Health
Whistleblower says capacity test was used to silence him after media exposure
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
Fresh alarm over life expectancy in Wales as CMO warns of ‘prevention revolution’
WALES is living sicker for longer, the Chief Medical Officer has warned, as new figures show a worrying drop in the number of years people can expect to live in good health – with women hit hardest.
The findings, published today in Dr Joanne Absolom’s first annual report since taking over from Sir Frank Atherton, have prompted immediate calls for the next Welsh Government to overhaul its approach to public health after the 2026 Senedd election.
Dr Absolom says Wales must now move decisively away from a system that largely treats illness towards one that prevents people becoming ill in the first place. Her report warns that healthy life expectancy is falling across the country and highlights widening inequalities between communities.
Responding to the findings, Darren Hughes, Director of the Welsh NHS Confederation, said the message could not be clearer.
“NHS leaders in Wales welcome the report’s call for a prevention-first approach,” he said. “We have to move from simply treating illness to actively promoting wellbeing, and that means a proper cross-government strategy that tackles inequality and gives people the support to take control of their own health.”
He added that every pound spent on proven public health programmes delivers an average return of £14 – evidence, he said, that prevention “makes moral and financial sense” at a time when NHS budgets are under extreme pressure.
“It is deeply concerning to see healthy life expectancy falling, particularly for women,” he said. “Investment in prevention is vital if we are to make our health and care services sustainable.”
While health boards, councils and community groups are already working on preventative programmes, the Welsh NHS Confederation says Wales needs far greater ambition – and the NHS must be given the tools and flexibility to scale up what works.
The Chief Medical Officer’s report also raises serious concerns about NHS workforce shortages and urges significant investment in digital technology to improve productivity and patient outcomes.
Mr Hughes said all political parties should “take heed” as they prepare their manifestos for next year’s Senedd election.
“Those seeking to form the next Welsh Government have a clear blueprint here. We cannot keep doing the same things and expect different results. Prevention, workforce and digital transformation have to be top priorities.”
The Welsh NHS Confederation — which represents all seven health boards, the three NHS trusts, HEIW and Digital Health and Care Wales — has already outlined its detailed priorities in its own election document, Building the health and wellbeing of the nation.
With the Senedd election just over a year away, today’s report adds fresh, authoritative evidence that Wales needs a radical shift in how it approaches health if it is to secure a healthier future for all.
Health
Government orders clinical review amid sharp rise in mental health diagnoses
4.4 million working-age people now claiming sickness or incapacity benefit, up by 1.2 million since 2019, many because of a mental health condition
A CLINICAL review into how mental health conditions are diagnosed across the UK is expected to begin this week, following concerns within government over rapidly rising sickness-benefit claims linked to conditions such as autism, ADHD and anxiety.
Health Secretary Wes Streeting has commissioned leading clinical experts to examine whether ordinary emotional distress is being “over-pathologised” and to assess why the number of people receiving sickness and incapacity benefits has grown to 4.4 million – an increase of 1.2 million since 2019.
According to reports in The Times, ministers are particularly alarmed by the surge in the number of 16- to 34-year-olds now out of work because of long-term mental health conditions.
Streeting said he recognised “from personal experience how devastating it can be for people who face poor mental health, have ADHD or autism and can’t get a diagnosis or the right support,” but added that he had also heard from clinicians who say diagnoses are “sharply rising”.
“We must look at this through a strictly clinical lens to get an evidence-based understanding of what we know, what we don’t know, and what these patterns tell us about our mental health system, autism and ADHD services,” he told the newspaper. “That’s the only way we can ensure everyone gets timely access to accurate diagnosis and effective support.”
The review is expected to be chaired by Prof Peter Fonagy, a clinical psychologist at University College London specialising in child mental health, with Sir Simon Wessely, former president of the Royal College of Psychiatrists, acting as vice-chair.
Prof Fonagy said the panel would “examine the evidence with care – from research, from people with lived experience and from clinicians working at the frontline of mental health, autism and ADHD services – to understand, in a grounded way, what is driving rising demand.”
The move comes as the UK Government faces mounting pressure over the rising welfare bill. Ministers earlier this year pulled back from proposed changes to disability benefits, including those affecting people with mental health conditions, after opposition from Labour backbenchers.
Speaking on Monday, the Prime Minister said a fresh round of welfare reform was needed.
Keir Starmer said: “We’ve got to transform it; we also have to confront the reality that our welfare state is trapping people, not just in poverty, but out of work.”
Health
NHS Trust CEO ‘forced out’ after raising concerns — Welsh Govt denies wrongdoing
A CONSERVATIVE MS has pressed the Welsh Government for answers after the sudden departure of the Velindre University NHS Trust’s chief executive, amid media reports that he raised concerns about alleged governance failures within NHS Wales Shared Services.
During Health Questions in the Senedd today, James Evans MS asked Health Secretary Jeremy Miles to explain why former CEO David Donegan left his post after just a year. Reports circulating in recent weeks suggest Mr Donegan had raised issues relating to governance, and in some accounts, possible criminality. These claims have not been substantiated publicly.
Velindre’s own 2024/25 annual report notes that the Trust “escalated concerns to Audit Wales and Welsh Government about the current governance of Shared Services, which hadn’t been reviewed since 2012.” No details of the concerns have been published.
Welsh Government response
Jeremy Miles MS confirmed in the chamber that correspondence relating to the issues does exist, but said it would not be appropriate to release sensitive material while internal processes are ongoing. He did not comment on the circumstances of Mr Donegan’s departure, citing employment confidentiality rules which are standard across the NHS and public sector.
A Welsh Government spokesperson has previously said that they expect all NHS bodies to follow “proper governance and HR procedures,” and that they “do not comment on individual employment matters.”
Velindre NHS Trust position
Velindre has not publicly stated that Mr Donegan was removed because of whistleblowing activity. The Trust has described his departure simply as a “change in leadership” and says it continues to engage with Audit Wales and the Welsh Government on governance matters.
Opposition criticism
After the exchange, James Evans MS — the Welsh Conservative Shadow Cabinet Secretary for Health — criticised the Health Secretary’s “lack of transparency”.
He said:
“I am extremely disappointed with the Health Secretary’s refusal to provide clarity on the circumstances surrounding Mr Donegan’s departure, or to release the correspondence relating to governance concerns within Shared Services. The public must be able to trust that millions of pounds of NHS funds are being managed properly.”
Mr Evans said he will write to the First Minister and Cabinet Secretary formally requesting the publication of correspondence “in the interests of full accountability.”
Context: What is NHS Shared Services?
The NHS Wales Shared Services Partnership (NWSSP) manages national procurement, payroll, recruitment, estates services and other core functions for health boards and trusts. It sits within Velindre University NHS Trust but operates independently of its operational healthcare work. Governance arrangements for NWSSP were originally set a decade ago and are subject to periodic review by Audit Wales.
There is no evidence at present of wrongdoing by the Welsh Government or NWSSP, beyond the concerns referenced in Velindre’s annual report.
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