Prevention of Future Deaths reports · 2016

Arthur Adley

Regulation 28 report to prevent future deaths, reference 2016-0358, written 13 Sep 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report13 Sep 2016
Reference2016-0358
DeceasedArthur Adley
CoronerAndrew Walker
Coroner areaLondon (North)
CategoryHospital Death (Clinical Procedures and medical management) 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.

Her Majesty’s Coroner for the 
Northern District of Greater London 
(Harrow, Brent, Barnet, Haringey and Enfield)  

North London Coroners Court, 
29 Wood Street, 
Barnet EN5 4BE 

Telephone 0208 447 7680 
Fax            0208 447 7689 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

Department of Health  
Richmond House  
79 Whitehall 
London 
SW1A 2NS 

1 

CORONER 

I am Andrew Walker, senior coroner, for the coroner area of Northern District of Greater 
London 

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. 

3 

INVESTIGATION and INQUEST 

On the 9th day of April 2016 I opened an investigation into the death of Arthur Thomas 
Adley  , aged 92 years old.  I opened an inquest on the 22nd day of April 2016. The 
inquest concluded on the 13th September 2016. The conclusion of the inquest was 
“Consequences of a fall”, the medical case of death was 1a Cardio respiratory failure, 1 
(b) blunt force trauma to the head and neck and associated complications. 

4 

CIRCUMSTANCES OF THE DEATH 

On the 8th April 2016  at about 7.30 Arthur Thomas Adley, who was a resident at 
Candle Court Nursing Home, was pushed by another resident and caused to fall 
striking his face and head on a table as he fell. 

The resident who had pushed Mr Adley was regularly assessed with regard to his 
suitability to remain at Candle Court Nursing Home. 

Steps were taken to protect other residents and the resident who had pushed Mr 
Adley by ensuring that there were no obstacles in that resident’s way.  

On this occasion the member of staff looking after Mr Adley in the lounge at the 
nursing home was aware that the resident who was likely to push other residents 
was leaving the lounge but had left Mr Adley for a moment. In that moment the 
resident approached Mr Adley and pushed him over.  

This incident happened at 7.30 in the morning. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Her Majesty’s Coroner for the 
Northern District of Greater London 
(Harrow, Brent, Barnet, Haringey and Enfield)  

Mr Adley was taken to hospital where he died the same day.   

There were 10 incidents over 3 years where the resident who pushed Mr Adley 
touched other residents in a way that may have resulted in a fall and on some 
occasions did result in the resident being pushed and falling causing injury. 

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.  –  

That the systems for safeguarding for residents who present a risk to other 
residents when placed in care homes did not prevent that risk to other residents.  

6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you 
[AND/OR your organisation] 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 Thursday 8th December 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;- 

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. 

9 

13th September 2016

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 Department of Health (PDF)
Philip Dunne MP
Minister of State for Health

Department
of Health
Richmond House
79 Whitehall
London
SW1A 2NS
Andrew Walker

. Lo. Tel: 020 7210 4850
Senior Coroner — Northern District of Greater London

North London Coroner Court
29 Wood Street

Barnet

ENS 4BE

[hee he Othe

Thank you for your report to Secretary of State. | am responding as the Minister with
responsibility for quality and regulation policy at the Department of Health.

\8 November 2016

I was sorry to read of the very sad circumstances surrounding Mr Adley’s death,
please pass my condolences to his family and loved ones.

The CQC is the independent regulator of health and adult social care providers in
England. I have, therefore, sent your report to the Care Quality Commission (CQC) as
the body with oversight in the case.

Under the Health and Social Care Act 2008 (the 2008 Act) all providers of regulated
activities have to register with CQC and follow a set of fundamental standards of
safety and quality below which care should never fall. The fundamental standards
describe the basic requirements that providers should always meet, and outline the
outcomes that services users should always expect. The CQC inspect the providers
against these fundamental standards and their inspections ask every provider are they
safe, effective, caring, well led and responsive to people’s needs.

One of the fundamental standards relates to safeguarding service users from abuse and
improper treatment. This regulation requires providers to establish systems and
processes and operate them effectively to prevent abuse of service users and to
investigate immediately if the provider becomes aware of any allegation or evidence
of abuse.

The CQC has published guidance to providers on how to meet the regulations and
under ‘Safeguarding service users from abuse and improper treatment’. In regulation

13, the CQC advises that providers must do all that is reasonably practical to mitigate
risks. They should follow good practice guidance and must adopt control measures to
make sure the risk is as low as is reasonably possible. They should review methods
and measures and amend them to address changing practice. The full regulation can be
found on the CQC website at http://www.cqc.org.uk/content/regulations-service-

providers-and-managers

Thank you for bringing the circumstances of Mr Adley’s death to our attention.

Hor sone

i

PHILIP DUNNE

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