Prevention of Future Deaths reports · 2013

Stephanie Daniels

Regulation 28 report to prevent future deaths, reference 2013-0353, written 13 Dec 2013. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report13 Dec 2013
Reference2013-0353
DeceasedStephanie Daniels
CoronerNigel Meadows
Coroner areaManchester City
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published3

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

Rt. Hon Jeremy Hunt MP, Secretary of State for Health
Sir David Nicholson, Chief Executive of the NHS
Mr David Behan, The Chief Executive of the CQC

Post Graduate Dean, The North

Pom

Western Deanery

Ms Michelle Moran, the Chief Executive of Manchester

Mental Health and Social Care Trust (referred to hereafter

as “MHSC”)

6. Manchester NHS Clinical Commissioning Group (referred to
hereafter as “CCG”)

7. APEX Nursing Agency (referred to hereafter as “APEX”)

g

CORONER

| am Nigel Sharman Meadows, H. M. Senior Coroner for the area of
Manchester City.

CORONER’S LEGAL POWERS

| make this report under paragraph 7, Schedule 5, of the Coroners
and Justice Act 2009 and regulations 28 and 29 of the Coroners
(Investigations) Regulations 2013.

INVESTIGATION and INQUEST

On 26 March 2012 | commenced an investigation into the death of
STEPHANIE DANIELS, aged 32. The investigation concluded at
the end of an 19 day jury inquest on 29 November 2013.

The cause of death was found to be:
ta Asphyxia due to combination of ligature
strangulation and obstruction
of the airway

The conclusion of the inquest was that:
The deceased killed herself whilst the balance of her
mind was disturbed by suffering from schizophrenia
and auditory hallucinations and that her death was
contributed to by neglect

The jury answered some additional specific questions as follows:

Upon the deceased’s admission to the Safire unit on 22 March
2012, what level of observations should she have been subject to

according to the policy in force at the time and her behaviour,
history and presentation?
Continuous - within eye sight

Should she have remained upon that level of observations
throughout her stay on the unit until the disclosure about the
surrender of the ligature and the lighter on the morning of 24”
March 2012?

Yes

Was the deceased admitted to Safire were before or after the
handover from the late to night shift took place on 22" March
2012?

We were unable to determine this

Was a noose surrendered by the deceased on 237 March 2012 but
not recorded by the mental health staff in Amigos records?
No

Had the deceased actually been subject to any ‘discreet 1:1’
continuous within sight observations from the time she surrendered
the ligature and the lighter on the morning of 24" March 2012 to the
start of the late shift at about 13.30hrs?

No

Was the nurse in charge of the early shift present and did they
participate in the handover of the deceased's care to the late shift
at about 13.30hrs on 24" March 2013?

Present: Yes

Participated: No

Was the nurse in charge of the late shift present and did they
participate in the handover of the deceased's care to the late shift
at about 13.30hrs on 24" March 2013?

Present: The nurse in charge arrived late to the handover.
Participated: No

What information was verbally handed over from the early shift to
the late shift from about 13.30 hrs on 24" March 2012?

Chaotic

Came in via CRHT

On general observations, risk of self harm, scars on arms
Ligature handed in to staff

CIRCUMSTANCES OF THE DEATH

1. Stephanie Daniels (“the deceased”) was born on 16 April 1979

and was 32 years of age when she died on 24 March 2012. This
was only some 4 months after | had conducted a lengthy and
detailed Article 2 inquest into the self inflicted death of a detained
patient who had absconded from a different unit but run by MHSC. |
had written a comprehensive Rule 43 report letter (Re: Feisal King,
deceased) and a number of similar themes and issues that
emerged in that case were repeated in this one. Namel

communication, record keeping, handover, clinical leadership, the
physical clerking in process and bed availability. In addition, | had
identified significant failings in the Serious Untoward Incident Panel
Investigation Report (“SUI report’) into that death.

2. The deceased had a troubled and unsettled childhood and was
placed with foster parents and whilst there was abused. At the age
of 13 she took her first overdose and was seen by a child
Psychiatrist and was in contact with mental health services for
some time. Not long after this she first reported hearing “voices” in
her head. She had a baby when aged 16 and with whom by 2012
she enjoyed supervised contact about once a fortnight.
Unfortunately, apart from her mental health problems she also
abused illicit drugs, particularly heroin and cocaine. She suffered
physical health problems primarily of a respiratory nature and had
recurrent chest infections. She was also obese.

3. In 2001 she came into contact with the criminal justice system
and was remanded into custody at HMP Styal. She repeatedly self
harmed and is reported to have made one serious attempt to kill
herself. She used various items as ligatures. Her first contact with
MHSC was in September 2003 and she had contact with mental
health services from then right up until her death. Stephanie was
diagnosed with suffering from mental disorder when she was in her
early twenties.

4. From 2004 she spent long periods in hospital either as a
voluntary patient or compulsorily detained under the Menta!
Health Act 1983, as amended (“MHA”). She also had a significant
history of numerous attempts at suicide and self harm. She had a
diagnoses of schizophrenia, and an emotionally unstable
personality disorder plus substance dependence. in addition she
was being treated by the Community Drugs Team and was
prescribed methadone. She had been treated with a wide range of
medication including anti-psychotics, mood stabilizers and anti-
depressanis.

5. The pattern of her illness was that between hospital admissions
she seemed to function with a reasonable quality of life for periods
of time. However, these episodes were relatively short. The nature
of her illness was one of a relapsing and remitting condition. Most
of these relapses appeared to occur without any obvious
precipitant. When unwell she presented with auditory hallucinations
telling her that she was a bad person and that she should kill
herself. These voices made her feel distressed and agitated. She
was often acutely suicidal and regularly attempted self harm by
overdosing or cutting herself. Whilst an inpatient she would often
require one to one nursing to try to prevent self harm and her self
harm attempts had included the use of a ligature. Sadly, she had a
history of using forms of ligature whilst on the ward and also in her
24 hour a day supported community accommodation.

6. Her most recent admission to hospital was between 29 July and
5 December 2011 and she was formally detained under the MHA.
Her poor physical health was exacerbated by recreational drug use

and a chaotic life style. She had been assessed as suffering trom
drug resistant schizophrenia and therefore treated with Clozapine,
which is only licensed for that use. Treatment with such a drug
requires regular blood tests and monitoring of heart function. It was
noted that she was developing abnormal heart rhythms and this
medication had to be stopped. During her various admissions a
number of different anti-psychotic drugs were tried but she was
eventually discharged on a drug known as Quetiapine, plus a
number of other medications including mood stabilisers, anti-
depressants and subsiance misuse treatment opiates.

7. Following her discharge from hospital she was regularly
reviewed by her CPN and she was moved to different
accommodation at a place called Clifton House on 9 January 2012
because of the increased level of supervision she required. This
provided 24 hour residential care for adults with significant mental
health problems. She was also seen by her Psychiatrist at
outpatient clinic appointments. Initially she was positive about the
future but by the end of January 2012 the CPN began to notice
signs of deterioration in her mental state.

8. At the beginning of February 2012 she began to self harm again.
On 20 February she disclosed that she was having increasing
suicidal thoughts. She was taken to A&E and reviewed but seen
the following day by her CPN when she reported low mood,
intrusive thoughts and voices asking her to kill herself and her 15
year old daughter in a suicide pact by jumping from a bridge. Due
to these increased risks she was referred to the CRHT. She was
seen and reviewed once again by her Psychiatrist who increased
her medication. This resulted in some improvement in her condition
and she now felt able to resist the voices, especially with the help
of the staff at Clifton House and she consequently did not want a
hospital admission.

9. However, on 6 March 2012 a member of staff at Clifton House
reported that she had attempted to strangle herself by using a
ligature and she was taken to the Manchester Royal infirmary for
assessment, following which she was discharged back to Clifton
House with levels of supervision increased. The deceased was
anxious to avoid a hospital admission and thought she could cope
with the help afforded by the extra supervision. Despite this on 12
March 2012 she rang the CRHT from a bridge saying that she
intended to jump. They alerted the Police who were able to
intervene and take her back to Clifton House where yet again they
oifered to provide additional support.

10. Her Psychiatrist reviewed her again on 14 March and she
presented as agitated and depressed with escalating suicidal ideas.
This resulted in a CRHT team meeting at which it was agreed that
she now presented simply too high a risk to manage in the
community and she required an urgent inpatient admission.
Unfortunately, no inpatient bed was available to her, although she
was given the highest priority for a bed when one became
available. In the meantime another medication, namely Sodium
Valproate, was introduced and her risks were reviewed and

managed. Her medication also included a drug called MXL slow
release. This is an opiate drug to replace Methadone. Her AMIGOS
electronic medical records (“AMIGOS”) had repeatedly noted that
she was at risk of postural hypoxia and a number of her
medications would have sedative side effects.

11. On the 22 March she phoned the CRHT from Clifton House
telling them she was barricading herself in her room and attempting
to hang herself. They in tum alerted the staff at Clifton House who
ensured her safety and a bed was found at the Safire Short Stay
Assessment unit (“Safire”) based at Park House Psychiatric Unit
located in the grounds of North Manchester General Hospital but
run by MHSC. There was a delay of 8 days in securing her
admission which should not have occurred as MHSC should have
found her a bed, private or NHS, in any event. This assurance was
given after the Feisal King inquest Rule 43 letter and what the CCG
understood to be the position. She agreed to the admission and to
receive treatment and so compulsory detention under the MHA was
regarded as unnecessary. She arrived at about 21.00 hours and
was commenced on what is known as general observations on that
ward which was every 30 minutes, but the records suggest only
from 21.30 hours at the earliest.

12. The relevant MHSC observation policy then in force defined
general observations as being once every hour. A greater
frequency than that (for example 1 in 30 or 1 in 15} was defined as
intermittent observations and there was a requirement to complete
a particular form of written record. The next level of observation
was defined as continuous within sight at all times and the highest
level was continuous within arm’s length at all times. Safire ward
had been operating a general observation policy of 1 in 30 and the
records kept of that were not in accordance with the MHSC policy
then in force. The policy also defined the sort of behaviour or
presentation that would justify each level of observation.

13. The nurse in charge of the shift maintained that the deceased
had been admitted to the ward before he arrived and took the hand
over and was therefore a patient already on the ward and had been
assessed by his colleagues. The documentary evidence did not
support this contention but the jury were unable to determine
whether she was admitted before or after the handover.

14. | instructed two independent court appointed expert witnesses
(a Professor of Mental Health Nursing and a Consultant Forensic
Psychiatrist) to give evidence about the standard of her mental
health nursing care and her psychiatric management. They both
agreed that the deceased presented as a very difficult patient to
deal with and that it would have been a challenge for any mental
health team. The only criticism they made of her pre-admission
care was the delay in finding her a bed when she plainly was very
ill and in need of admission.

15. Safire usually catered for up to 8 patients but could
accommodate 10 and their usual complement of staff was 2
registered mental health nurses (“RMN”) and 2 support workers

(“SW”). At weekends and evenings the RMN’s would have
additional responsibilities of answering a crisis line and also trying
to secure beds for urgent patients. These duties took up a lot of
time. The shift pattern involved an early shift starting at 07.15, then
a late shift starting at 13.30 and finally a night shift starting at 20.45.
There would be a hand over from one shift to another and someone
from the incoming shift would make written record of what they
considered the main highlights. There was no requirement for any
of the patients records to be read and considered, even for new or
recent admissions.

16. Some time after 21.30 hours on 22 March 2012 the on call
junior doctor attended the ward and prescribed the deceased her
regular medications. There was no record made in AMIGOS of why
he was called, by whom or when or if he had actually read any of
the deceased's records. Nor was there any record of him seeing
the deceased . When giving evidence he accepted he should have
done so and the absence of any record supported that fact that he
did not. He did not clerk the patient in and did not notice that she
had not been clerked in order to pass on the responsibility to a
colleague. The MHSC protocol was that a patient must be clerked
in (which involves taking a history, reviewing the records, assessing
and prescribing appropriate medication, completing a physical
assessment and a treatment/management tisk plan) within 6 hours
and in any event within 24 hours.

17. The nurse in charge of the night shift on 22 March 2012
recollected having had some contact with the deceased during a
previous admission on a different ward. He had a few brief
interactions with her but began to complete nursing records at
about 00.50 on 23 March 2012. He told the court that he did read
the last 24 hours’ records and considered at the time the level of
observations (1 in 30) as appropriate. It seems that overnight there
were no incidents or developments of note save that it was
recorded by him at 01.20 hours that the deceased would not
cooperate with something called a risk follow up assessment.

18. The following morning she was assessed and it seems that she
continued to have thoughts of self harm/suicide. She received what
is known as PRN (as and when required) medication and this
seemed to help. This had actually been recorded in error in the
medication chart as the injectable form of Haloperidol whereas it
was the oral form. When giving evidence the Nurse who made the
error admitted it. This had been prescribed by another junior
Doctor who had attended the ward. There was no record made in
AMIGOS of why he was called, by whom or when or if he had
actually read any of ihe deceased's records. Nor was there any
record of him seeing the deceased . There was no review of her
observation regime which remained the same. When giving
evidence he said that his usual practice was to read the recent
records, but he accepted that had he done so he should have
noted that he deceased had not been clerked in and he would have
reviewed her observations status and the management plan. He
also accepted that had he properly checked the records he would
have noted the risk of postural hypoxia and the recent cardiac

history. This would be bound to be a consideration of two further
medications which can have sedative and cardiac side effects.

19. The Consultant under whose name the deceased had been
admitted never knew that the deceased had been actually admitted
as a patient and therefore had not taken any steps to check or

review the deceased’s condition. No steps were taken to inform him
by any staff member on Safire ward.

20. The nurse in charge of the late shift on 23 March 2012 recorded
a part of the handover information given to him that the deceased
had surrendered a ligature that morning. The jury actually found
that no ligature had been surrendered. However, it did not occur to
him that in the light of this the observations should have been
reviewed by the previous shift as well by himself. When giving
evidence he agreed that he should have done so. On the handover
to the night shift he related the history of a noose being handed in
and this was recorded, but once again it did not occur to the nurse
in charge of the new shift to enquire about the deceased’s
observations being reviewed nor do so herself. She made a similar
concession when giving evidence.

21. On the morning of 24 March, a Support Worker on the unit
spoke to the deceased, who disclosed that she had hidden a
ligature in her bra and that she had a lighter and she planned to
burn her room down, and she had a male voice in her head telling
her to kill herself. She was persuaded to surrender both but said “
I'll just make another if you take it away”. This was brought to the
attention of the nurse in charge of the shift straight away and she
supervised a “risk follow up entry” being recorded in AMIGOS.

22. PRN medication was administered and the nurse in charge
advised. Once again oral Haloperidol was given but not recorded at
all. The nurse admitted the error when giving evidence. The ligature
(which could also be used as a weapon) and the lighter which were
surrendered by the deceased were then apparently left in the office.
The deceased returned to the office several times to ask fora
cigarette thereafter but no consideration was given to searching the
deceased or her room. Her level of observations remained the
same. The SW said that the nurse in charge said that they should
commence what was described as “discreet 1 to 1 continuous
within sight observations”. No clinical record was made of this and
no ongoing observation records were kept. This would not have
been in accordance with the MHSC observation policy. The SW
was not asked for a statement by the SUI investigation panel
although he made a very significant clinical risk follow up entry.

23. The nurse in charge never mentioned this in any statement she
made after the incident and nor when she was interviewed by the
Chair of the SUI investigation. However, when giving evidence she
accepted that she had not seen a copy of the statement the SW
had made to the Police and the first time she knew what he was
going to say was when he got into the witness box. She gave
evidence immediately thereafter and agreed that the substance of
what the SW said was correct but the jury did not find this

happened as a fact.

24, There was a significant difference in recollection between the
nurses in charge of the early and late shifts concerning the
information handed over between the shifts on the 24 March. She
maintained that the fact the deceased was on “Discreet continuous
observations” was handed over and that they would need to be
reviewed. The late shift staff and in particular the nurse in charge
denied this. The jury found that the “Discreet continuous
observations” had not been handed over although they did find that
the surrender of a ligature had been mentioned. This itself should
have prompied a review and according to the MHSC observation
policy at least continuous within sight observations should have
been commenced.

26. It is recorded that the deceased was seen at 16.00 as part of
the general observations check but one of the staff thinks she may
have spoken to the deceased at about 16.15 in the garden. At any
rate at about 16.30 she could not be found in the main areas of the
unit when the next general observations were due and she was
then located in a locked toilet and shower room with a ligature tied
around her neck and apparently unconscious. The alarm was
raised and assistance summoned.

26. Unfortunately, a number of issues then arose. There was a
large degree of panic and confusion. A specific ligature cutting tool
which was meant to be on the ward could not be found; the ligature
could then not be cut until some scissors were found; an oxygen
cylinder had a missing part and could not be used; staff believed
that the suction machine could not be plugged in because it did not
teach the nearest socket; what is known as the “crash team” (the
emergency cardiac arrest team) were not contacted. Basic life
support measures were initiated once the ligature had been cut and
a 999 call was made. Records have established that this was
actually made at 16.40 hours and 50 seconds and the call lasted
for some 3 minutes and 40 seconds. A further call was made at
16.48 which lasted for 42 seconds. The NWAS (Northwest
Ambulance Service) personnel arrived at 16.50 and took over care
of the patient and carried on CPR. The NWAS defibrillator was
used and this showed that the deceased had no shockable rhythm.

27. They left at 17.03 and she was conveyed to the A&E
department in the main part of the hospital site a short distance
away, arriving at 17.06 and handing over to triage at 17.10. Efforts
continued to resuscitate the deceased but these proved
unsuccessful and she was pronounced dead at 17.25 hours. |
authorised a Forensic Post Mortem examination during which it
was discovered that the deceased had been wearing a partial
upper denture and this had been found lodged in her windpipe. |
obtained evidence from experts in both ambulance service care
and emergency medical treatment who said that the actions of both
the NWAS and the treating emergency Doctors could not be
criticised, nor would it have been apparent that she had an
obsiruction in the airway. Furthermore, whilst there were failings in
the immediate emergency response when she was found these

would not have been contributory to or causative of death.

28. Following the death the Police carried out an investigation and
examined the deceased’s room. They did not discover any other
ligatures nor any torn sheeting. It could not be established from
where or when the ligature that the deceased actually used came
from but it had the appearance of being from NHS hospital
sheeting. They were provided with copies of the relevant medical
and hand over records. The original hand over records could not be
produced by MHSC at the hearing and had either been misiaid or
lost. However, the court had good quality photocopies to work from.

29, No one could explain where the surrendered ligature had gone
and there remained the possibility that the deceased could have
recovered that ligature and used it or may have had another one,
but no search or her room or her person was made.

30. MHSC initiated quickly after the incident a Serious Untoward
Incident Panel Investigation Report (“SUI report”) which was
chaired by the Trust’s Chief Nurse and had four other members.
These included a senior Consultant Psychiatrist, his Specialist
Registrar plus two other senior health professionals. They had
access to all the records and obtained statements from a number of
the staff involved and spoke to several of them. The SUI report was
completed by the end of June 2012. The Chair of the panel gave
evidence and accepted that there were significant failures and
omissions in the report produced. For example, they had not
obtained a statement from the Nurse in charge of the night shift on
22 March; nor a statement from the Nurse in charge of the late shift
on 23 March who records the handing in that morning of a ligature;
nor a statement from the SW on duty on the early shift who the
deceased surrendered the ligature and lighter to and made a very
significant risk follow up entry; nor had they found out why there
was delay in the deceased getting a bed. They failed to note or
record the medication recording errors, despite the fact that if an
injection of Haloperidol was administered as the records suggest,
ihen the Trust’s Rapid Tranquilisation Policy should have been
followed. That required the deceased to have close observations
for up to 2 hours posi administration but there was no record of that
being done.

31. The Police, as part of my investigation did obtain a statement
from the SW on the early shift. It revealed that his recollection was
that some form of “discreet” 1 to 1 continuous within eyesight
observations was initiated by the nurse in charge, on the basis that
she said that the deceased had a history of reacting adversely to
increased observations. When challenged to substantiate this in
giving evidence she could only say that is what she understood
from her other nursing colleague but he did not give the same
account when he gave evidence.

32. The SUI report concluded that from admission a greater level of
observations than 1 in 30 but less than continuous within sight was
the appropriate level up to the morning of 24 March. Both expert
witnesses were firmly of the view that continuous within sight

should have been the observation regime from the time of
admission. Importantly, that the deceased's death was both
predictable and preventable. The SUI panel did agree that the
deceased had not been clerked in at all despite some six shifts of
staff being involved. Nor did she have any psychiatric input. They
concluded that from the morning of 24 March continuous within
arms length observations would have been appropriate although
both expert witnesses said the risks could have been managed with
the lesser within eyesight status.

33. Finally, during the course of the inquest it became apparent that
another patient who was seriously unwell had her observations
increased to the intermittent 1 in 15 level from the late afternoon of
the 22 March level and the records suggested that this was done
whilst of Safire ward. She was then moved to another ward and her
observation levels remained the same for several days but there
were gaps in the observation records. Her observation levels were
increased to continuous within sight but again there were gaps in
the records where nothing was recorded. This raises the possibility
that important observations were not being done or certainly not
recorded. Whether this is an isolated issue or represents something
more systemic would be for MHSC to investigate.

CORONER’S CONCERNS

During the course of the inquest the evidence revealed matters
giving rise to concern. In my opinion there is a risk that future
deaths will occur unless action is taken. In the circumstances it is
my statutory duty to report to you.

The MATTERS OF CONCERN are as follows.

1. Internal NHS SUI Investigation v Independent Investigation

[am concerned that a death such as this of either a detained or
voluntary patient (where Article 2 is arguably engaged) requires
a prompt, thorough and robust investigation to be completed as
soon as possible. Deficiencies in systems, protocols, policies,
record keeping and individual actions need to be identified
quickly and remedial action taken. This cannot wait for an
inquest which may not take place for many months. This was
not the first case of a poor or incomplete SUI investigation. The
court was aware of and invited submissions about the recent
case of R (Antoniou) v Central and North West London NHS
Foundation Trust and others [2013] EWHC 3055 (Admin).

In this case there were significant errors and omissions in the
SUI investigation. Important witnesses were not interviewed.
The delay in finding the deceased a bed was not a central issue
and no specific findings were made about it. The medication
recording errors had not been noted and had the deceased
been injected with PRN Haloperidol for severe agitation, then
she should have been subject to physical observations for a
continuous period of time immediately afterwards, as well as

10

other steps in compliance with the Trust's Rapid Tranquilisation
Policy. It is accepted that SUI investigations are important and
hope to learn lessons quickly to be implemented. Whilst the
current law indicated that it is not a requirement for there to be
an independent investigation at that stage, it is a matter of
concern that very significant failures in the investigative process
have occurred. The Trust investigation did not reveal at all the
allegation of the commencement of discreet continuous
observations on the morning of 24" March.

This is not the first time that the Trust SUI investigations have
been found wanting and | have experience of other Trusts’
investigations also being significantly flawed. In conclusion in
this sort of case | am concerned that without appropriately
speedy and thorough independent investigation commissioned
by the NHS Trust involved, flawed SUI investigation reports
may continue io be produced. This is a policy decision for the
NHS but | strongly urge consideration of this.

2. Handover

All the evidence showed that the handover of information
between nursing and clinical colleagues was a vital piece in the
jigsaw of care. MHSC have introduced a new policy but | have
a concern that simple issues may be overlooked. For new
patients being admitted or transferred, there is no requirement
for the nurse in charge to review their recent records. MHSC
have produced new or updated policies/protocols but
experience has shown that what may be delivered on paper is
not being done in practice. Consequently , | am concerned that
without appropriate audit and clinical/nursing leadership this
may prove to be ineffective.

3. Bed Availability

MHSC say that following the death of the deceased, a new
policy has been introduced so that there is no waiting time at all
for the allocation of a bed in the case of a patient who is
deemed clinically to require one. A bed will be found
somewhere which will be appropriate to their needs. As |
understood the evidence from the CCG in the case this should
have occurred in any event. However, other NHS Trusts
nationwide who do not have such a policy, may have patients
whose delayed admission means that they are not having the
appropriate nursing and clinical input, as well as medication
review. In turn this means their condition may continue to
deteriorate and when effective care does start, the patient may
well be more ill than they should be. | am concerned that the
importance of this is recognised not only by MHSC but
nationally for all other NHS mental health trusts.

4, Clerking In
The failure to properly clerk in the patient is a matter of serious
concern, especially as many such patients will have physical

11

health problems. MHSC had clear policies requiring the clerking
in of a patient, but these were simply not adhered to. It is very
common for patients with mental health problems to have
associated physical conditions which require appropriate
monitoring and treatment. It seems that despite the existence
of appropriate policies, in practice these were not being
complied with. Whether or not any new or different policy or
auditing of compliance is the way to achieve uniformity is a
matter for MHSC. | repeat what | have said earlier. MHSC have
produced new or updated policies/protocols but experience has
shown that what may be delivered on paper is not being done in
practice. Consequently, | am concerned that without
appropriate audit and clinical/nursing leadership this may prove
to be ineffective.

5. Supervision of Junior Medical Statf
| am concerned about the lack of appropriate clinical

supervision and guidance for junior medical staff. Two junior
doctors were asked to attend the ward and made no
appropriate clinical records of the reason for their attendance,
reviewing the records, seeing the patient and explaining any
clinical decision to prescribe medication. it is appreciated that
they are busy with a number of duties but it is a matter of
concern that they did not undertake basic clinical recording
duties for a patient who clearly should have been seen. They
did not notice that the patient had not been clerked in.
Medication was being prescribed without adequate
consideration of the relevant clinical history. They did not notice
the named Consultant in charge of the patient was unaware of
the admission. Appropriate clinical supervision would be
expected to ensure an appropriate standard of performance. |
understand that supervision may be delegated by the North
West Deanery to the relevant NHS Trust but there has to be
some basic accepted levels of interaction, communication and
supervision between the junior Doctors and their Consultants to
ensure an appropriate standard and continuity of care. This
may be a joint responsibility between the Deanery and the NHS
trust involved.

6. Prescribing of Medication by Junior Medical Staff
] am concerned by the circumstances in this case where

medication came to be prescribed. There is an overlap of my
concerns about supervision and my observations at paragraph
5 above should be regarded as repeated here. Both junior
doctors had no recollection of attending the ward, speaking to
the staff or seeing the patient. They simply prescribed the
medication. They had no recollection of reviewing the
deceased's records but understood that was essential when
considering prescribing any medication, and in particular PRN
rapid tranquilisation. In this case, the patient was already
taking a number of drugs which had sedative effects. Two
further medications were introduced that have similar properties
and that also could potentially affect heart function.

12

7, Mechanism by which the Consultant in charge of the patient

would learn of the patient’s admission
It is of concern that there was apparently no simple method of

ensuring that the Consultant in whose name the patient was
admitted became aware of the admission and could therefore
ensure appropriate clinical leadership and review was
undertaken. It would seem that there could be a number of
simple solutions for this problem.

8. Performing and recording observations on other patients

| was concerned about the discovery of incomplete written
observations for another patient where there are significant
gaps in the records and may illustrate a systemic problem
because the patient was transferred to a different ward. This
was only discovered during the course of the inquest and was
brought to the attention of MHSC so that they could carry out
their own investigations.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and |
believe you [AND/OR your organisation] have the power to take
such action.

7 YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the
date of this report, namely by Friday 14 February 2074. This is
slightly longer than an arithmetic 56 day period because of the
Christmas and New Year holidays. |, the coroner, may extend the
period.

Your response must contain details of action taken or proposed to
be taken, setting out the timetable for action. Otherwise you must
explain why no action is proposed.

COPIES and | have sent a copy of my report to the Chief Coroner and to the
PUBLICATION | following Interested Persons:

Es — the deceased's Father.
- the deceased’s Mother

| have also sent it to INQUEST and MIND who may find it useful or
of interest.

Lam also under a duty to send the Chief Coroner a copy of your

13

[DATE]

[SIGNED BY
CORONER]

response.

The Chief Coroner may publish either or both in a complete or
redacted or summary form. He may send a copy of this report to
any person who he believes may find it useful or of interest. You
may make representations to me, the coroner, at the time of your
response, about the release or the publication of your response by

the Chief Coroner.

14

Responses

3 responses published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Department of Health (PDF)
Department
| of Health

POCI 829620

From the Rt Hon Jeremy Hunt MP
Secretary of State for Health

Richmond House
79 Whitehall
London

SWIA 2NS

Tel: 020 7210 3000
Mb-sofs@dh.gsi.gov.uk

Nigel Meadows

Senior Coroner
Manchester (City) District
The Coroners Court
Crown Square
Manchester 7
M60 IPR {3 FEB 20%

Thank you for your letter about the inquest into the death of Stephanie Daniels.

Your report gives a comprehensive account of the circumstances surrounding Ms
Daniel’s death by suicide and highlighted a number of policy and procedural issues
for the Manchester Health and Social Care Trust (MHSC) to address, including
supervision of junior staff, handover and the performing and recording of
observations on patients at risk of suicide.

I expect all healthcare professionals working in local Trusts to be fully trained and
aware of the existing protocols in their local Trust. It is for local healthcare
organisations to ensure that all staff are trained to the appropriate standard.

As many of the concerns you raise are issues to be dealt with at Trust level, I have
ensured that your concerns have been sent to the National Trust Development
Authority (NTDA) which provides support, oversight and governance for all NHS
Trusts. The NTDA is in contact with MHSC Trust and has received an action plan
which seeks to address the points you have raised.

Your report stated that there should be no waiting time for the allocation of a bed in
the case of a patient who is clinically deemed to need one. As the evidence given by
the Clinical Commissioning Group in this case stated, this should already be the
case. We are clear that acute beds must always be available for people who need
them.

The total number of designated mental health beds in England is around 22,000.
This includes many different types of mental health bed: from high secure beds in
special hospitals to psychiatric intensive care, open rehabilitation beds and recovery
houses.

Providers also have a responsibility to listen to patients and offer care in the
community as well as in hospitals when appropriate. The right mix of these beds,
and of services that can be delivered in out-patient and non-residential community
settings or in people’s homes will vary by area and population.

In-patient beds are not always the best place for people with an acute mental health
problem. There is a general move in mental health services to provide safe,
evidence-based alternatives to in-patient beds in the form of intensive community
treatment teams. This has led to reductions in admissions, and, most importantly,
enabled patients to be treated closer to home - where most want to be.

I do hope that this response is helpful and I am grateful to you for bringing this
issue to my attention.

yn dew
ea

JEREMY HUNT
Response from Manchester Clinical Commissioning Groups (PDF)
Citywide Commissioning, Quality & Safeguarding 
Parkway 1 Parkway Business Centre 
Princess Road 
Manchester 
M14 7LU 

CH/CAC 

3rd January 2014 

Mr N Meadows 
HM Coroner 
Coroner’s Court 
Crown Square 
Manchester 
M60 1PR 

Dear Mr Meadows 

Re:  Regulation  28;  Prevention  of  Future  Deaths  Report  (Stephanie  Daniels  - 
deceased) 

Thank you for your report under Regulation 28, Prevention of Future Deaths following 
the inquest into the death of Ms Stephanie Daniels. As requested this is the response 
from the Citywide Commissioning, Quality and Safeguarding Team on behalf of the 
CCG.  

I  respond  to two  concerns  raised  by  your  report;  number  1  regarding the  Serious 
Untoward Incident investigation and number 3 with regards to bed availability. I deal 
with  them  separately  below.  I  am  unable  to  respond  specifically  in  relation  to  the 
other issues you raise but have noted your comments. 

By way of an introductory comment I provided a detailed statement to you during the 
inquest  into  Ms  Daniel's  death  about  the  manner  in  which  the  CCG  commissions 
inpatient  beds  and  the  steps  it  has  taken  to  ensure  that  there  is  sufficient  mental 
health  inpatient  capacity  within  the  Manchester  area  and  the  steps  it  has  taken  to 
monitor  inpatient  capacity  (amongst  other  things)  within  the  Manchester  Mental 
Health and Social Care Trust ("the Trust"). I also provided comments in my statement 
about  the  CCG's  input  into  the  Serious  Untoward  Incident  investigation  carried  out 
into  the  death  of  Ms  Daniels  and  I  will  therefore  confine  my  response  to  your  first 
concern to a more general explanation of the CCG's overview of untoward incidents 
occurring within NHS Trusts from which it commissions services.  

Concern No 1 - Internal NHS Serious Untoward Incident Investigation  

 
 
 
 
 
 
 
 
 
 
 
 
 revised governance  process  has  been  developed  within 

the  Citywide 
A 
Commissioning,  Quality  and  Safeguarding  Team  and the  Trust  now  attends  an 
established Citywide Patient Safety Committee.  This committee meets monthly and 
is  responsible  for  the  review  and  monitoring  of  serious  incidents  requiring 
investigation reported by the Trust as well as any other patient safety related issues 
including those highlighted at inquest via Prevention of Future Death Reports.  

Lessons learnt from the Serious Untoward Incident investigations carried out by the 
Trust are shared at this meeting and are cascaded to the three CCG’s within the City 
via  their  Quality  Leads  who  also  attend.  Lessons  identified  from  Serious  Untoward 
Incidents that occur in other NHS  Providers are also shared at this Committee with 
Manchester Mental Health and Social Care Trust.  

The  City  Wide  Commissioning,  Quality  and  Safeguarding  Team  are  represented  at 
all  High  Level  Investigation  Panels  (HLIP)  held  by  the  Trust.  The  HLIP’s  were 
established by the Trust in order to allow scrutiny of their investigations and reports. 
Prior  to  the  HLIP  the  Trust  provides  the  City  Wide  Commissioning,  Quality  and 
Safeguarding Team with a draft copy of their investigation report. This allows the City 
Wide  Commissioning,  Quality  and  Safeguarding  Team  representative  to  review  the 
report  and  challenge  its  robustness,  contents  and  findings.  Following  the  HLIP  the 
Trust  develops  an  action  plan  and  the  City  Wide  Commissioning,  Quality  and 
Safeguarding  Team  representative  reviews  this  to  ensure  that  the  actions  identified 
are Specific, Measurable, Achievable, Realistic and Time based (SMART) to reduce 
the likelihood of a recurrence of the incident. 

Challenges into the investigation report and its findings regularly take place at HLIP’s 
and  should  concerns  regarding  the  investigation  and  its  robustness  be  identified 
further higher level actions would be taken via Executive to Executive discussions. 

The Trust's response to the Prevention of Future Deaths Report in this case will be 
scrutinised by  the  CCG  and  assurances  will  be  sought  from the  Trust  in  relation 
to any actions it proposes to take to ensure that they are appropriate and robust and 
that they are implemented. 

Concern No 2 - Bed Availability 
The commissioning of beds is based on evidence of past need and emerging needs 
from  commissioning  intelligence. The  CCG  does  not  directly  instruct Manchester 
Mental  Health  and  Social  Care  Trust,  or  any  other  NHS  Trust  about  how its 
beds should be utilised and although it monitors the Trust's bed utilisation decisions 
on  patient  management are  solely  the  responsibility  of the  Trust as  the  provider  of 
NHS care.  

Commissioners can, by  negotiation, influence  a  Trust's  use  of  resources  and  can 
shift  resources  around  the  system  but  decisions  about  admitting  and  discharging 
patients rest with the provider NHS Trust. 

As  a  result  of  the  CCG's  concerns  relating  to  out  of  area  placements  the  following 
process has been set up and has been operational since August 2013: 

  There are daily bed management conference calls between the CCG 

and representatives of the Trust to review admissions, discharges, patients 
waiting for assessment (who may then need a bed) and out of area 
placements  

  There is a weekly teleconference where delayed discharges are discussed 
with Manchester City Council. Representatives of the CCG and the Trust 
attend this conference call. 

 
 
 
 
 
 
 
   There are weekly mental health inpatient capacity meetings with 

representatives from the Trust.  Additional capacity has been purchased in 
neighbouring NHS facilities and via the charitable sector. 

The  number  of  out  of  area  placements  utilised  by the  Trust  is  significant  and the 
CCG monitors usage on a daily and weekly basis (as above) to ensure that patients 
are  either  allocated  a  bed  quickly  or  are  repatriated  as  quickly  as  possible  when  a 
bed is available within the Trust.  

An  escalation  protocol  was  agreed  with the  Trust 
financial  year  of 
2011/12 which  enabled  the  Trust  to  utilise  private  sector  beds  when  it  did  not  have 
the capacity to accommodate a patient in need of an inpatient bed. This protocol was 
reviewed  following  the  inquest  into the  death  of  patient  FK  and  has  been  reviewed 
again in July 2013 to ensure it remains robust. The CCG is confident that the protocol 
is appropriate and robust. 

the 

in 

An inpatient capacity management plan has been developed and implemented by the 
CCG. The overall aims of this plan are: 

  To  address  the  financial  pressure  within  the  Manchester health  economy 

resulting from out-of-area placements   

  To improve patient experience  
  To maintain bed flows most effectively and efficiently 
  To  promote  an  effective  and  joint  working  approach  across  the  stakeholder 

organisations 

The  Commissioner  Assurance  Plan  for  Quality  Improvement  (CAP-QI)  was  agreed 
by the Joint Commissioning Management Board in September 2013 and is monitored 
monthly  as part  of quality  and performance  monitoring  processes  that  are  in  place 
within the Citywide Commissioning, Quality and Safeguarding Team. 

Conclusion 
To  summarise:  the  City  Wide  Commissioning,  Quality  and  Safeguarding  Team  on 
behalf of the CCG’s has robust monitoring processes in place to monitor action taken 
by 
other 
serious incidents requiring investigation  reported  by  the  Trust.  Assurance  is  sought 
with regards to progress on a monthly basis.  

response 

incident 

Trust 

and 

this 

the 

to 

in 

The Team also monitors bed availability on a daily and weekly basis to ensure that 
patients  are  not  waiting  unnecessarily  for  a  bed  or  that  they  are  not  placed  out  of 
area for extended periods of time (which can impact on patient experience and also 
NHS budgets). 

Yours sincerely  

Executive Nurse and  
Director of Citywide Commissioning, Quality 
And Safeguarding
Response from Manchester Mental Health NHS (PDF)
MANCHESTER Manchester Mental Health

CITY COUNCIL .
and Social Care Trust

Chorlton House

70 Manchester Road
Chorlton cum Hardy
Manchester

M21 9UN

Ref: HH/Regulation 28 response $D/03022014
Date: 3 February 2014
PRIVATE AND CONFIDENTIAL

Mr Nigel Meadows
HM Coroner
Coroner’s Office
Manchester City Area
PO Box 532
Manchester Town Hall
Albert Square
Manchester, M60 2LA

Dear Mr Meadows

Re: Stephanie Daniels (deceased) inquest hearing concluded 29 November 2013.
Regulation 28: Report to Prevent Future Deaths

Thank you for your Regulation 28 Report following the Inquest Hearing at Manchester Crown
Court into the death of Stephanie Daniels.

! have provided a response to your concerns, as detailed in your report of 13 December
2013, as follows:

1. Serious Untoward Incident / Serious Incident Requiring Investigation (SIRI)

Following the concerns raised in your report about the Serious Untoward Incident the Trust
will be reviewing the Serious Incident Requiring Investigation (SIRI) policy to consider the
engagement of an independent investigator in complex cases. The Trust will also develop
further guidance for investigators regarding the learning from this case. As part of the
review, the Trust will look at identifying a resource to carry out such independent
investigations.

a

2. Handover process

As you are aware, the Trust has a handover of care policy, which sets out the arrangements
for the handover of care, and the documentation of information handed over. The Matrons
will carry out weekly checks on compliance with the quality of the documentation on the
handover forms. To address your concern that issues may be overlooked, the Head of
Nursing is writing to all Ward Managers to instruct all registered nursing staff that they must
read the recent admission records and risk information relating to all patients who are not
known to them or have not been known during the current period of admission. Ward
Managers will be required to ensure their registered nursing staff have received and
understood the instruction, which will be monitored through management supervision.

3. Bed availability

| understand that you have raised this concern in your Regulation 28 Report as a national
issue. However, as you are aware, following EEE evidence at the inquest, this Trust
implemented a change to how inpatient beds are accessed in January 2013 and we do not
have a waiting list of service users requiring admission.

4. Clerking In

The Trust acknowledges the importance of clerking in service users upon admission. In
order to strengthen our processes the admission checklist requires the nurse to sign that
they have contacted the doctor to clerk in a new service user, and an additional sign-off once
the doctor has clerked the service user in. It also incorporates the action to inform the
consultant by email of hospital admissions. This will be monitored through audits.

5. Supervision of junior doctors

| appreciate you have also sent your Regulation 28 Report to the Deanery at Manchester
University. From a Trust perspective, all trainees graded CT1-3 and StR 4-6 have weekly
supervision. Trainees and Consultants have been reminded of the importance of this and a
discussion has taken place with the Deanery. This will be additionally monitored through the
annual handover and supervision survey data completed by junior medical staff.

6. Prescribing of medication by junior doctors

HE inierim Medical Director, will ensure that all trainees will be informed about the
Rapid Tranquillisation protocol through the induction process. In addition, consultants will be
made aware of their responsibilities in respect of supervision of junior doctors prescribing.
The Trust has amended the prescription card to ensure that Rapid Tranquillisation is clearly
identifiable and not confused with PRN (as necessary) medication. The Trust incident
reporting system is being adapted to record whether Rapid Tranquillisation was administered
intramuscularly or orally and whether physical / safe observations were maintained in line
with Trust policy. This is be monitored through induction attendance records, pharmacy
daily monitoring of prescriptions and Datix incident reporting.

7. Mechanism by which the Consultant in charge of the patient would learn of
the patient’s admission

As referred to under point four, the admission checklist system incorporates contacting of
consultants by the nursing staff. The compliance with this system will be monitored through
audit.

8. Performing and recording of observations on other patients

| share your concern about incomplete observation forms and the Head of Nursing has
instructed staff that observation record forms must be completed contemporaneously and
without any gaps. In addition, the nurse in charge must review the observations records
during and at the end of the shift and ensure any gaps are addressed and reported through
the Datix incident reporting system. The Matrons will monitor the recording of observations
and the Trust will audit the compliance with the Safe and.Supportive Observation policy.

| have attached the action plan detailing the timetable for actions to be undertaken in line
with the requirements of the Regulation 28 Report.

| hope this response provides you with assurance that the Trust has taken action in
response to your Regulation 28 Report.

Yours sincerely

WS SoMa

Michele Moran
Chief Executive

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