Prevention of Future Deaths reports · 2016

Lee Rigby

Regulation 28 report to prevent future deaths, reference 2016-0011, written 14 Jan 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report14 Jan 2016
Reference2016-0011
DeceasedLee Rigby
CoronerAlan Walsh
Coroner areaManchester (West)
CategoryCommunity health care and emergency services related deaths
Organisation namedBridgewater Community Healthcare NHS Foundation Trust
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.

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 Tim Cooper, Chief Executive, United Response, Highland House, 165
Broadway, Wimbledon, SW19 1NE

CORONER

Tam Alan Peter Walsh, Area Coroner, for the Coroner Area of Manchester West.
CORONER'S LEGAL POWERS

I make this report under paragraph 7, Schedule 5, of the Coroners and Justice
a 2008 and regulations 28 and 29 of the Coroners (Investigations) Regulations

INVESTIGATION and INQUEST

On 13" October 2015 I commenced an Investigation into the death of Lee
Joseph Rigby, 45 years, born 7" Apri! 1970. The Investigation concluded at the
end of the Inquest on 22™ December 2015.

The medical cause of death was 1a) Bronchopneumonia, ib) Global brain injury,
1c) Cardiac arrest following choking episode.

The conclusion of the Inquest was Accident.
CIRCUMSTANCES OF THE DEATH

1. Lee Joseph Rigby died at Royal Albert Edward Infirmary, Wigan on the
7" October 2015.

. Mr Rigby suffered with diagnosed Parkinsonism and he had known and
recorded swallowing difficulties.

. Mr Rigby had resided at! since 2009. The
property at is a bungalow with three

bedrooms and is used as a residence for two residents with support staff
giving twenty four hour support and one of the bedrooms is used for
support staff that stay overnight. The premises have a living room,
kitchen, a disabled shower room and a disabled toilet, in addition to the
three bedrooms, and the home is designed specifically for wheelchair
users.

Support staff is provided by United Response, a registered charity, who
provide twenty four support for adults with learning

disabilities and mental health issues.

. Mr Rigby had learning disabilities, physical disabilities, behavioural
problems, speech and communication problems and he was confined to
a wheelchair. He had a tendency not to fully chew his food and he was
described as a “lazy eater in that if he got fed up of chewing his food
then he would swallow the food whole”.

Recommendations were put in place by the Complex Care Team,
including a Speech and Language Therapist, from the Bridgewater
Community Healthcare NHS Foundation Trust.

A Health Action Plan and Management Guidelines were prepared by the
Trust and reviewed on an annual basis by the Trust and the most recent
Guidelines dated the 29" June 2015 provided that support staff should
observe Mr Rigby at all times whilst he was eating and drinking to look
out for possible signs of difficulty, including storing food and drink in the
mouth and choking.

. The evidence at the Inquest was that the staffing level provided by
United Response at EEN was two support staff
between 9am and 8pm each day and one support staff between 8pm
and 9am overnight. The evidence was that between 9am and 8pm each
day one of the support staff may leave the premises for a short time but
two support staff should always be present at important times during
those hours, which would include meal times. There was a changeover
of staff at 12 noon each day in that one support worker would leave the
premises at 12 noon at the end of her shift and a new support worker
would start a shift at 12 noon but it was expected that the new support
worker would arrive at the premises before the other support worker left
the premises.

Members of the support staff did not have a set of keys to the premises
and there was no key safe provision outside the premises to allow access
to a key for a support worker to gain entry to the premises. Accordingly
a support worker would have to answer the door to allow access by
another support worker at the start of a shift and at any other time. At
such times the support worker answering the door may be the only
support worker in the premises.

. On the 7" October 2015 a support worker left the premises at or about
12 noon at the end of her shift before the replacement support worker
had arrived at the premises, leaving one support worker on her own in
the premises.

After the support worker had left the premises and before the
replacement support worker had arrived at the premises the remaining
sole support worker served Mr Rigby with a sausage roll, which was cut
up into small pieces, for lunch. At that time one resident was in the
living area and Mr Rigby was sat at the breakfast bar in the kitchen with
the sausage roll in front of him.

Mr Rigby would either use cutlery to eat the sausage roll or he was
known to grab food by hand to place the food into his mouth.

As Mr Rigby began eating the sausage roll the doorbell to the premises
rang and the sole support worker in the premises went to the door to
answer the doorbell leaving Mr Rigby alone in the kitchen whilst eating
the sausage roll. The replacement support worker was at the door and
she was allowed access to the premises by the sole support worker. At
or about the same time Mr Rigby, who had been left alone at the
breakfast bar in the kitchen, was heard to gag and he was then seen to
throw his arms in the air. The support staff realised that Mr Rigby was
choking and actions were taken to relieve the choking and the
emergency services were called.

The emergency services attended within minutes and Mr Rigby was
taken to the Royal Albert Edward Infirmary in Wigan where he died a
short time after arrival at the Hospital.

RONER’S CONCE

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. During the Inquest evidence was heard that

i. The support workers do not have keys to the premises at Ii
fm so that in circumstances where there was
only one support worker in the premises that support worker
would have to answer the door to allow another support worker
entry to the premises. In those circumstances a resident
requiring visual monitoring or observation would be left alone
and unobserved.

Evidence was heard during the course of the Inquest that one of
the two support workers could leave the premises during the
course of the day so that access to the premises would be
required by a support worker either at the commencement of her
shift or whenever the support worker left the premises at times
when there would only be one support worker in the premises.

It was accepted that if every support worker had a key to the
premises the sole support worker in the premises would not have
to be disturbed to answer the door and a resident, like Mr Rigby,
would not be left unattended at meal times, when Mr Rigby had
to be observed at all times, and at any other times whenever he
was eating and drinking.

Evidence was heard from the support staff that they did not fully
understand that monitoring and observing Mr Rigby at ail times

when he was eating and drinking meant that they should visually
observe him at those times.

Evidence was also given by members of the support staff that if
the telephone rang and there was a need to discuss a resident or
something of a private and confidential nature a support worker,
who may be the only support worker in the premises at the time,
would go into another room to talk in a private and confidential
manner, leaving a resident alone and unobserved during the
course of the telephone conversation.

The support staff did not understand the significance of the
words used in the Health Action Plan and Management Guidelines
that Mr Rigby should be observed at all times whilst he was
eating and drinking and they did not fully understand the
significance of observing him in relation to the risks identified in
the Plan and Guidelines.

The internal training and procedures provided by United
Response to the support staff and the procedures in place to
address the risks identified by the Health Action Plan and
Management Guidelines did not address the risks identified by
the Plan and the Guidelines, particularly in relation to a clear
understanding by the support staff with regard to observing a
resident.

The evidence raised concerns that there is a risk that future
deaths will occur unless action is taken to review the above
issues.

2. I request you to consider the above concerns and to carry out a review
with regard to the following:-

i. The provision of keys to each member of the support staff at ||
a 2. any other premises operated by

United Response to allow support staff access to premises
without disturbing other support workers working in the
premises.

The adequacy of support staff in premises, in terms of numbers
and experience, to satisfy the requirements of Care Plans or
Health Action Plans and Management Guidelines, which highlight
the risks to be addressed by support staff and United Response.

A review of all procedures operated by United Response in
relation to risks identified by Care Plans or Health Action Plans
and Management Guidelines.

The training of all staff employed by United Response with
particular focus on the understanding of staff in relation to the
risks and procedures identified by Care Plans and Health Action
Plans and Management Guidelines so that there is no

misunderstanding with regard to the provisions of such Plans and
Guidelines and the actions to be taken by support workers.

ACTION SHOULD BE TAKEN

In my opinion urgent action should be taken to prevent future deaths and I
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 10" March 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.
8 | COPIES and PUBLICATION
I have sent a copy of my report to the Chief Coroner and to the following
Interested Persons

1 a 1 Rigty's sister

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.

Dated Signed

14" January 2016 Alan P Walsh

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