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Whistleblower says capacity test was used to silence him after media exposure

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Jacob Robertson claims Swansea Bay Health Board ordered unlawful mental health assessment the day after his story appeared online

A YOUNG patient receiving care under Swansea Bay University Health Board says he was subjected to a sudden and unlawful mental capacity assessment as retaliation for going public with concerns about his treatment.

Jacob Robertson, 19, has accused the Health Board of attempting to silence him using what he describes as “a misuse of clinical tools for non-clinical purposes” following the publication of his story by Wales Online in May.

The following day, he says he was unexpectedly summoned into a room at Cefn Coed Hospital where two doctors and a nurse were waiting — with a capacity assessment form already prepared.

“There was no warning, no advocate, no explanation,” said Mr Robertson. “The doctor literally said, ‘Don’t know why to be honest… I was just told to do it.’ That’s not how lawful assessments work. It was clearly ordered from above — an abuse of power to intimidate me.”

Mr Robertson was ultimately found to have capacity, but says the process itself breached guidance under the Mental Capacity Act 2005, and occurred without proper notice, consent, or justification. He has submitted a formal complaint and says he intends to escalate the matter to the Public Services Ombudsman for Wales.

He alleges this is part of a wider pattern of harmful decision-making within the Health Board, including failures in risk management, denial of access to NICE-recommended therapies, and what he describes as “institutional attempts to discredit or silence whistleblowers.”

Mr Robertson is diagnosed with Emotionally Unstable Personality Disorder (EUPD). Despite multiple consultant psychiatrists and AMHP social workers recommending Dialectical Behaviour Therapy (DBT), he says the service refused to offer the therapy on age-related grounds — a reason he claims breaches national guidance.

In addition, he has raised safety concerns after being hospitalised following an anaphylactic reaction to Brazil nuts, despite his known allergy being recorded. He says no follow-up was undertaken, and that nurses had dismissed his earlier complaints as “attention seeking.”

In correspondence seen by The Herald, Mr Robertson also challenges inaccurate medical records, including a diagnosis of autism spectrum disorder (ASD) that he says was ruled out by internal assessments but continued to appear in his clinical notes.

His online petition calling for a public investigation into Swansea Bay mental health services has now gathered over 3,000 signatures. In the petition, he draws attention to multiple deaths associated with Ward F at Cefn Coed Hospital, including those of Andrew Davies, Jean Pike, and Nicolas Harrison — each the subject of a coroner’s Prevention of Future Deaths report.

“The truth is I wouldn’t still be here if I hadn’t fought this hard,” he told The Herald. “But I shouldn’t have to. The way I’ve been treated for raising genuine, fact-based concerns has been nothing short of hostile.”

HEALTH BOARD DECLINES TO COMMENT ON INDIVIDUAL CASE

When approached for comment, Swansea Bay University Health Board issued the following statement: “Strict confidentiality rules mean we are unable to comment on individual patients in our care and therefore cannot comment on the claims being made. However, we can confirm we are aware of the patient’s concerns, and we are working to better understand and hopefully resolve them. We actively encourage patients to always let us know if they have any concerns.”

COMPLAINTS ESCALATING

The capacity assessment complaint is now one of several issues Mr Robertson is pursuing. He has submitted three formal complaints, and has pledged to bring matters to the ombudsman if the Health Board does not take meaningful action.

A video recorded by Mr Robertson outlining the capacity assessment incident is available on YouTube and includes audio excerpts he says prove the process was conducted improperly.

The Herald understands Mr Robertson has the backing of both his mental health advocate and legal support in asserting that the capacity assessment lacked lawful basis.

CALLS FOR TRANSPARENCY AND REFORM

Jacob Robertson’s case is now one of the most high-profile patient-led campaigns to emerge from Swansea Bay’s mental health system in recent years. His detailed documentation, willingness to speak publicly, and insistence on accountability reflect growing frustration among service users across Wales.

While the Health Board says it is “working to better understand” the issues raised, campaigners argue that deeper cultural change is required.

“The problem isn’t that they don’t know,” said Mr Robertson. “It’s that they don’t want to admit what they already know. And until they do, people will continue to be harmed — or worse.”

His fight for answers — and for access to safe, appropriate care — continues.


If you or someone you know has been affected by mental health care failings at Swansea Bay University Health Board, contact us in confidence at [email protected]

 

Health

Paper petition launched in Withybush hospital campaign

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RESIDENTS across Pembrokeshire can now back the campaign to protect services at Withybush Hospital by signing a paper petition available in council offices across the county.

The initiative has been introduced to ensure those who are digitally excluded – including older residents and people without reliable internet access – are still able to have their say.

The petition, originally launched online by local resident Ajay Owens, has already attracted more than 11,000 signatures. Campaigners say the introduction of paper copies will help ensure the final total reflects the views of the whole community.

Samuel Kurtz MS and Paul Davies MS

SUPPORT GATHERS PACE

Local Senedd Members Paul Davies and Samuel Kurtz, who are supporting the campaign, said it was vital that every voice is heard.

The Preseli Pembrokeshire MS, PAUL DAVIES said: “We have taken significant steps to highlight the importance of protecting services at Withybush Hospital, including gathering evidence from staff, patients and residents, and raising concerns with health leaders. It is vital that people continue to share their experiences of why local services matter.”

SAMUEL KURTZ MS added: “The community has come together before to oppose cuts to Withybush, and once again the community are showing they will not accept the closure of services at Withybush lying down. We will stand beside them every step of the way until this decision is overturned.”

Both Members have formally requested that the petition be debated in the Senedd before its dissolution, in a bid to ensure Pembrokeshire residents’ concerns are considered at the highest level.

RURAL CARE CONCERNS

Campaigners argue that maintaining services at Withybush Hospital is critical for patient safety, timely emergency care, and supporting rural communities, where travel times to alternative hospitals can be significantly longer.

Residents wishing to sign the petition can do so at their local town or community council office during normal opening hours.

Ajay Owens said: “I am incredibly heartened by the support from our local town halls and businesses. This petition is about giving every resident in Pembrokeshire a voice, and having these physical locations available ensures that everyone, regardless of their access to the internet, can stand up for what matters to our community and share their concerns.”

WHERE TO SIGN

Paper copies of the petition are currently available at locations including Fishguard and Goodwick Town Hall, Haverfordwest Town Council at the Old Wool Market, Milford Haven Cemetery Lodge, Narberth Community Library, Newport Town Council, Pembroke Town Hall, Pembroke Dock Town Council, and across Saundersfoot via local distribution.

Opening times vary depending on location.

 

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Health

New standards set to transform mental healthcare in Wales

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Clear framework aims to deliver faster access, better support, and improved outcomes

PEOPLE across Wales are set to benefit from clearer and more consistent mental health care, as new national standards outlining what good services should look like are introduced.

Two new quality statements, published this week (Mar 24) set out the outcomes and expectations for NHS and social care services. They aim to ensure patients can access timely, compassionate, and effective support — including same-day, open access care and improved services for those who have self-harmed.

The measures form part of the Welsh Government’s wider Mental Health and Wellbeing Strategy and Suicide Prevention and Self-Harm Strategy. Ministers say they are designed to move Wales towards becoming the first nation to offer same-day, open access mental health support nationwide.

Around 20 pilot schemes are already underway across Wales, offering support without the need for a GP referral. These “demonstrator sites” are intended to provide early help and reduce the number of people reaching crisis point.

One such scheme includes a university liaison service in Cardiff, supporting students across Cardiff University, Cardiff Metropolitan University, the University of South Wales, and the Royal Welsh College of Music and Drama.

Since its launch in 2022, more than 240,000 people have contacted the NHS 111 “press 2” service for urgent mental health support.

The Mental Health Quality Statement sets out nine key principles aimed at reshaping services. These include designing care with input from people with lived experience, embedding trauma-informed approaches, and ensuring services are flexible, collaborative, and centred around individual needs.

A separate Self-harm Quality Statement outlines six pillars of care: immediate treatment, trauma-informed support, continuity of care, safety planning, holistic signposting, and skilled responders. It stresses that anyone who self-harms must receive compassionate, person-centred care, regardless of intent.

The standards have been developed in partnership with NHS Wales, third sector organisations, and individuals with lived experience.

The Cabinet Secretary for Health and Social Care, Jeremy Miles said: “These standards will ensure people have access to consistent, compassionate and effective mental health support wherever they are in Wales.

“We are moving towards a future of open access services, so people can get help earlier and avoid reaching crisis point. These standards will play a key role in improving mental healthcare across Wales.”

 

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Health

RCN Wales appoints Nicola Williams as Executive Director

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NICOLA WILLIAMS will take up the role in April, bringing more than three decades of experience in nursing and senior leadership.

The Royal College of Nursing (RCN) has announced the appointment of Nicola Williams as its new Executive Director for Wales.

She joins the organisation from Velindre University NHS Trust, where she currently serves as Executive Director for Nursing, Allied Health Professionals and Health Care Scientists. With 38 years of experience in nursing and more than six years at executive board level, she is widely recognised across NHS Wales for her work in improving patient outcomes.

A highly experienced strategic leader, Williams has worked across a wide range of clinical and organisational settings. She has led major transformation programmes, strengthened national clinical leadership networks and championed innovation and evidence-based improvements in care. Her work has contributed to changes adopted across Wales and has been recognised with national awards.

Speaking about her appointment, Nicola Williams said: “I feel privileged to be appointed as Executive Director of RCN Wales. I’m a proud nurse, passionate about patient safety and improving care standards.

“Delivering the best care is only possible when nursing staff are supported to work in safe, inclusive environments. I will stand alongside members and their patients.

“Nursing staff are the backbone of health and care. I am determined to support our members across Wales, wherever they work, to meet the challenges ahead and shape the future of our profession.

“I look forward to meeting members across Wales and ensuring our work is informed by their experiences and expertise.”

In her new role, Williams will lead the RCN’s work in Wales and provide strategic leadership across key priority areas spanning the UK.

She succeeds Helen Whyley, who has held the position since February 2019 and will move into a new role as Director of Service Innovation at the RCN.

 

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