Prevention of Future Deaths reports · 2016

Sandra Brotherton

Regulation 28 report to prevent future deaths, reference 2016-0400, written 8 Dec 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report8 Dec 2016
Reference2016-0400
DeceasedSandra Brotherton
CoronerJoanne Kearsley
Coroner areaManchester South
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedPennine Care 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.

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

Pennine Care NHS Foundation Trust

CORONER

Tam Joanne Kearsley Acting Senior Coroner for Manchester South

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

INVESTIGATION and INQUEST

On the 30th November 2016 I concluded the Inquest into the death of Sandra
Brotherton date of birth 10.07.1954 who died on the 31.12.14 at her home
address in Bredbury Stockport.

The cause of death was 1a) Multiple Stab Wounds

I recorded that the deceased died on the 31% December 2014 at her home address.
She was killed by an individual who had a dual diagnosis of paranoid
schizophrenia and Aspergers. For several days the deceased had been in hospital
and the individual who had no insight into his illness at been at the home address
alone. It is probable that he had not been eating, sleeping or taking his
medication during this period of time and had experienced a breakthrough in his
symptoms. When the deceased arrived home he was exhibiting agitated and
disturbed behaviour and killed the deceased a few hours after she arrived home.

Conclusion — Unlawful Killing

CIRCUMSTANCES OF THE DEATH

The Inquest into the death of Sandra Brotherton was resumed following a
criminal trial in which the offender, had been sentenced to
a hospital order. There were matters of concern raised surrounding his
involvement with Mental Health Services.

had a dual diagnosis of Paranoid Schizophrenia and Aspergers Syndrome.
He had been sectioned many years ago for a short period of time but had
subsequently been cared for at the home address by Sandra Brotherton who was
predominantly his sole carer.
prompting to do many daily tasks including washing, dressing,

eating and taking his medication.

HE was described by several witnesses as someone who had residual
symptoms of his psychosis and lacked understanding and insight into his
condition. He never accepted that he was unwell

Sandra was the focus of | | aggressive behaviours and we heard evidence of
the arguments which might occur between them and o name calling of
over many years when he called her such things as “witch and satan”. Sandra as
the main carer and indeed main person in life who bore the brunt of his
behaviour and verbal aggression.

Package of Care in place for ll

The Court heard howl was under the care of mental health services. He

was treated with medication which was reviewed and until 2014 he was under

the care of the Community Mental Health Team, EIT. This was then

transferred to Recovery and Intervention Team (RIT). Under both services
had a care co-ordinator. Indeed the difference on a practical level for
was the change in his worker.

In addition had a Personal Assistant which was paid for through the Direct
payments scheme of the local authority who had been in place since 2006.

Contingency Plans

Given that Sandra was effectively the sole carer fo questions were asked
at the Inquest as to a contingency plan in place should Sandra not be in a position
to care for J At times the evidence on this was interlinked with the plan for
respite care but overall the contingency plans for were simply having
provided contact details for the Access and Crisis teams and the Home Treatment
team and believing that family were close and on hand to provide support.

Information Provided to PA and interaction with Mental Health Services

i confirmed it was not until afteiME death that he was aware of
d

iagnosis of Schizophrenia. His understanding was that Mental health
services were involved because off diagnosis of autism. was
clear that he received his instructions from Sandra. He had very little contact
with care co-ordinator although there were occasions when he would see
her. It was clear from the evidence that Mh was included in the care
plan for but as he stated in his evidence, “ he would not know if he was.”

The mental health team were not aware when a. would be on leave —
HE the RIT Team confirmed that she would have expected that the RIT
team were aware of when the PA was on leave and would have expected
increased visits by the care co-ordinator during this time also
accepted she could have increased her visits had she known the PA would be
away.

No

August 2014 and Incident on the 18"' September

The Court heard evidence of involvement with and Sandra throughout the
August and September of 2014. In August 2014 had received a
call indicating was unwell and she carried out an urgent home visit. She
indicated that she could see he was unwell, he was agitated, she stated though
that he was not delusional. At this stage she advised howl was on leave
and she spoke to another Dr who agreed to increase JJ) Olanzapine
medication. The Court also heard that during this time she tried to get an urgent

appointment with a Consultant Psychiatrist but this was not possible.

A month later the Court then heard evidence about the incident which occurred
on the 18" September.

Sandra told her daughter that lM had lashed out and hit her in the face. There
was also some evidence she also told her husband who was abroad but may not
have told him the full details.

We know that she told her sister that IMB had hit her, saying that
HE had tripped and had not meant to do it, she was convinced it was a one off.
Also told her sister | who felt that IMM had crossed a line and urged
Sandra to seek help. In addition she did tell EE that III had lashed
out at her but when asked, she said that she had reported it to MM care team.

Sandra did telephone Mental health services on the 18" September — at no stage
in any of the conversations did she say that Il had assaulted her. We know
that she did ring saying that he needed to be re-housed immediately.

in her evidence described “trying to make sense of the reasons
Sandra wanted Hiilout of the property” and recalled her being “vague”. She
recalled “it was almost as if Sandra just wanted him out of the house not that she
felt at risk”. Sandra was asked about risk and told ) who
documented the same that she did not feel at risk.

December 2014

Sandra was unwell over the Xmas period and had attended hospital on the 22-

23™ December. She then reattended and was admitted on the 28" December. At
no stage were Mental Health services aware of her admission. When she
returned home on the 31* December 2014 she was killed a short time later.

CORONER'S CONCERNS

The concerns noted by the Court during the course of the Inquest are as follows:

1) Knowing that Sandra was in effect a sole carer there should have been

a clearly discussed contingency plan fo in the event that there
was an emergency and Sandra was not able to provide care.

Where a Personal Assistant is integral to the Mental Health Service
Care plan there should have been a clear and documented record that
the care plan should be provided to them. If there is an objection to
confidential medical information being shared by the relevant person,
where there is no suggestion of a lack of capacity, this should be
recorded.

It was concerning that the Care Co-Ordinator who visited [A in
August 2014 was not able to obtain an urgent appointment with a
Consultant Psychiatrist (in what is a multi-disciplinary team) at a time
when she felt an urgent appointment for someone with a dual
diagnosis was required. Whilst his medication was increased at this
stage he was then not seen by a Consultant until October 2014

Having heard the evidence as to the events of September 2014 there is
no doubt that this was an unusual call to be made by Sandra. Not in
itself suggestive of an assault but suggestive of a potential issue
involving a Mental Health service user and it is for this reason that I
do find that there should have been an attempt to see or speak to

to see how he was, after there had been a
suggestion that he needed to leave his him immediately

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and I 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 2™! February 2017 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 sent a copy of my report to the Chief Coroner and to the following
Interested Persons namely, the family and legal representatives of the family
of Sandra Brotherton.

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.

08.12.2016

Joanne Kearsley Acting Senior 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 Pennine Care NHS Trust (PDF)
Pennine Care INHS

NHS Foundation Trust

| Corporate Govern ace

Trust Headquarters
225 Old Street
Ashton-Under-Lyne
rd Lancashire
23" February 2017 | OL6 rer |
PRIVATE & CONFIDENTIAL
Ms J Kearsley
Acting Senior Coroner Our Ref: KB/ELD
Manchester South Coroner’s Court Department: Trust Headquarters
1 Mount Tabor Street
Stockport
SK1 3AG

Dear Ms Kearsley,
Re: Sandra Brotherton (Deceased)

Thank you for your Regulation 28 report dated the 13° December 2016, and for
bringing to my attention the concerns you had after hearing all the evidence. Your
concerns relevant to Pennine Care have been reviewed, and the Trust's response is
outlined below. | | |

Concern 1:

. “Knowing that SB was in effect a sole carer there should have been a clearly
discussed contingency plan for DB in the event that there was an emergency
and SB was not able to provide care.”

Response:

The Trust records audit has been reviewed and amended. This has gone live within
services from week commencing 30.01.17. Question 26 of the audit asks if there are
detailed actions to take to manage/mitigate risk (e.g. triggers/crisis and risk
management plans). Question 26 also asks if a crisis management / contingency /
prevention plan is in place.

Care Coordinators within Stockport Community Services have been reminded that it
is their responsibility to develop contingency plans in collaboration with the identified
carer in the event of any emergency situation where they are unable to provide care,
such as the care being admitted to hospital. Care Coordinators will ensure this is
clearly documented in the service user's care plan.

To share the learning highlighted in your concern a 7 minute briefing has been
developed regarding contingency plans in the absence of the main carer and this

has been shared with all community based mental health teams in the Trust. The
briefing recommends that where a servicejuser’s care in' the community is reliant on
the support of a carer, a contingency plan ‘should be agreed and documented in the
care plan for when the main carer is not able to provide care. Community Team
Managers have delivered the briefing to teams, to reflect on the findings and
recommendations in the briefing, to discuss the retain for individual practitioners
practice and for the service or team. Hi gt have been asked to outline the
steps they will take to improve practice in line with the recommendation.

Recommendation.

To be discussed at the Tier 4 (Trust-Wide Strategic Group, which oversees
Community Mental Health Services) meeting to discuss adding guidance as an
addendum to current operational policy for each community based team.

Concern 2:

. “Where a Personal Assistant is integral to the Mental Health Service care plan
there should have been a clear and documented record that the care plan
should be provided to them. If there is an objection to confidential medical
information being shared by the relevant person, where there is no suggestion
of a lack of capacity, this should be recorded.”

Response:

Penhine Care NHS Foundation Trust Care/Programme Approach Policy was
updated in November 2016 to provide guidance on assessment and CPA care
planning to clarify responsibilities and requirements where there are carers funded
by direct payments.

The Trust records audit has been reviewed and amended and question 30 of the
audit asks if there is evidence carers/others know who to contact in a crisis, if there
is evidence of communication to other agencies involved in the care of the service
user, and that other agencies involved in the service user’s care have received a
copy of the plan. This has gone live within services from week commencing
30.01.17.

Care Coordinators within Stockport Community Services have been reminded that in
line with the CPA policy, version 12, where a Personal Assistant is in place with
individual service users, the Care Coordinator will assess the need to share
information with the PA based on risk. This must form part of the wellbeing care
plan.

To share the learning highlighted in this regulation a 7 minute briefing regarding the
involvement of a PA in care planning processes has been developed and has been
shared with all community based mental health teams in the Trust. The briefing
recommends that where a Personal Assistant is integral to the Mental Health Service

care plan there should be a clear and documented record that the care plan should
be provided to them and that if there is an objection to confidential medical
information being shared by the relevant person, where there is no suggestion of a
jack of capacity, this should be recorded. Teams haye also been advised to review
he updated CPA policy, which includes guidance where carers are funded by direct
payments. Community Team Managers have delivered the briefing to teams, to
reflect on the findings and recommendations in the briefing, to discuss the
implications fdr individual practitioners practice and for the service pr team. They are
fsa to outline the steps they will take to improve practice in line with
‘ecommendations.

Recommendation:

To be discussed at the Tier 4 meeting to discuss adding guidance as an addendum
to current operational policy for each community based team.

Concern 3:

" “It was concerning that the Care Coordinator who visited DB in August 2014
was not able to obtain an urgent appointment with a Consultant Psychiatrist (in
what is a multi-disciplinary team) at a time when she felt an urgent appointment
for someone with a dual diagnosis was required. Whilst his medication was
increased at this stage he was not seen by a Consultant until October 2014.”

Response:

Pennine Care NHS Foundation Trust Care Programme Approach Policy has been
ypdated in November 2016 to describe the role of he Consultant Psychiatrist with
regard to the CPA policy and care policy.

This will be discussed at the Tier 4 meeting where confirmation will be sought that
community teams have a process for responding to crisis calls.

Work around responding to crisis calls completed by Stockport Community Services
will feed into the Tier 4 meeting for other boroughs to develop similar guidance
locally. Confirmation will be sought that community teams in other boroughs have a
process for responding to crisis calls.

To share the learning highlighted in this regulation a 7 minute briefing regarding
response to crisis calls has been developed regarding crisis calls and has been
shared with all community based mental health teams in the Trust. The briefing
recommends that community teams need to have triggers for responding to crisis
calls and an escalation process in place. Community Team Managers have
delivered the briefing to teams, to reflect on the findings and recommendations in the
briefing, to discuss the implications for individual practitioners practice and for the
service or team. They have been asked to outline the steps they will take to improve
practice in line with the recommendation.

Recommendation:

To be discussed at the tier 4 meeting to discuss adding guidance a an addndum
to current operational policy for each community based team.

In order to provide you with further assurance that the Trust has reviewed all the
concerns | attach a copy of the action plan that was produced in relation to ispues
relevant to this lie case.

| hope this response assures you that the Trust takes seriously any concerns that
you raised.

Yours sincerely,

Michael McCourt
Chief Executive

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