How the glass ceiling was restored

Mental Health Nursing, May 2005 by Pollock, Laurence

A seat on the trust board for a mental health service user ought to be the gold standard of inclusive policies. But for Diane Hackney the promise of true involvement turned to confrontation and bitter disappointment. She told Laurence Pollock about her experiences

Diane Hackney has worked in the mental health field for 14 years, most recently as the chief officer of a large mental health charity in the North East London Mental Health trust (NELMHT) area. Since May 2001, she has run her own successful business as a mental health user consultant and trainer and has carried out work for national organisations such as, mentality, the Department of Health and the Sainsbury Centre for Mental Health. She is currently an occasional lecturer at the London South Bank University and is involved in a national research project.

She was recruited to the board of NELMHT in 2000 on the basis of her work in mental health and because she was known to have personal experience of mental ill health. The Trust was aware of her condition which began in 1989. Following a relapse in her health, in November 2001 Diane was successfully treated and given medical authorisation to continue her work. She found, however, that senior trust management had communicated confidential medical details to employees and directors without her permission.

The trust then removed her from some of her key duties such as chairing the clinical governance committee without any proper consideration of her health or abilities - contradicting her consultant's advice that she was fully fit to work.

An enquiry by the National NHS Appointments Commission and the North East London Strategic Health Authority excused the Trust's actions. The Commission then dismissed her in 2003 after she declined to 'resign'.

Diane took legal action against the Trust for breach of her confidence, breach of her fundamental human right to patient confidentiality and discriminatory and unjustified removal from office. Following a long legal battle the Trust agreed to pay her £4,500 compensation plus her own 'substantive' legal costs. It also had to meet its own costs.

Diane said the way she was treated by some of the other directors was 'not only unbelievably bad, but also unlawful.'

I am shocked that the Trust tried to defend the indefensible for so long. They still haven't had the decency to apologise.

They treated me like a second class citizen and blatantly discriminated against me. I hope this never happens to any one again, although I have little faith that it won't whilst NELMHT's approach to such matters is as it is.'

Her solicitor, Paul Daniels said Diane showed amazing tenacity in taking on a Trust, almost single handedly.

'It appeared to have buried it's head in the sand and refused to apologise for it's serious mistreatment of her.

The lack of legal protection afforded to non executive directors and other statutory appointees is shocking. They really are second class citizens legally and I don't think anyone would sign up to such roles if they knew how exposed they would be to maltreatment and discrimination.

'It also sadly shows how discrimination against mental health users is still rife in the National Health Service.'

Non executive directors are not treated as employees. They do not have employment law rights and are also effectively excluded from the law protecting disabled persons from discrimination.

NELMHT issued the following statement to Mental Health Nursing:

'Diane Hackney was a non executive director of North East London Mental Health NHS Trust until the NHS Appointments Commission asked her to step down in November 2003.

'North East London Strategic Health Authority set up an independent inquiry to investigate Ms Hackney's complaints that confidential information about her had been improperly disclosed, and that she had been unfairly discriminated against as a disabled person. The inquiry panel, while not doubting the sincerity of Ms Hackney's grievance, wholly rejected her complaints as being unjustified.

'Prior to the independent inquiry, Ms Hackney had instigated a county court claim alleging a "breach of confidence" in common law and statute (Human Rights Act, 1998). Throughout, this has been rigorously denied by the Trust. Following the independent inquiry conclusion the NHS Litigation Authority, which handled the case for North East London Mental Health Trust, decided to secure a prompt economic settlement of £4,500 in order to avoid escalating legal costs. The Trust was content with this pragmatic decision on the basis that no liability whatsoever has been accepted for any wrongdoing.'

Diane Hackney broke through health management's glass ceiling when many service users do not get beyond the subbasement lift door. But the system could not accept her own health needs although that was the reason for her recruitment.

The glass ceiling is now restored and the upstairs down stairs relationship between between service use and service provision has been, sadly, restored.