Prevention of Future Deaths reports · 2014

Rebecca Overy

Regulation 28 report to prevent future deaths, reference 2014-0535, written 17 Dec 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report17 Dec 2014
Reference2014-0535
DeceasedRebecca Overy
CoronerStephanie Haskey
Coroner areaNottinghamshire
CategoryOther related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

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.

From Norman Lamb MP
Minister of State for Care and Support

Department
of Health
Richmond House
79 Whitehall
London
; SWIA 2NS
Miss S Haskey Tel: 020 7210 4850
Assistant Coroner
Coroner’s Office
The Council House
Old Market Square
Nottingham 27 FEB 2015
NGI 2DT

Thank you for your letter following the inquest into the death of Rebecca Overy. I
was very sorry to hear of Miss Overy’s death and wish to extend my sincere

condolences to her family.

The inquest concluded that Miss Overy died of a hypoxic brain injury as a result of
asphyxia whilst a patient in adult secure mental health detention. Her fatal injury was
self- inflicted. Miss Overy had been transferred from a secure child and adolescent
mental health unit to an adult secure mental health unit the day after her 18"
birthday. No plans had been made for a gradual transition to the adult facility nor
had she visited the adult institution before her transfer.

This case highlights issues about the transfer of adolescents into adult mental health
units and the provision of secure mental health for young people aged 18 to 24. You
raise the following concerns for our attention :

e The immediate transfer of Rebecca the day after her 1 8" birthday was not
in her best interests, it was detrimental to her mental health and occurred
due to the operation of a 30 of the Health and Social Care Act, whereby
the commissioners were obliged to arrange an immediate transfer, and the
clinicians to concur with it, lest they be in breach of the Act.

© There is no provision for secure mental health care for young adults aged
18 — 24, with a clinical picture similar to Rebecca’s.

I have obtained information from NHS England about this case. I understand that
Miss Overy’s death was the subject of a serious case review, for which NHS
England provided a detailed report.

Your first concern is about the age of transition from CAMHS. The Government is
aware that there is wide variation in NHS practice when children and young people
move from a Child and Adolescent Mental Health Service (CAMHS) ward or
elsewhere. Different services choose to transition at different ages: 16, 18 or older.
A person aged 18 is legally an adult. An adult patient on a CAMHS ward could lead
to child protection and adult safeguarding issues. For this reason, some services
currently choose to move a patient to an adult ward at age 18, with the move taking
place on the 18" birthday or the day after.

However, it is the Government’s clear aim that transition between services should
not focus on age, but on the needs of the individual. Transition between services
should always be based upon the needs of the individual, and subject to professional
clinical judgement. Transition requires careful planning and we want to see a whole
system approach in which the child or young person is supported along the care
pathway according to needs.

The key to successful transition planning and actual transition arrangements is that
the CAMHS provider is supportive of plans by local clinicians and teams, working
as part of that team in the transition process. Likewise the provider of adult services
must anticipate and meet the additional needs for a young adult in the service.

Improving transition and ending the ‘cliff edge’ of support many children and young
people face as they reach 18 is a key commitment and priority for action in Closing
the Gap: Priorities for essential change in mental health, launched by the Deputy
Prime Minister and me on 20 January 2014. In support of this, in December 2014
and January 2015, NHS England published new service specifications for
commissioners, giving guidance and best practice on transition from CAMHS. These
fulfil a major objective for this priority. These specifications intentionally do not
stipulate an age threshold for transition but state transition should be built around the
needs of the individual, not focussed on age’. This is part of the Government’s
commitment to parity of esteem between mental and physical health services.

In addition, I commissioned the Children and Young People’s Mental Health and
Wellbeing Taskforce in August 2014 to improve the way children and young
people’s mental health services are organised, commissioned and provided to make
it easier for young people to access help and support. Transition is one of the key
issues I have asked the Taskforce to address.

' Available at http://www.england.nhs.uk/resources/resources-for-ccgs/#camhs-tools

ab

Department
of Health

The Taskforce has sought the views of young people, their families and carers as
well as those working with children and young people. A report will be published in
the Spring.

You refer to the “operation of a section 30 of the Health and Social Care Act,
whereby the commissioners were obliged to arrange an immediate transfer”. | am
not aware of a provision from either the Health and Social Care Act or the Mental
Health Act which stipulates this, so am unable to comment on this specific matter.
However, if you are able to provide clarification for this reference I am happy to
respond further on this point.

NHS England have assured me that Miss Overy’s future care had been considered
for many months prior to her transfer including the appropriate type of environment
and level of security required. They have confirmed that an independent clinical
access assessment had been undertaken that identified that Miss Overy should be in
an adult low secure placement when she turned 18. The CAMHS placement where
she was, was not of a low secure environmental or therapeutic standard that would
meet her identified needs. In addition, Miss Overy’s significant levels of risk and
patterns of behaviour meant that she would not have been able either to remain
within a CAMHS or be discharged to the community when she became an adult.

I would expect providers of adult secure mental health services to act in accordance
with the Mental Health Act 1983 Code of Practice to ensure that the needs of the
patient are identified on admission to an adult secure hospital and an individual care
plan for meeting these needs is put in place.

I would also expect patients, families and carers to be involved in decisions to admit
to a secure hospital. The Code of Practice identifies a number of factors for
consideration in making this decision, including the wishes and views of patients,
their ages and physical health, cultural backgrounds and their social and family
circumstances. However, the safety of the person and others is an important
consideration in making this decision and should be guided by an assessment of risk
including suicide, self-harm, self-neglect and jeopardising health and safety
accidentally or intentionally.

Assessments of patients should also be made to understand their needs and identify
potential risks. Individual care plans should be put in place to meet patients’ needs
and manage risks in a therapeutic way within the least restrictive environment.

Where there is a risk of disturbed behaviour such as self-harm or risk of suicide, the
Code of Practice identifies a number of factors to be considered such as the impact
of the physical and therapeutic environment, emotional distress and the mix of
patients within the secure ward or unit.

The Department of Health is currently revising the Code of Practice, which will
come into effect from 1 April. The Department has worked with partners, expert
bodies and an extensive range of stakeholders including mental health professionals,
carers, advocates and service users to strengthen the Code of Practice in key areas.

The revised Code of Practice will include a strengthened section on meeting the
needs of patients upon admission to hospital and brings to the fore the need to
involve patients, their carers/advocates and families in decisions about care. The
revised Code of Practice will make clear that providers should have policies and
guidance in place for conducting individualised assessments which are based around
the needs of the patient. However, it will go further by highlighting that strategies
should be developed to enhance quality of life and prevent disturbed behaviour
through individualised behaviour support plans, which patients, carers/advocates and
families should be fully involved in developing.

You were concerned that there is no provision for secure mental health care for
young adults aged 18 — 24 with a similar clinical picture. Whilst there are no
dedicated wards for 18 to 24 year olds, there are wards that meet the clinical needs
of patients with the same and similar presentation to Miss Overy. There is transition
guidance in place which advises that arrangements are made within adult wards to
ensure that appropriate patient needs, as highlighted in clinical assessments, are met.
Receiving providers should make appropriate plans and extend the services available
to aid the transition arrangements for young adults.

One such example of this is a ‘Buddy System’. J understand that in this case,
Partnerships in Care, who were the provider of the adult mental health services that
Miss Overy received, had established a Buddy System for Miss Overy with another
young person, who was already on that ward and aged 18.

Relevant transition guidance can be found in the Access Assessment Commissioning
Guidance May 2012 for secure services (copy enclosed with this reply). This
guidance provides commissioners of secure mental health services with direction on
how best to ensure high quality outcomes for the assessment of need. The
assessment determines if a referred patient requires care under conditions of security
and, if so, at what level.

Department
of Health

An Access Assessment is the clinical assessment of the mental health and risk-
management needs of an individual. This assessment determines the most
appropriate placement for the individual in terms of need and level of security, with
consideration of the whole care pathway. The guidance contains an expected
outcome for the transition from Adolescent Services to Adult Secure

Services. There should be a managed pathway between adolescent mental health
services and adult secure services.

Best practice guidance is also highlighted within the Children’s and Families’
Services Guide 44 — Mental health service transitions for young people from the
Social Care Institute for Excellence (SCIE) which can be found at

www.scie.org.uk/publications/guides/guide44/files/guide44.pdf

I hope that this response is helpful and I am grateful to you for bringing the
circumstances of Miss Overy’s death to my attention.

La pane” ae

a OU Ne we
NORMAN LAMB

ae
Also filed under 2014-0535: Overy-2014-0535.pdf
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1)

NOTE: This form is to be used after an inquest.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT JS BEING SENT TO:

1. The Department of Health

1 | CORONER

lam Miss Stephanie Haskey, Assistant Coroner, for the Coroner area of
Nottinghamshire

2 | 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.

3 | INVESTIGATION and INQUEST

From 17" to 27th November2014 the death of Rebecca Louise Overy was the
subject of an Article 2 Inquest. It was found that Miss Overy had died as a result of
hypoxic brain injury as a result of asphyxia whilst in adult secure mental health
detention, The jury returned a Narrative Conclusion.

4 | CIRCUMSTANCES OF THE DEATH

Miss Overy’s fatal injury was self- inflicted, and occurred whist she remained on
the'adult admission ward. She had been transferred there from Child and
Adolescent secure mental health detention the day after her 18" birthday, without
any prior visit to the adult intuition and without any plan for a gradual transition,
given Miss Overy’s particular circumstances, despite this being proposed by her
adolescent responsible clinician.

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:

1.That the immediate transfer of Miss Overy the day after her 18" birthday was not in
her best interests, was detrimental to her mental health and occurred purely due to the
operation of s 30 of the Health and Social Care Act, whereby the commissioners were
obliged to arrange an immediate transfer, and the clinicians to concur with it, lest they be
in breach of the act.

2. That there is no provision for secure mental health care for young adults in the age
range 18-24, with a clinical picture similar to Rebecca's.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe your
organisation has the power to take such action.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 1S -Z- (Ss: 1, 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 PUBLICATION

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

| have also sent it to:

WDA ABW N=

(mother)
(father)

8
9
1
1
1
1

! 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.

[DATE] yy [SIGNED BY CORONERF W/
. - hani k
[7 - C2 gy Stephanie Haskey tte

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