Prevention of Future Deaths reports · 2016

Danny Sweet

Regulation 28 report to prevent future deaths, reference 2016 – 0275, written 29 Jul 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report29 Jul 2016
Reference2016 – 0275
DeceasedDanny Sweet
CoronerAndrew Cox
Coroner areaCornwall and the Isles of Scilly
CategoryHospital Death (Clinical Procedures and medical management) related deaths
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. Mr P Confue, Chief Executive Cornwall Partnership Foundation Trust,
Fairview House, Corporation Road, Bodmin, Cornwall PL31 1FB.

1 | CORONER

| am Andrew Cox, Her Majesty's Assistant Coroner for the coroner area of Cornwall and
the Isles of Scilly.

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 4 November 2015, an inquest was commenced into the death of Danny Sweet. The
inquest concluded at a hearing on 21 July 2016. The medical cause of death was found
to be:

la Fulminant hepatic failure;
Ib Paracetamol overdose.

Il returned an open conclusion. While | felt it was highly likely that Mr Sweet had taken
his own life and intended to do so, | could not be sure of this.

CIRCUMSTANCES OF THE DEATH
Mr Sweet had a long history of mental health issues extending back nearly 20 years.

On 15 September 2015 he was seen in the Emergency Department at Royal Cornwall
Hospital Truro following a suspected overdose. He was seen by an Consultant
Psychiatrist, who considered whether Mr Sweet should have a Mental Health Act
assessment.

HE oncludea that there were no grounds to detain Mr Sweet compulsorily. He
considered whether a voluntary admission was appropriate, but instead chose to refer Mr
Sweet to the Home Treatment Team.

Mr Sweet was seen the next day by the Home Treatment Team and I heard evidence
from HEE who saw Mr Sweet with a colleague.

Notwithstanding the Consultant's misgivings the day before, EE found Mr Sweet to
be much improved. He felt there was no need for involvement by the HTT and elected to
refer Mr Sweet to the Community Mental Health team.

Mr Sweet was subsequently seen b' on 16 even ' is to say, one
month after the assessment by Mr Sweet told he was much
improved and did not need any input from CMHT. Accordingly EEE discharged
him from the caseload.

Subsequently, Mr Sweet told an out of hours worker that he had nisled and
that, in fact, his true condition was worse than he had led her to believe. A duty worker
subsequently contacted Mr Sweet who, yet again, gave a contrary indication and said
that he did not require any assistance.

On 23 October (one week after discharge from the CMHT workload) Mr Sweet took a
staggered overdose of paracetamol and died the next day in Treliske hospital.

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:

Mr Sweet presented in equivocal and contradictory fashion. Accordingly, he was very
difficult to assess and it was equally difficult for clinicians to form a view of the likely risk
he posed to himself.

| was concerned, however, that the very day after a Consultant Psychiatrist contemplated
informal admission into hospital, a nurse from the HTT felt able to refer Mr Sweet to the
Community Mental Health team where he was not seen for a month.

| wondered if it may be appropriate to reflect on how to deal with patients who present in
an inconsistent manner. In particular, | questioned whether it was appropriate simply to
presume the best case scenario.

| was further concerned whether or not it was appropriate for a check to be built into the
assessment process to ensure consistency in treatment decisions. There appeared to
be obvious inconsistencies first in the concern offfland the decision the very next
day to discharge Mr Sweet from the caseload of the HTT and secondly, in the decision of
ao refer to CMHT yet EEE discharging Mr Sweet from caseload after a
first assessment.

Mr Sweet's case raises a more general issue namely, how the Trust deals with patients
(within the confines of the Law as currently drawn) who appear to have capacity and yet
decline treatment/care even where family/friends state their condition is deteriorating.

| recognise this is a difficult issue. | wonder, however, whether in such situations,
clinicians should record in the notes and records their concerns that patients have
capacity and yet may go on to self-harm. Furthermore, | feel it may be worth reviewing if
clinicians should share those concerns with family/friends who try and bring to attention
the patient’s deteriorating condition. | recognise there will be an obvious need to respect
the rules on confidentiality.

| raise also whether there should be training to ensure that the entrigs ji tes and
records are consistent. By way of illustration, where| and ian ccics to
discharge Mr Sweet from their respective caseloads, they should justify those decisions
in light of s earlier concern that Mr Sweet may need an informal admission into
hospital.

incomplete. In particular, neither nor had been formally interviewed as
part of the review process. You may feel that there would be merit in getting the
respective clinicians from the relevant departments (Hospital Liaison, HTT and CMHT)
together to see if there are any lessons to be learned.

A final matter that came out of the —_ was that the Serious Incident Report was _

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.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 23 September 2016. 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.

COPIES and PUBLICATION

Ihave s f my re jef Coroner and to the following Interested
Persons ind to Solicitor Cornwall Partnership Foundation
Trust.

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

[DATE] 2904 {Ib [SIGNED BY CORONER] FP. Klas WW

29 July 2016 AJ COX

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 Cornwall NHS Trust (PDF)
Chief Executive’s Office 
Fairview House 
Corporation Road 
Bodmin 
Cornwall 
PL31 1FB 

Tel:  01208 834613 
Fax: 01208 269645 

23rd September 2016 

Mr Andrew J Cox 
Assistant Coroner for Cornwall and the Isles of Scilly 

By Email only  

cornwallcoroner@cornwall.gov.uk 

Dear Mr Cox 

Regulation 28 Report to Prevent Future Deaths 

I  refer  to  your  Regulation  28  Report  following  the  inquest  of  Danny  Sweet.    As  an  organisation  our 
vision  is  “Delivering  high  quality  care”  and  therefore  we  welcome  the  opportunity  to  reflect  not  only 
your concerns but also the evidence given by 
 during the course of the inquest.  We have 
given careful consideration to your report and our response.  We view this as a positive opportunity for 
the Trust to ensure there is learning. 

We have tried to respond to each matter of concern as outlined in your report and detail the action to 
be taken. 

• 

Is it appropriate to reflect on how to deal with patients who present in an inconsistent manner? 
Is it appropriate to presume the best case scenario?  

We agree that it is appropriate to reflect on how to deal with patients who present in an inconsistent 
manner.  It is not appropriate to presume the best case scenario and clinical staff are trained to use 
structured risk assessments.  However we propose to launch a review into the 
clinical  risk  assessment  of  people  who  present  with  suicidal  thoughts  or  acts 
across  each  of  our  services  and  in  particular  the  Trust’s  use  of  the  STORM 

We are a research active trust, to get involved in a research project, please email cpn-tr.CFTresearch@nhs.net 

For information on mental health medication visit choiceandmedication.org/cornwall 

Chair: Barbara Vann      Chief Executive: Phillip Confue 
Head Office: Fairview House, Corporation Road, Bodmin, Cornwall, PL31 1FB.  
Tel: 01208 834600      Email: cpn-tr.enquiries@nhs.net 

cornwallfoundationtrust.nhs.uk 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 risk  assessment  as  wider  learning  across the  Trust.   We  hope to  have  completed  the review  by  the 
end of February 2017.  

• 

Is it appropriate for a check to be built into the assessment process to ensure consistency in 
treatment decisions  

It  is  impossible  to  ensure  consistency  in  treatment  decisions  because  assessments  are  “of  the 
moment”  and  there  has  to  be  flexibility  for  clinicians  as  situations  can  change.    However,  the  Trust 
does  recognise  that  there  does  need  to  be  a  clearly  defined  pathway  decided  at  the  initial 
presentation.  The action that will be taken is that there will be a Learning from Experience meeting.  
We will ensure that clinical staff, across all services involved in the care of Mr Sweet, participate in the 
meeting.  The meeting will be overseen by 
 Inpatient Clinical Director and Consultant in 
Rehabilitation  Psychiatry.    One  of  the  purposes  of  the  meeting  will  be  to  consider  developing  the 
pathway. 

•  How the Trust deals with patients who appear to have capacity and yet decline treatment/care 

where family/friends state their condition is deteriorating. 

The  Mental  Health  Act  provides  the  legal  framework  to  deal  with  patients  who  have  capacity  yet 
decline treatment.  In light of your report and Mrs Sweet’s witness statement the Trust acknowledges 
the  need  for  staff  to  engage  with  family  and  friends  in  receiving  information  from  them  as  well  as 
building  on  the  work  undertaken  by  the  Trust  around  the  “triangle  of  care.”    The  aim  would  be  to 
ensure  that  not  only  are  family  and  friends  supported  but  also  informed  about  services  and  mental 
health and involved in the care provided.  We recognise the importance of staff engaging with friends 
and family in their assessments and on-going care.  It will be a further purpose of the Learning from 
Experience Meeting to consider ways of doing this. 

•  Should clinicians record in the records their concerns that patients have capacity and yet may 
go on to self-harm?  It may be worth reviewing if clinicians should share those concerns with 
family/friends who try and bring to attention the patient’s deteriorating condition. 

•  Should there be training to ensure that the entries in the notes and records are consistent. 

The Trust does provide training to staff in relation to record keeping and the importance of recording 
the rationale for decisions.  We are already enhancing the record keeping of staff by implementing the 
“SBAR”  (Situation,  Background,  Assessment,  Recommendation)  tool  as  standard  in  record  keeping.  
This has been introduced to staff on our psychiatric inpatient wards and we will continue to filter this 
through  across  all  services.   We  are  therefore  making  efforts  and  taking  action  to  introduce  a  more 
structured format to our records.  This action is on-going. 

•  The Trust’s Serious Incident report is incomplete. 

The Trust acknowledges that the Serious Incident Report is incomplete.  There are learning points for 
the  Trust  in  relation  to  Serious  Incident  Investigations  and  the  Trust’s  Director  of  Quality  and 
Governance/Executive Nurse, 
will take this forward.  We will ensure that in the future all 
key  clinicians,  within  the  Terms  of  Reference,  are  involved  in  future  investigations.    We  have  also 
identified  the  importance  of  providing  feedback  to  staff  interviewed  for  the  purposes  of  the 
investigation.    

Page 2 

 
 
 
 
 
 
 
 
 
 
  
 
 
 In summary there will be action taken by the Trust by way of a Learning from Experience Meeting to 
consider ways of developing a pathway; how to engage friends and family and to allow a further period 
of  reflection.    It  is  expected  that  an  action  plan  will  be  developed  at  the  Learning  from  Experience 
meeting.  There  will  also  be  a  review  of  the  clinical  risk  assessments  of  people  who  present  with 
suicidal  thoughts  or  acts  by  the  end  of  February  2017  and  we  will  review  the  Trust’s  Serious 
Investigation process.  

The  Trust  is  truly  saddened  by  the  death  of  Mr  Sweet  and  wish  to  extend  our  condolences  to  his 
family. 

Yours sincerely 

Phil Confue 
Chief Executive 

Page 3

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