Prevention of Future Deaths reports · 2016

Rohan Fitzsimons

Regulation 28 report to prevent future deaths, reference 2016-0288, written 7 Aug 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report7 Aug 2016
Reference2016-0288
DeceasedRohan Fitzsimons
CoronerPeter Harrowing
Coroner areaAvon
CategoryCommunity health care and emergency services related deaths
Organisation namedAvon and Wiltshire Mental Health Partnership NHS 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.

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. Bristol Clinical Commissioning Group
2. Avon & Wiltshire Mental Health Partnership NHS Trust

3. father of the Deceased
4. Care Quality Commission
5. Chief Coroner

CORONER

| am Dr. Peter Harrowing, LLM, Assistant Coroner, for the coroner Area of Avon

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.

INVESTIGATION and INQUEST

On 8th December 2015 | commenced an investigation into the death of Mr. Rohan
Fitzsimons age 21 years. The investigation concluded at the end of the inquest on 20th
July 2016. The conclusion of the jury was that the medical cause of death was

\(a) Multiple Injuries and the conclusion as to the death was that of Suicide.

CIRCUMSTANCES OF THE DEATH

From around July 2014 concems were raised with regard to the behaviour of the
Deceased and in October 2014 he was admitted to hospital in Hertfordshire under S.2
Mental Health Act 1983. On 7th March 2015 he was again admitted to hospital in
Hertfordshire under S.2 Mental Health Act 1983 and at that time a diagnosis of
drug-induced psychosis was made.

Following discharge from hospital on 1st April 2015 he was referred to the Bristol Crisis
Team to support his transition from the ward to his home in Bristol. He was later
transferred to the care of the Early Intervention Team. He was accepting of medication
and agreed to the input of a support worker. However, towards the end of April 2015 he
began missing appointments with the community team. His family became concerned
with regard to his obtaining accommodation and his finances. In July 2015 his family
thought he had stopped taking his medication and was displaying paranoid behaviour.
When they were unable to contact him they reported him as a missing person. The
community team saw him the following day and he was noted to be unwell, dishevelled,
describing delusional ideas and neglecting himself. -

Engagement with the community team over the following few weeks was sporadic and
there was evidence the Deceased’s mental state was continuing to decline. In October
2015 it was discovered he had caused significant damage to his property and was facing
eviction.

On 18th October 2015 the Deceased was assessed by the Crisis Team due to concerns
over his mental state. The following day, the 19th October 2015, he was seen by the
registered mental health nurse from the Early Intervention Team together with a
consultant psychiatrist as a result of which it was determined he met the criteria for a
Mental Health Act Assessment. This was discussed with the Approved Mental Health
practitioner who advised there were no beds available. The Inquest heard evidence that
since there was no bed available the Mental Health Act Assessment was not carried out
and that is was usual practice not to carry out such an assessment unless and until a bed
was available.

On 23rd October 2015 a bed had become available and the Deceased underwent a
Mental Health Act Assessment and was detained under S.2 of the Act on the Silver Birch

Unit, Callington Road Hospital. The Deceased was diagnosed with schizophrenia and
was prescribed antipsychotic medication. Whilst on the Silver Birch Unit concerns were
raised that the Deceased may not have been taking his medication and he displayed
violent and aggressive behaviour. Owing to this behaviour it was necessary to transfer
him to the Hazel Unit and intensive care facility at Callington Road Hospital. He was
transferred back to the Silver Birch Unit on 9th November 2015. Prior to the expiry of the
S.2 period of detention the Deceased was further detained under S.3 of the Act.

Following his return to the Silver Birch Unit the Deceased became more settled and he
was granted leave in accordance with S.17 Mental Health Act 1983 on a staged basis.
The leave periods progressed well until he was allowed unescorted community leave
twice daily for one hour.

On 23rd November 2015 the Deceased was late returning from leave. However, he
attended a Police station in Bristol and contacted the Silver Birch Unit to advise them he
would be late. No concerns were raised with regard to this late return and on 24th
November 2014 it was agreed he could have unescorted leave twice daily for a period of
two hours on each occasion. All of the staff from the Silver Birch Unit who gave evidence
stated that throughout his time at the hospital the Deceased had never indicated he had
thoughts of self-harm or an intention to take-his own life.

On 25th November 2015 he was signed out from the Unit at around 11:00 a.m. for his two
hour period of unescorted leave. At around 15:00 hours the Police telephoned the Unit to
advise that the Deceased had been seen to jump from the Clifton Suspension Bridge at
around 12:30 hours and had been fatally injured. The Deceased was pronounced dead at
14:42 hours on 25th November 2015 at The Portway, Bristol

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) The Avon & Wiltshire Mental Health Partnership NHS Trust (AWP) told the Inquest
that the provision of in-patient beds is subject to the funding provided by the Bristol
Clinical Commissioning Group (CCG).

(2) The Inquest heard evidence that no Mental Health Act Assessment was carried out
on the Deceased when it was determined to be necessary because no bed was
available and that this was a situation which commonly occurred.

(3) Inthe case of the Deceased the assessment was not performed until four days after it
was deemed necessary and was only carried out once a bed was available. Whilst
the Inquest did not hear evidence to indicate that the delay in carrying out the Mental
Health Act Assessment contributed to the Deceased taking his own life it must follow
that in some circumstances such a delay could lead to an individual taking their own
life before the assessment was performed and a bed was made available.

(4) The CCG should review urgently its commissioning of in-patient mental health beds
so as to ensure, in so far as reasonably practicable, that a bed is available when a
person who satisfies the criteria for a Mental Health Act Assessment needs to be
detained following that assessment.

The CCG should work with AWP in carrying out this review and determine what action can
and should be taken when a person who satisfies the criteria for a Mental Health Act
Assessment needs to be detained following that assessment but no bed is available. Ifa
person meets the criteria for a Mental Health Act Assessment such an assessment should
be carried out promptly and not be delayed for an indeterminate period owing to a lack of
beds.

ACTION SHOULD BE TAKEN

1 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 3rd October 2016. |, 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 a father of the deceased, Avon &
Wiltshire Mental Health Partnership NHS Trust and the Care Quality Commission.

| shall send a copy of your response to fhe of the deceased,
Avon & Wiltshire Mental Health Partnership NHS Trust and the Care Quality Commission.

| have sent a copy of my report to the Chief Coroner.

| 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.

7th August 2016 Assistant 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 Avon and Wiltshire NHS Trust (PDF)
Avon and Wiltshire NHS

Mental Health Partnership NHS Trust

Peter Harrowing Chief Executive’s Office
Assistant Coroner Jenner House
The Coroner's Court ; Langley Park
The Courthouse . Chippenham
Old Weston Road Wiltshire
Flax Bourton SN15 1GG
BS48 1UL Tel:(01249) 468023

06 October 2016

Dear Dr Harrowing

| am writing in response to the Prevention of Future Death report you issued to this Trust
following the inquest into the death of Rohan Fitzsimons. The work to respond to the

improvements you have required is being led by ercanrcat Associate Director of Nursing
(Inpatient and Community) a Associate Director for Statutory Delivery.

The Trust remains committed to the Principle of Recovery and the role positive risk taking has
in risk assessment and care planning, as highlighted in the Department of Health Best Practice

on Risk Assessment in Mental Health Services; however it recognises the need for explicit
guidance for clinical staff.

The joint protocol for the Management of Missing Persons and Absent Without Leave has been
extensively reviewed internally by the Trust. We have identified proposals to simplify this
document and to clarify the decision making pathways in relation to people deemed to be at
low or medium risk who fail to return from leave at the specified time, to ensure that the
procedures are flexible and decisions are based on proportionate responses to each
individual’s needs and risks.

It is also vital that these revised procedures are practicable both for AWP staff and for the
Police, as these are jointly agreed multi-agency procedures. We therefore will be consulting
with key inpatient clinicians and the Police Liaison officers for Avon & Somerset and Wiltshire
forces this month on the proposed changes to the joint protocol, with the intention to ratify
agreed changes by the beginning of November 2016.

The existing policy will remain in place until this work is complete, to ensure the continued
collaboration with the local police forces is maintained during this period. Once ratified, we will
ensure that the revised joint protocol for the Management of Missing Persons and Absent
without Leave is disseminated and understood by ward based staff via a training programme
delivered by ward managers.

In relation to the Section 17 procedure, this has been amended to be explicit that a Mental
State examination must be undertaken by a registered practitioner, and that leave must be
Continued...

Acting Chair Trust Headquarters Chief Executive
a Jenner House, Langley Park, Chippenham, SN15 1GG Hayley Richards

‘We are a teaching, learning and research trust; we aim to inform you about relevant opportunities,
unless you tell us otherwise.’

authorised by that individual prior to the commencement of any leave. Additionally, a standard
template to record this information has been developed, and forms part of the amended
procedure.

The revised procedure and standard template was subject to consultation with key inpatient
staff to ensure that the proposals were considered practical for use by front line staff, and was
ratified by the Trust Director of Nursing and Quality. The revised procedure is being currently
disseminated to staff through Trust Modern Matrons and Ward Managers.

It is also recognised that merely having amended procedures in place and ensuring staff are
informed and trained in the use of the procedures, does not in itself ensure that the changes in
practice set out in the procedures are consistently applied in all inpatient wards in the Trust.

Therefore, to provide the necessary assurance that practice is safe and consistently applied to
the standards set out in the amended procedures, a regular audit of practice will be undertaken
in relation to review of risks for patients who return late from s17 Leave, and of checks and
authorisation prior to episodes of leave by registered nurses will be undertaken every Quarter
2016/2017.

In addition continuing compliance with key MHA related standards, including those for s17
Leave, will be subject to on-going dip sampling audit and feedback by a restructured Trust
Mental Health Act Administration team as part of the MHA audit schedule for all wards that will
be introduced in 2017/2018 to providing on-going assurance.

If you require further information, please do not hesitate to let me know.

Yours sincerely

Dr Hayley Richards MRCGP, MRCPsych
Chief Executive
Avon and Wiltshire Mental Health Partnership NHS Trust

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