been eligible for Basildon’s Mental Health Unit – but neither suggestion was adhered to.
“There were so many alarm bells going off that were missed,” his 48-year-old mother Lynn told the Enquirer.
“The way I see it is the police, although they have a Mental Health Act, always rely on the Health Care Practitioners to guide them. In this case, that never happened. They were told twice that Michael’s health was of great concern.
“A police station is not a place of safety for Michael. There was a bigger issue there that in my opinion the police completely missed – they were very unprofessional and certain procedures were not adhered to.”
Michael had left home after a decline in his mental health and was diagnosed with an adjustment disorder in 2009 – later discovered to be emotionally unstable personality disorder in December last year.
His mother Lynn, also from South Ockendon, is now calling on Police Commissioner Nick Alston to meet with her and explain what went wrong in her son’s ordeal – and why the issue was taken to court when, in her eyes, there was no reason for it.
She said: “I would like Nick Alston to contact me and for me to sit with him and ask him what went wrong and why it went wrong. He is involved in the Mental Health Concordat and I think police need to be aware of this. What really worries me is how many Michael’s have taken a conviction or been subjected to an injustice because a proper procedure was not carried out?
“How many people have been wrongly convicted because they had no one to stand up for their rights? The silent witnesses are the people who live with people with mental health issues.
“The Essex Police procedure dealing with Michael was very wrong. It’s been seven months of misery, anxiety and worry for the whole family and a serious decline in Michael’s mental health, which could have led to a tragic conclusion, but thankfully it hasn’t.
“I want all agencies to sit up and start listening to the people that live with people with mental health. Police have got to sit up and start listening. There should be a system that flags up mental health when people are arrested.”
Michael’s case was thrown out at Basildon Magistrate’s Court on Monday, 9 March after an objection from his solicitor.
In the pre-trial review the previous Thursday, the crown prosecution had agreed for him to have an intermediary and agreed a trial for the Monday.
But, on arrival on Monday, prosecution Shelley Deutsch wanted to rearrange the trial so she could cross examine the psychiatrists who had written reports on Michael’s behaviour while in custody – something that Michael’s defence, Mr Ian Lancaster, said should have been bought up in Thursday’s pre-trial review.
He added that Michael had prepared himself for a trial and costs had already been paid out for an intermediary. He also said that the law states a defendant must be warned of their failure to provide a specimen in a drink driving case. After speaking to police, he said the officer could not remember whether he had asked Michael or given him enough warning.
Chair of the Bench Miss Ross did not grant the adjournment in light of Michael’s mental health issues and said: “A new trial date may be months away and the defendant’s ability to give evidence would decrease.
“We do not feel it is in the interest of justice to adjourn.”
Michael was then free to leave the court and the case was dismissed.
After the hearing, Lynn said: “I am relieved and elated. I don’t think it’s really sunk in for Michael that he has not got a fine or conviction.”
But she wants Essex Police to compensate for taking the case to court. She added: “What a waste of taxpayers’ money, which could have gone into a service. Police should be made to make a monetary donation to MIND with the money that was wasted bringing it to court.
“I do believe that Essex Police should give to an organisation that is struggling for the upmost benefit for people like Michael on the road to recovery.”
Michael has now moved into his own council house in South Ockendon and has help and support from Thurrock Council Adult Social Care’s Community Mental Health Team and Assertive Outreach, who see to him a few times a week and helped him move out.
Lynn added: “I just want to speak with the PCC. For people who are banging their heads against a wall: stop banging your heads and start shouting. Help is there – but getting to it is like wading through treacle.”
