Prevention of Future Deaths reports · 2015

Elizabeth Cox

Regulation 28 report to prevent future deaths, reference 2015-0094, written 12 Mar 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report12 Mar 2015
Reference2015-0094
DeceasedElizabeth Cox
CoronerHeidi Connor
Coroner areaNottinghamshire
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedSherwood Forest Hospitals NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses published1

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.

ANNEX A

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 IS BEING SENT TO:

1. Chief Executive, Sherwood Hospitals NHS Foundation Trust

1 | CORONER

| am Mrs Heidi Connor, 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

On 17 November 2014 | commenced an investigation into the death of Mrs Elizabeth
Ann Cox, aged 84. The investigation concluded at the end of the inquest on 11 March
2015. The conclusion of the inquest was Accident. The cause of death was :

1a subdural haemorrhage
1b Fall :

2 Rheumatoid arthritis, myeloproliferative disorder, previous subdural haemorrhages,
epilepsy, dementia, postural hypotension.

4 | CIRCUMSTANCES OF THE DEATH

As is evident from the cause of death, Mrs Cox had a number of co-morbidities. She
had suffered earlier falls, including previous falls whilst an in-patient of the trust on 14
June 2014 and 9 July 2014.

Mrs Cox's final admission to Kingsmill Hospital was on 8 July 2014, after suffering a fit.
She was admitted to ward 42 on 11 July 2014. The evidence showed that she was risk-
assessed for falls, and it was clear that she was at high risk. Mrs Cox had a history of
stroke, previous falls and SDHs, fits, postural hypotension, dementia, mobility problems,
poor eyesight and was aged 84.

It was accepted in evidence that this assessment should have resulted in Mrs Cox being
nursed in a Hi-Lo bed and crash mats being provided. This equipment was not put in
place.

Mrs Cox suffered a fall from her bed in the early hours of 18 July 2014. The fall was
unwitnessed, although later investigations revealed that Mrs Cox had been trying to get
out of her bed to go to the toilet as she had loose stools. Although she had a buzzer,
she was not able to use this.

Mrs Cox' condition deteriorated significantly after this fall, and she died at Kingsmill
Hospital on 10 August 2014. | found there was a clear link between the fall on 18 July

2014 and her death.

CORONER’S CONCERNS
During the course of the inquest the evidence revealed matters giving rise to concern.

The evidence of senior nursing staff involved with this ward and with the trust's internal
investigation made it clear that those working on the ward on the night of 17/18 July felt
they needed further staff to cope with the demands of the patients they were looking
after.

We heard that the ward sister followed hospital protocol to request assistance. When it
was clear that no one was available from neighbouring wards, a bank nurse was
requested. Unfortunately, the bank nurse cancelled at very short notice. The duty nurse
manager was called, but noone was available to assist at short notice.

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. During daytime hours, where additional staff are needed, the Reducing Harm
Team can be contacted to try to provide the necessary resources. | was told,
although this is currently under review, that,as matters stand, this (or an
equivalent) is not available during the night.

2. It has been suggested as part of a trust-wide review that the number of staff
available on the wards at night be reduced — from 3 registered and 2
unregistered currently, to 3 registered and 1 unregistered. | am aware that this is
merely a proposal — and not currently in place — but should this come into effect,
| am concerned that events like these may re-occur, where staff simply do not
have the capacity to look after their patients safely, because of workloads.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you have 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 7 May 2015. |, 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, the trust's legal department and to
Mrs Cox’ family.

| 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.

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 Sherwood Forest Hospital (PDF)
King’s Mill Hospital 
Mansfield Road 
Sutton in Ashfield 
Nottinghamshire 
NG17 4JL 

Tel: 

Join today: www.sfh-tr.nhs.uk 

Trust Headquarters 

Ref: KF/JH/Regulation28 
Ext: 3251 

HM Coroner 
Mrs Heidi Connor 
Council House 
Nottingham. 

7th May 2015 

Dear Mrs Connor 

Re: Mrs Elizabeth Ann Cox - Response to Regulation 28/Prevention of Future Death 
(PFD) 

Thank you for your letter of 12 March 2015 written in accordance with Regulation 28 of the 
Coroner’s Rules following the conclusion of the inquest that was held touching the death of 
Mrs Elizabeth Ann Cox. 

I note the matters of concern that were raised in your letter, namely: 

1.  During daytime hours, where additional staff are needed, the Reducing Harm Team can 
be  contacted  to  try  to  provide  the  necessary  resources.  I  was  told  although  this  is 
currently  under  review,  that,  as  matters  stand,  this  (or  an  equivalent)  is  not  available 
during the night. 

2.  It has been suggested as part of a trust wide review that the number of staff available on 
the  wards  at  night  be  reduced  –  from  3  registered  and  2  unregistered  currently,  to  3 
registered  and  1  unregistered.  I  am  aware  that  this  is  merely  a  proposal  –  and  not 
currently  in  place  –  but  should  this  come  into  effect,  I  am  concerned  that  events  like 
these  may  re-occur,  where  staff  simply  do  not  have  the  capacity  to  look  after  their 
patients safely, because of workloads. 

Our  response  contains  details  of  action  taken  or  proposed  to  be  taken,  setting  out  the 
timetable for action as indicated in your letter. 

Since  the  conclusion  of  the  inquest,  senior  management  have  considered  these  areas  of 
concern further and addressed each in turn below: 

1.   Availability of Reducing Harms Team 

It has been acknowledged by the Trust that there are additional needs required due to 
the  increase  in  frailty  and  dependency  of  our  patients  and  the  challenges  of  caring  for 

Patient Experience Team                                                                        Chairman Sean Lyons  
01623 672222                                                                                            Acting Chief Executive Karen Fisher 
pet@sfh-tr.nhs.uk 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 these  patients  in  en-suite  rooms.  In  response,  the  Trust  has  developed  a  ‘Reducing 
Harms  Team’  to  enhance  the  care  given  to  our  most  vulnerable  patients.  This  is  not  a 
professional or regulatory requirement. The Trust however felt it would help to improve 
care to this group of patients and have succeeded in implementing this. The Reducing 
Harms initiative was recognised nationally and nominated for the Nursing Times Awards 
2014 making the final of the Improving Patient Dignity Category. 

The  Reducing  Harms  Team  are  a  team  of  Unregistered  nurses  (Health  Care  Assistants 
HCA) who have identified that they are comfortable with supporting patients who may have 
more  challenging  needs  and  have  received  the  appropriate  skills  and  training  to  undertake 
this role.  It is a pool of staff that the Trust allocates on a shift by shift basis depending upon 
potential risk, particularly in relation to those patients who are at risk of falling or whom have 
cognitive  impairment  which  could  lead  to  them  causing  harm  to  themselves  or  others.  The 
initiative was introduced in June 2013.  

The  process  for  the  wards  in  accessing  enhanced  care  (during  the  day  and  at  night)  is  as 
follows: 

1.  A risk assessment form is completed on the ward identifying the level of enhanced care 

that is required. 

2.  Depending  on  the  ward’s  activity  and  acuity  this  can  often  be  performed  within  the 
established  numbers  of  staff  already  on  duty,  using  the  guidance  and  techniques 
suggested and skills and training that the ward teams have.  

3.  If  it  is  felt  that  additional  resource  is  required  especially  for  those  patients  at  level  4 
(requiring 1-1 observation) then a request can be made to the Duty Nurse Manager for a 
Reducing  Harms  Team  member  to  be  deployed  to  either  undertake  this  role  or  to 
support the ward in performing this role. 

4.  As the Reducing Harms Team is currently not available at night, additional staffing that is 
identified as being required is requested from the Nurse Bank or Agency to ensure this 
role is still performed.   

5.  If  additional  resource  to  the  Reducing  Harms  Team  is  required  at  any  time  due  to  the 
number  of  patients  requiring  enhanced  care  then  this  is  supplemented  by  the  use  of 
appropriately trained bank staff. 

Implementation of the Reducing Harms Team highlighted the need to ensure all of our HCA’s 
(bank,  agency  and  substantive  staff)  are  able  to  deliver  enhanced  care.    All  HCA’s  receive 
training on providing enhanced care through their annual mandatory training, with additional 
training and advice available from the Dementia Nurse Specialist and Falls team. This means 
that  wherever  it  has  been  identified  that  enhanced  care  is  required  (through  the  risk 
assessment  tool)  then  these  needs  are  able  to  be  met  through  our  substantive  workforce 
regardless of the Reducing Harms team availability.  

Our UNIFY staffing return indicates that even though we do not have a dedicated resource 
for  nights  we  do  deliver  1-1  enhanced  care  whenever  a  risk  assessment  has  identified  the 
need.  

In  summary  therefore,  the  Reducing  Harms  Team  was  introduced  to  support  our  more 
vulnerable  patients  as  a  Trust  based  initiative.  It  is  a small resource  of additional staff  who 
are  able  to  support  our  existing  substantive  ward  teams  in  delivering  enhanced  care.  
Introducing  the  Reducing  Harms  Team  had  the  effect  of  highlighting  the  need  to  be 
responsive  in  providing  enhanced  care  for  those  patients  identified  rather  than  simply 
ensuring the ratio of RN:HCA’s achieved the required standard. Our Health Care Assistant fill 

2

 
 
 
 
 
 
 
 
 
 rates,  which  are  monitored,  reported  to  the  Board  of  Directors  and  published  at  least 
monthly,  show  that  we  employ  many  additional  HCA’s  to  support  patients  who  have 
enhanced care needs.  We do not refuse a request for additional staff to provide enhanced 
(1-1) care if the risk assessment (detailed above) indicates the need – day or night. 

2.  Night Staffing Levels 

Staffing  levels,  particularly  nurse  staffing  levels,  have  been  under  particular  scrutiny 
during regulatory inspections. 

As you will be aware, Regulation 18 of the Health and Social Care Act 2008 (Regulated 
Activities)  Regulations  2014  state  that:  ‘Sufficient  numbers  of  suitably  qualified, 
competent,  skilled  and  experienced  persons  must  be  deployed  in  order  to  meet  the 
requirements of this part’.  

The  intention  of  this  regulation  is  to  make  sure  that  providers  deploy  enough  qualified, 
competent  and  experienced  staff  to  enable  them  to  meet  all  the  other  regulatory 
requirements.  

The legislation does not indicate what safe staffing levels are and there is no official tool 
for calculating appropriate staffing levels.  

CQC’s guidance ‘Guidance for providers on meeting the Regulations’ (February 2015) state 
that  to  meet  the  requirements  of  Regulation  18,  ‘providers  should  have  a  systematic 
approach to determine the number of staff and range of skills required in order to meet the 
needs  of  people  using  the  service’.  Providers  should  also  consider,  ‘the  different  levels  of 
skills and competence required to meet those needs, the registered professional and support 
workers  needed,  supervision  needs  and  leadership  requirements’.  The  CQC  will  also 
consider  if  staffing  levels  are  regularly  assessed  to  ensure  they  are  sufficient  to  meet 
people’s individual needs. The CQC will look to see if providers have taken into account the 
layout of the building. They also look into the arrangements that are in place for making sure 
that  staff  levels  have  the  right  mix  of  skills,  competencies,  experience  and  knowledge,  to 
meet patient’s needs. 

In June 2013, the Bruce Keogh team (Review into the Quality of Care & Treatment provided 
by  14  Trusts  in  England)  identified  the  following  concern  in  relation  to  nurse  staffing  at 
Sherwood Forest Hospitals NHS Foundation Trust; 

  The nursing skill mix was a significant concern to the team.  ‘The Trust stated that 
the  nurse  to  untrained  ratios  were  currently  50:50  on  general  wards  The  minimum  the 
Rapid  Responsive  Review  (RRR)  panel  would  expect  is  60:40  with  a  preference  for 
65:35.    The  above  are  made  significant  by  the  design  of  the  hospital  impacting  on  the 
ability  to  provide  safe  care  so  staffing  levels  need  to  consider  the  hospital  design.    An 
urgent review of the nursing staffing skill mix with immediate plans to ensure that the skill 
mix in place is adequate to provide safe patient care is needed’. 

3

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 The following table demonstrates the changes that have occurred in relation to skill mix and 
numbers during and following Keogh.  

RN Days 
Numbers 
3 

HCA Days 
Numbers 
3 

RN Nights 
Numbers 
2 

HCA Nights  
Numbers 
2 

Overall 
Numbers 
3+3 Days  
2+2 Nights 

Prior to 
Keogh 
Review – 
before June 
2013 

The skill mix was 50% RN to 50% HCA 
This meant that there were too many HCA’s and not enough Registered Nurses on night 
duty.   

3 

Post Keogh 
/ Quality 
Summit  

3 

3 

2 

3+3 Days  
3+2 Nights  

Following the Quality Summit a temporary measure was instigated to increase the number 
of Registered Nurses on night duty, whilst a full case of need was developed for 
consideration by the Trust Board.  

The skill mix was 50% RN to 50% HCA on days and 60% RN to 40% HCA on nights 

New 
Investment 
Numbers  

5 

2 

3 

1 

5+2 Days 
3+1 Nights 

In January 2014, the Trust Board agreed to an investment of £4 Million into nursing.  The 
main aim was to address the skill mix concerns that had been raised through Keogh.  The 
new numbers and skill mix were agreed for all of our inpatient wards, including Newark and 
Mansfield Community Hospital.   

As part of the case for investment the ward sister was supervisory and not included within 
these numbers.   

This investment enables to Trust meet professional recommendations of 1 RN to < 8 
patients and a 70:30% RN:HCA skill mix.  Research and evidence suggests the higher 
number of registered nurses the greater positive impact on outcomes and mortality.  It is 
recommended that the maximum number of patients a RN should care for on night duty is 
12 patients.  Our current status and the business case proposal gives a ratio of 1 RN to 8 
patients.  This proposal meets the guidance as established by the Royal College of Nursing 
and the recent NICE Safe Staffing guidance.   

4

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 In order to ensure the recommendations for future staffing levels were accurate and evidence 
based, a number of approaches were used. These were:  

1. 
2. 
3. 

4. 

Professional Judgement.  
Telford model across surgical wards. 
Safer Nursing Care (Acuity and Dependency) Tool, formerly known as Association of 
UK University Hospitals Tool (AUKUH). 
National benchmarking toolkits. 

In formulating this future model for nurse staffing levels, consideration was given to a number 
of important factors, which included case mix, clinical service plans and the layout and 
geography of each of our wards. There are limited tools that assess ward layouts, but within 
the literature it is acknowledged that more staff are required as more side rooms are included 
within designs.  The 50% bay / side room design of our wards was been factored in within 
the professional judgement model. The case of need also reflected on the research 
undertaken across the Magnet hospitals. There are currently 389 Magnet accredited 
hospitals in the US. Magnet is a recognition programme that acknowledges excellence in 
nursing services. The framework is based around transformational leadership, structural 
empowerment, exemplary professional practice, new knowledge, innovation and 
improvements and empirical quality results.  

There is a growing body of research which indicates that Magnet hospitals have higher 
percentages of satisfied registered nurses, lower registered nurse turnover and vacancy, 
improved clinical outcomes and improved patient satisfaction. In more recent studies a lower 
(up to 14%) mortality rate has been noted. Researchers have identified that the better 
outcomes in Magnet Trusts could be attributable to investments in highly qualified and 
educated nurses, alongside practice environments that support the delivery of high quality 
care. Magnet Trusts also have higher staff retention and reduced rates of burn-out across 
nursing. 

The National Nursing Research Unit undertook a meta-analysis of 96 studies and found 
consistent evidence of an association registered nurse staffing levels and patient outcomes 
(2013). Many of the outcomes which will be positively influenced by an investment in nursing 
staff were highlighted in our case for investment.   

It was identified within the case for investment that it would take 3 years to move from a 
50/50 skill mix to the proposed 70:30 skill mix and the new numbers as described above.  
This is because an additional 100 Registered General Nurses (RGN’s) would be required to 
alter the skill mix.   

Current position  

We are currently in the second year of this change model.  Due to successful recruitment of 
RGN’s for our surgical wards, we are currently implementing the staffing model of 5+2 on 
days and 3+1 on nights.   

New 
Investment 
Numbers  

5 

2 

3 

1 

5+2 Days 
3+1 Nights 

This meets professional recommendations of 1 RN to < 8 patients and a 70:30% RN:HCA 

5

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 skill mix 

As this staffing model meets professional expectations the CQC (visit scheduled 16th June 
2015) are likely to commend us on moving towards these professional recommendations.   

Our medical wards have not been as successful with nurse recruitment.  This is a national 
problem but the Trust has developed and is currently driving a nurse recruitment strategy to 
recruit more Registered Nurses.  Our medical wards, including the ward in which Mrs Cox 
was cared for, are currently being maintained on the post Keogh numbers as described 
below.   

3 

Post Keogh / 
Quality 
Summit  

3 

3 

2 

3+3 Days  
3+2 Nights  

The skill mix is 50% RN to 50% HCA on days and 60% RN to 40% HCA on nights 

The medical wards will not move to the new proposal until the required registered nurses 
numbers (circa 100) have been recruited.  It is anticipated this may take a further 12 months. 

Requests for enhanced care and 1-1 support will continue to be supported when required.   
During this period of change the Trust Board and the Quality Committee continue to robustly 
monitor the staffing levels and the impact upon quality and safety.   

I hope the above provides assurance that the Trust does have the strategies to assess and 
address staffing based upon capacity, safety and workload. 

Yours sincerely 

Acting Chief Executive 

6

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