Prevention of Future Deaths reports · 2013

Barnabas Newlyn

Regulation 28 report to prevent future deaths, reference 2013-0382, written 13 Nov 2013. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report13 Nov 2013
Reference2013-0382
DeceasedBarnabas Newlyn
CoronerSelena Lynch
Coroner areaInner North London
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedEast Kent Hospitals University NHS Foundation Trust · South East Coast Ambulance Service NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

Inner North London Coroners Court 

Regulation 28 Report to Prevent Future Deaths 

THIS REPORT IS BEING SENT TO:  

 Medical Director, NHS England 

CORONER 

I am Selena Lynch, Assistant Coroner for Inner North London 

2  CORONER’S LEGAL POWERS 

I 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. 

3 

INVESTIGATION and INQUEST 

On 6th November 2013 I concluded an inquest into the death of Barnabas 
Newlyn, a four year old boy.  My conclusion was that he died from acute 
intracerebral haemorrhage due to metastatic Ewing’s sarcoma and that his 
death was natural.   

4  CIRCUMSTANCES OF THE DEATH 

Barnabas had received treatment for Ewing’s sarcoma and appeared to be in 
remission.  He collapsed at home on 30th March 2013 and was admitted to 
Queen Elizabeth the Queen Mother Hospital (QEQM) in Margate at about 
12.30pm. A scan revealed that he had suffered a large right parieto-occipital 
haemorrhage.  He was transferred to Great Ormond Street Hospital, arriving at 
about 7 p.m..  He underwent emergency craniotomy, but his condition 
deteriorated and he died on 31st March 2013. 

5  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.  –  

In the case of Barnabas Newlyn there were particular difficulties in arranging 
timely transfer, and earlier transfer would have been unlikely to affect the 
outcome.  However, the Court heard that even without such difficulties the time 
taken to travel by road from QEQM to Great Ormond Street Hospital does not 
afford a realistic opportunity to save the life of a patient needing time sensitive 
critical care transfer, especially neurosurgical emergencies.  This may be an 
issue for other similarly placed hospitals elsewhere in the country where they 
need to transfer patients to specialist facilities at some distance. Whilst 
recognising that helicopter services are not directly managed or funded by NHS 
England, it may be helpful and appropriate for healthcare staff needing urgent 
transfer to start by attempting to secure air transfer.  

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 6  ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you 
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 14 January 2014. I 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. 

8  COPIES and PUBLICATION 

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

 

  South East Coast Ambulance Service NHS Foundation Trust 

  East Kent Hospitals University NHS Foundation Trust 

  Kent Surrey and Sussex Air Ambulance Trust ,  

  Great Ormond Street Hospital 

and to the Local Safeguarding Board.  

 I have also sent it to Kent, Surrey and Sussex Air Ambulance Trust who 
may find it useful or of interest. 

I am also under a duty to send the Chief Coroner a copy of your 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. 

9 

19th November 2013                                             Signed 

2

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 3

Responses

1 response 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 NHS England (PDF)
Wharf House 
Medway Wharf Road 
Tonbridge 
Kent 
TN9 1RE 

Email: 
Telephone: 

Mrs Selena Lynch 
Assistant Coroner for Inner North London 
St Pancras Coroner’s Court 
Camley Street 
London 
N1C 4PP 

27 February 2014 

Dear Mrs Lynch 

Coroner's Prevention of Future Deaths report - Barnabas Newlyn 

I write in reply to your Regulation 28 report to prevent future deaths sent to Sir Bruce 
Keogh, Medical Director of NHS England, subsequent to the inquest into the death of 
Barnabas Newlyn on 6 November 2013.  Your matters of concern listed “particular 
difficulties in arranging timely transfer” though you noted that “earlier transfer would 
have been unlikely to affect the outcome”.  The Court was concerned that even without 
delay the time taken for a road journey from Margate to Great Ormond Street may well 
damage the future prospects of a patient needing time sensitive critical care transfer 
and in particular neurosurgical emergencies.  You noted that it may be necessary to 
consider air transfer for such cases. 

I received your letter on 14 January 2014 for action and subsequently agreed an 
extension to the end of February 2014 to formulate a reply.  In this time I have 
assembled evidence principally in the form of root cause analyses of the incident from 
agencies involved and have considered the issues raised with the senior membership 
of those organisations including the Medical Directors of South East Coast Ambulance, 
and East Kent Hospitals University Foundation Trust, Accountable Officers of the 
Thanet and the Dartford, Gravesham and Swanley Clinical Commissioning Groups (the 
latter being the lead commissioner for South East Coast Ambulance Service), the Head 
of Specialist Commissioning for Kent, Surrey and Sussex, and the lead officer for the 
Operational Delivery Network for Critical Care in the Region. 

 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 To summarise the timings involved which were of critical significance in the case:  
BN arrived at QEQM Hospital in Margate at 1232, QEQM critical care staff contacted 
South East Coast Ambulance at 1615, the ambulance arrived at 1715, and the patient 
arrived at Great Ormond Street Hospital at 1832. 

There are two relevant root cause analyses in this case.  The first was provided by 
East Kent Hospitals University Foundation Trust.  This noted that a neurosurgical 
emergency is a rare event for a district general hospital.  Indeed it is the South East 
Coast (SECAMB) Medical Director estimates that there is approximately one 
neurosurgical emergency of this nature in their operational area, which extends across 
Kent, Surrey and Sussex, per month.  The time interval between arrival at hospital and 
the contacting of SECAMB is noted.  The RCA itself notes that there was difficulty in 
contacting SECAMB which is a matter of record.  However readiness for transfer was 
also affected by a lack of appropriate equipment at the hospital itself; in this case the 
lack of an appropriate connection for the portable paediatric ventilation unit.  SECAMB 
have also conducted an RCA: this notes there were significant resource issues in the 
East Kent locality that Saturday afternoon (which means that there were gaps in the on 
call rota for ambulance crews and thus less units on the road than planned), secondly 
there was “poor resource utilisation” meaning that the selection and prioritisation of 
available ambulance units for the transfer from QEQM to Great Ormond Street left 
room for improvement.  This is also a matter of record and has been fully analysed by 
SECAMB.  The SECAMB Medical Director also noted that there is a protocol for care in 
operation which states that when two calls of equivalent urgency are received at the 
same time (as was the case on this occasion) the priority goes to the patient who is not 
in receipt of care (in this case a patient with symptoms compatible with a heart attack).  
It was noted that this protocol may in certain exceptional circumstances need to be 
revisited, although the principle in itself it is reasonable.  Finally it was noted that a non-
paramedic crewed vehicle would have been suitable in this case though a paramedic 
crew was requested.  This would be acceptable because the patient will be 
accompanied by a critical care trained doctor and nurse on transfer between hospitals 
and thus paramedics are not required. An ambulance would have been available 
earlier had this been the case. 

There is also guidance on the subject of neurosurgical transfer from a joint statement 
of the British Society of Neurological Surgeons and the Royal College of Anaesthetists.  
The guidance states that “most children with life threatening neurosurgical conditions 
will come to more harm from the delay related to the time waiting for a paediatric 
intensive care retrieval team to travel to the referring hospital than from the relative 
risks of a direct transfer by the non-specialist hospital transfer team”.  Therefore 
guidance states that “transfers of children for emergency neurosurgery should normally 
be undertaken by the referring hospital” and that “very rarely the use of retrieval teams 
may be appropriate”.  The guidance does not deal with the issue of air ambulance 
transfer outside of these principles. 

The reorganisation of the NHS from April 2013 has led to a change in commissioning 
arrangements and in particular a reorganisation of networks and relationships which 
have taken time to settle.  Nonetheless commissioning mechanisms do exist within 
NHS London, the Paediatric Neuroscience Clinical Reference Group of NHS England 
(national), local specialised commissioning resources, and the Major Trauma 
Operational Delivery Network for South London and Kent, with which a longer term 
solution can be pursued. 

2 

 
 
 
 
 The availability of an air ambulance resource was discussed in some detail.  The NHS 
in Kent, Surrey and Sussex does have access to an air ambulance service and 
recently that service has received clearance to fly outside the hours of daylight.  It was 
noted however that there are difficulties in building the air ambulance service reliably 
into the critical care transfer pathway.  Firstly the air ambulance is tasked at present to 
be available to respond to severe road traffic crashes.  There is a single aircraft and it 
cannot be relied upon to be available at all time both for reasons of other operational 
distractions or maintenance. In addition it is not clear from the evidence or experience 
of senior clinicians that an air ambulance transfer to Great Ormond Street would have 
been quicker than the 77 minutes that the road ambulance took to transfer the patient 
to Great Ormond Street. This option requires more detailed evaluation before we can 
be specific about the role of air transfer in future emergencies.  

Therefore notwithstanding the specific difficulties of arranging a suitable ambulance 
transfer in BN’s case, there remain problems related to critical neurosurgical transfer to 
London from the peripheral areas of Kent, Surrey and Sussex, related to the rarity of 
the event in the experience of local hospitals, the awareness of staff as to the correct 
protocols that should be operated when those rare circumstances do occur, the 
availability of retrieval services including air ambulance, and the readiness and training 
of senior local critical care staff to be able to effect such transfers. 

We believe that the situation can be improved in the following ways. 

Firstly in the next month we will issue interim guidance to acute hospitals which will 
contain the following: 

1.  All hospitals should maintain a suitably equipped paediatric and indeed adult 
transfer bag which contains all the equipment necessary to affect a road or 
indeed air ambulance transfer.  This equipment should be subject to regular 
checking. 

2.  SECAMB will issue interim local guidance on the correct protocols to be 

followed in the event of these relatively uncommon events (in the experience of 
individual hospitals). 

3.  Training will be offered to critical care staff in all district general hospitals in 

retrieval.  This is currently a requirement of doctors in training in critical care to 
receive.  However it is not clear the degree to which these skills are available at 
all times within all of our local hospitals and a programme will be established to 
ensure that it is so. This programme will be established within the next month. 

This guidance will make it less likely that operational problems will delay important 
transfers in the short term. 

Secondly we are in the process of mobilising commissioning arrangements in particular 
the Paediatric Neuroscience Clinical Reference Group of NHS England and the South 
London and Kent Trauma Network (run from Kings College Hospital – adults only) for a 
more comprehensive discussion about standardising protocols between the local 
neurosurgical receiving units (Kings College Hospital for adults and Great Ormond 
Street for paediatrics).  These arrangements will need to encompass at least two 

3 

 
 
 
 
 
 
 
 
 
 
 ambulance services (South East Coast and London) and will build upon and 
standardise the interim guidance that we will issue in our locality. 

Finally we will commission a report that looks specifically at the feasibility of building 
the air ambulance service more closely into the critical care neurosurgery pathway in 
these circumstances. 

Therefore I believe we have taken immediate steps to improve the quality of care 
provided in these important but unusual circumstances.  There are several longer term 
actions that I have outlined that will need time to come to a satisfactory conclusion and 
I will write to you in three months’ time to summarise the outcome of these issues.  I 
trust that this is satisfactory. 

Yours sincerely 

Medical Director (Kent and Medway) 

CC:  

4

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