Mental health ward patient's killing could have been avoided - judge

"Dreadful events" which led to the killing of a man by another patient in a mental health ward were "entirely avoidable", a court has heard.

Owen Herbert, 19, strangled Richard Laversuch, 63, at the NHS-run Parklands Hospital in Basingstoke, Hampshire, in November 2021.

Judge Peter Fraser spoke of "a litany of failures" and pledged to write to the government to call for action.

Herbert was given an indefinite hospital order.

He previously pleaded guilty to manslaughter on the grounds of diminished responsibility, causing actual bodily harm and assaulting an emergency worker.

Winchester Crown Court heard Herbert, from Overton, was admitted to the "low-risk" ward run by Southern Health NHS Foundation Trust a few hours before the attack.

His parents had called for help numerous times and when he was at home on 26 November 2021 he told medical staff his life was a "game", the court was told.

It was also heard when police arrived later Herbert talked about "having to do a massacre" because he would be killed if he did not do what the game wanted, so he was "gonna murder everyone".

Herbert was admitted to hospital just before midnight on 26 November.

Hours later he calmly walked into a neighbouring patient's room and tried to strangle him.

The alarm was raised, the court was told, but Herbert was able to return to his room, and then 13 minutes later, left to go into Mr Laversuch's room and killed him.

Sentencing Herbert on Friday, Judge Fraser said these "dreadful events" on a "low-risk ward" were "entirely avoidable".

He pledged to write to the secretary of state for health and social care in the hope action could be taken to make sure something like this never happens again.

In a victim personal statement, Mr Laversuch's sister Bridget Ryan said the circumstances "of his powerlessness to protect himself in a hospital ward, which should have been a place of safety and a therapeutic environment" left his family feeling "guilty, sad and angry".

"We feel guilty primarily because Richard had repeatedly said that he was frightened of other patients in the ward," she said, adding it could not be right that Mr Laversuch "who was so vulnerable was exposed to such danger".

Herbert, who had been diagnosed with "treatment resistant schizophrenia", had been held in the psychiatric intensive care unit at the same hospital two months before the attack, the court was also told.

Southern Health NHS Foundation Trust said its condolences went out to the family of Mr Laversuch, who was from Andover.

In a statement, Ron Shields, the trust's chief executive, said: "We are profoundly sorry that, in the few hours after Mr Herbert's admission to an acute mental health ward, we were unable to ensure the safety Richard had the right to expect.

"Following the tragic event the trust took immediate steps to ensure the safety of all other patients.

"Today's sentencing concludes the justice process and NHS England can now proceed with an independent homicide review."

The Care Quality Commission told the BBC: "At the time of Mr Laversuch's death we liaised closely with Southern Health to ensure that all people at Parklands Hospital were receiving safe care."

As the police investigation has concluded, the watchdog said it would take "any necessary action" that was appropriate.

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