Prevention of Future Deaths reports · 2015

Margaret Flemming

Regulation 28 report to prevent future deaths, reference 2015-0029, written 29 Jan 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report29 Jan 2015
Reference2015-0029
DeceasedMargaret Flemming
CoronerThomas Osborne
Coroner areaBedfordshire & Luton
CategoryCare Home Health related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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

THOMAS R. OSBORNE 
 Senior Coroner for Bedfordshire and Luton 

       REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:   

Mr Richard Carr 
The Chief Executive 
Central Bedfordshire Council 
Priory House  
Monks Walk 
Chicksands 
SG17 5TQ 

1 

CORONER 

I am Thomas R. Osborne, Senior Coroner for Bedfordshire and Luton                  

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. 
http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 
http://www.legislation.gov.uk/uksi/2013/1629/part/7/made 

3 

INVESTIGATION and INQUEST 

On 20th January 2015 I commenced an Investigation into the death of Margaret 
Emily  FLEMMING,  aged  90  .  The  Investigation  concluded  at  the  end  of  the 
Inquest  on  21st  January  2015.  The  Conclusion  of  the  inquest  was  ‘Natural 
Causes’.  She had died from: 

I(a) Bronchopneumonia   

II    End Stage Senile Dementia    

4 

CIRCUMSTANCES OF THE DEATH 

The  deceased  had  been  a  resident  at  the  Care  Home  since  2009.  Due  to  her 
dementia  she  was  placed  on  a  Deprivation  of  Liberty  Authorisation  in  October 
2014. Over the weekend of 17th  and 18th  January 2015 she was seen by a Doctor  

Senior Coroner, The Court House, Woburn Street, AMPTHILL, Bedfordshire, MK45 2HX 
Tel 0300-300-6559    |    Fax 0300-300-8267 

 
 
 
 
 
      
 
 
 
 
 
      
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 and  prescribed  antibiotics.  She  died  peacefully  at  the  care  home  the  following 
day. 

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.  An  urgent  Request 

for  a  Deprivation  of  Liberty  Safeguarding 
Authorisation  was  placed  with  Central  Bedfordshire  Council  on  8th 
October  2014  and  yet  the  Best  Interests  Assessment  did  not  take  place 
until 7th January 2015. The deceased remained vulnerable throughout this 
period. 

2.  The  Local  Authority  were  aware  for  a  long  period  of  time  that  the 

deceased had become confused and required urgent assessment.  

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 26th March 2015. I, 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. 

8 

COPIES and PUBLICATION 

I have sent a copy of my report to the family of Mrs Flemming. 

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  

Senior Coroner, The Court House, Woburn Street, AMPTHILL, Bedfordshire, MK45 2HX 
Tel 0300-300-6559    |    Fax 0300-300-8267 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Coroner,  at  the  time  of  your  Response,  about  the  release  or  the  publication  of 
your response by the Chief Coroner. 

Dated 29th January 2015 

…………………………………….. 
THOMAS R. OSBORNE 
Senior Coroner 
for Bedfordshire and Luton 

Senior Coroner, The Court House, Woburn Street, AMPTHILL, Bedfordshire, MK45 2HX 
Tel 0300-300-6559    |    Fax 0300-300-8267

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 Central Bedfordshire Council (PDF)
Mr Thomas R Osborne Your ref: FY

HM Senior Coroner :
The Court House Our ref: .

Wobum Sireet Date: 42" March 2015
Ampthill

Bedfordshire MK45 2+1X

Dear Mr Osborne

Inquest touching the death of Margaret Emily Flemming

Thank you for your letter dated 20" January 2015. | will respond to the
concerns in Section 6 ‘Coroners Concems’ of your Regulation 28 Repert in turn:

4. Deprivation of Liberty Safeguards {DoLS): urgent and standard
authorisation requests were received by the Council from Carringion House
care hame on 8" October 2074, The reason for the requests was that Mrs
Flemming lacked the option te leave the care setting and required continuous
supervision and control. You expressed your concern that the Best interests
Assessment did not take place until 7" January 2015 and you felt that the
deceased remained vulnerable during this time.

Since March 2014, the Council has adopted a risk based approach,
prioritising DoLS assessments on the basis of risk of harm to the person
concemed, and using a waiting list for those assessed as low risk. As there
was no indication of concern with Mrs Flemming’s care package, ho
concems faised by her family, and no indication of undue or excessive
physical or medical restraint being used, the request relating to Mrs
Flemming was assessed as low risk. Because of this, it meant that Mrs
Flemming’s Best Interests Assessment did ct take place until
gM january 2015. The outcome of this was that restrictions amounting ic
continuous supervision and control had been in place for frequent and
projonged periods since Mrs Flemming’s admission on 22"4 May 2008, she
was not free to leave, and the placement was in her best interests. No
changes to the care plan (conditions) were recommended as a result of the
assessment.

Cont/2....
Ceriral Besarishts Cours!
Priory House, Monks Watk Telephone 0300 300 8000
Chicksands, Shefford Email customer.services@centralbedfordshire.gov.uk

Bedfordshire SG17 §TQ www.centralbedfordshire.gov.uk

~2-

2. Whilst the Council! acknowledges that Mrs Flemming did not receive a DoLS
assessment within the timescales prescribed by law, we are satisfied that the
care being provided to her during that fime was appropriate and in her best
interests, An annual review of her care package had been conducted by a
socia! worker on 29” September 2014 and Best Interests Assessment on
g" January 2015. During this period there were no reports to the Council that
the care home was unable to meet Mrs Flemming’s needs.

The Council has adopted the prioritisation approach and waiting list as 4
temporary measure, in order to be able to respond to the ten fold increase in
DoLS activity. Part of the strategy to respond to this increase has been to
recruit temporary qualified staff, and train additional staff to perform the Best
Interests Assessor function. The Council is maintaining its investment in
these staff to deal with ihe increase in activity.

Whilst the waiting list is reducing (from 237 in January to 209 In February)
this is not a position the Council wishes to maintain. We are currently in the
process of procuring external specialist support to undertake ail of the
assessments on the waiting list.

if you wish to discuss this matter further, please contact Director of

Social Care, Health and Housing and
Hoad of Quality improvement & Safeguarding

| think it would be helpful for there to

be a discussion about your comments that action should be taken to prevent

future deaths. If would appear that Mrs Flemming’s death was due to

bronchopneumonia and End Stage Senile Dementia.

Yours sincerely

Richard Carr
Chief Executive

Direct telephone Il

| A

cc Director of Social Care, Health & Housing
Head of Safeguarding & Quality Improvement

eS TUNG

Walk | Telephone 0300 300 6000

Priory House, Monks
Chicksands, Shefford
Bedfordshire SG17 5TQ

Email customer.services@centralbedfordshire.gov.uk
www.centralbedfordshire.gov.uk

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