Prevention of Future Deaths reports · 2017

Lee Swain

Regulation 28 report to prevent future deaths, reference 2017-0196, written 16 Jun 2017. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report16 Jun 2017
Reference2017-0196
DeceasedLee Swain
CoronerAnita Bhardwaj
Coroner areaLiverpool and Wirral
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedMersey Care NHS Foundation Trust · Cheshire and Wirral Partnership NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text extracted from the PDF text layer. 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.  Joe Rafferty – Chief Executive 

Mersey Care NHS Foundation Trust, V7 Building, Kings Business Park, 
Prescot, Liverpool, L34 1PJ 

2. 

 – Senior Manager 

Cheshire Wirral Partnership, Countess of Chester Hospital NHS Trust, 
Countess of Chester Health Park, Liverpool Road, Chester, CH2 1UL  

1 

CORONER 

I am Anita Bhardwaj, Area Coroner, for the area of Liverpool & Wirral 

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 07/12/2016 I commenced an investigation into the death of Lee Joseph HASTINGS 
SWAIN, Aged 28. The investigation concluded at the end of the inquest on 16/06/2017.  

The medical cause of death was: 
Ia Hanging                                                                     

The conclusion of the inquest was:  

Lee Joseph Hastings Swain took his own life whilst the balance of his mind was 
disturbed. 

4 

Lee  Joseph  Hastings-Swain  was  a  28  year  old  gentleman  who  suffered  from 
Schizoaffective  disorder  and  had  been  diagnosed  with  psychosis  approximately  10-12 
years  ago  for  which  he  was  prescribed  Olanzapine  and  had  received  depot  injections 
over  the  years.  Lee  was  under  Sefton  mental  health  team  (Mersey  Care  NHS  Trust 
Foundation)  and  more  recently  Wirral  Mental  Health  Team  (Cheshire  and  Wirral 
Partnership NHS Trust). On 30 November 2016 Lee was found deceased hanging from 
the  bannister  at  his  home  using  a  bed  sheet.  On  the  bed  Lee  had  left  an  undated 
handwritten  note  suggestive  of  the  fact  he  was  suffering  from  severe  emotional 
difficulties.  Toxicology  analysis  showed  nothing  of  significance  which  caused  or 
contributed to Lee’s death. It is unclear as to what Lee’s intentions were when carrying 
out  the  act  of  self-harm  but  it  is  clear  that  he  was  suffering  from mental  health  related 
symptoms and so his mind was disturbed. Lee had been under the care of Mersey Care 
NHS foundation since July 2005. During the years Lee’s engagement was sporadic and 
he  was  placed  on  a  Care  Programme  Approach(CPA),  however  subsequently  he  was 
taken  off  the  programme  on  the  basis  of  other  clinical  regular  appointments.  In  March 
2016  Lee  moved  to  Wirral  and  Mersey  Care  discharged  Lee  from  their  services  and 
referred him to Cheshire Wirral Partnership (CWP) via the General Practitioner (GP). In 
May 2016 The Wirral GP referred Lee to the CWP who failed to make contact with Lee 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                            
 
 
 
 
 
 and  an  assessment  never  took  place. Within  the  Mental  Health  Services,  the  following 
failures occurred in the care and treatment of Lee: Mersey Care inappropriately removed 
him from  the  CPA  when  he  clearly  needed  the  continuity  and  engagement;  Lee’s  care 
was not co-ordinated across services. Referrals through the GP were made rather than 
a transfer from service to service. If Lee had remained under the CPA the transfer would 
have been more effective – service to service; Despite Knowing that Lee was moving to 
the Wirral in March 2016 a referral letter with the clinical history was not sent until June 
2016  which  was  an  unacceptable  delay;  Cheshire  Wirral  Partnership  Mental  Health 
Services’ Staff failed to adhere to Operational procedures in that the clinical notes were 
poor  and  inadequate.  The  notes  were  brief  and  did  not  fully  detail  decisions  made  or 
rationale  for  those  decisions;  CWP  engagement  with  Lee  fell  short  of  expected 
standards,  essentially  comprising  of  appointment  letters  to  his  home  address.  The 
pattern of non-attendance should have triggered a more pro-active response to engage 
Lee with the service. There were a number of failures by the mental health services. It is 
unclear  as  to  whether  a  more  effective  transfer  from  one  service  to  another  and  thus 
earlier  and  more  pro-active  intervention  would  have  changed  the  outcome  for  Lee, 
however,  there  were  clear  missed  opportunities  for  further  intervention  to  help  and 
support Lee. A more co-ordinated approach from the mental health services may  have 
given better opportunities to engage Lee so that he could have received the support and 
treatment he so desperately needed.  

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.  –  

A more co-ordinated approach from the mental health services is required when a user 
is being transferred from one NHS Trust to another. In this case if the user had still been 
on a Care Programme Approach there would have been a direct referral from service to 
service rather than through the GP but because he was taken off the programme the 
referral was made through the GP. This has delayed the intervention and the prevented 
effective information exchange on a user who was already subject to secondary care 
services. In effect this resulted in the user having no intervention for a number of months 
and entering the mental health system afresh when in fact the care should have been a 
seamless continuation.  

The Court would like you the Current Transfer / Referral Policy. 

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 14/08/2017. 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. 

8 

COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner and to the following Interested 

2 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Persons: 

1. 
2. 

s – mother 

 - father 

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 

Anita Bhardwaj 
Area Coroner for the 
Liverpool & Wirral Coroner Area 

Dated: 16th June 2017 

3
Also filed under 2017-0196: 2017-0196-Mersey-Care-NHS-Trust.pdf
'~l:kj 
Mersey Care 
NHS Foundation Trust 

Patient Safety Team 
Mersey Care NHS Foundation  Trust Offices 
V7 Building 
Kings Business Park 
Prescot 
Merseyside 
L34 1 PJ 

Telephone number: 01514732874 

14 August 2017 

PRIVATE  & CONFIDENTIAL 

Area Coroner for the Liverpool and Wirral Area 
Anita Bhardwaj 
Gerard Majella Courthouse 
Boundary Street 
Liverpool 
L52QD 

Dear Madam 

Re: 

lee Joseph Hastings Swain - Inquest 

I  write further to the Inquest into the death of Mr Hastings Swain which concluded on 
16 June 2017. 

At that Inquest you expressed the following concerns: 

A more co-ordinated approach from the mental health services is required when a 
user is being transferred from one NHS Trust to another. In this case if the user had 
still been on a Care Programme Approach there would have been a direct referral 
from service to service rather than through the GP but because he was taken off the 
programme the referral was made through the GP. This has delayed the intervention 
and the prevented effective information exchange on a user who was already subject 
to secondary care services. In effect this resulted in the user having no intervention 
for a number of months and entering the mental health system afresh when in fact 
the care should have been a seamless continuation. 

The Court would like you to review the Current Transfer I Referral Policy. 

The Trust is grateful to you for the opportunity to update you as to the progress made 
to implement these measures since the conclusion of the Inquest and I  now write to 
provide that update. 

Trust responses 

The two Trusts involved namely Cheshire and Wirral Partnership NHS Foundation 
Trust (CWP) and Mersey Care NHS Foundation Trust (MCFT) met to discuss the 
responses to your concerns and agreed that both organisations would review their 
policies separately but ensure that the guiding principle of making it clear to staff the 
processes that should be adopted when transferring patients from one organisation 
to another was undertaken as part of this review. It was felt to be important to 
Mersey Care NHS Trust is a smoke free NHS Trust and operates a smoke free policy. 
Please note that smoking is not permitted on any of our sites including buildings. grounds. and car parks. 
Smoking is not permitted at the entrances or exits of buildings and sites. 

 
 undertake  separate  reviews  of Trust  policies  as they  have  to  be representative  of 
specific  dynamics  and  structures  within  the  organisations  and  the  different 
organisations  that patients  may be transferred  to locally.  That said I  can confirm  that 
both  organisations  have  shared  their  respective  policies  and  agreed  inclusions  to 
both that are reflective of the Regulation  28 report. 

Cheshire and Wirral Partnership NHS Foundation Trust (CWP) response 
CWP has identified that the following statements in  relation to the timeframe for 
transfer of care should be included in its policy 'Admission, Discharge and Transfer of 
Care Policy' as additional practice guidance for staff.  The additional statements 
read:- 

"This will be completed within a timeframe of 28 days but may have to be expedited if 
there are concerns about the person's risk profile and mental health." 

"The referral will go to the single point of access service of the relevant receiving 
trust. " 

An action plan has been developed and includes the Trust's own findings from its 
investigation in relation to documentation and record keeping which fell short of the 
Trust's expectations. The updated policy and action plan will be approved at the 
Trust's Quality Committee on 6 September 2017 and will detail the timetable for each 
individual action, which will again be monitored by the Quality Committee.  Learning 
will be shared Trustwide through the Learning from Experience Report in September 
2017 and through the locality governance structures. 

Mersev Care NHS Foundation Trust (MCFT) response 
I  have enclosed the key changes that  have been made to  policy following the 
Regulation 28 report at Appendix 1. 

I  can confirm that the outcome of the inquest hearing and the required changes to the 
policy have been circulated within MCFT through operational management meetings, 
consultant forums and via Quality Practice Alert (QPA). I  can also confirm that the 
QPA was issued prior to the Inquest hearing on 16th  March 2017 as part of the 
Trust's processes of learning from this incident. This included clear guidance on what 
is expected of teams when a patient is being transferred from one organisation to 
another. The contents of the QPA included -: 

"The importance of timely and comprehensive handover of information, both verbal 
and written when transferring service users from one care team to another cannot be 
overstated and underpins the guidance above. This applies to CPA and non CPA 
service users." 

The inclusion of the above statements will ensure that CWP and MCFT, (once both 
Trust's  amendments  have  completed  their  respective  governance  ratification 
processes) have policies that are compatible. 

I  can also confirm that the respective CWP and MCFT teams involved have also had 
specific feedback. 

An audit of transfer processes based on the amended policies will be considered for 
inclusion in each Trust's Junior Doctor Audit programme. 

I  hope that this  response adequately addresses the concerns you have raised, 
however please do not hesitate to contact me if I  can provide further clarification. 

Mersey Care NHS Trust is a smoke free NHS Trust and operates a smoke free policy. 
Please note that smoking is not permitted on any of our sites including buildings, grounds,  and car parks. 
Smoking is not permitted at the entrances or exits of buildings and sites. 

 Director  of Patient  Safety 

Mersey Care NHS Trust is a smoke free NHS Trust and operates a smoke free policy. 
Please note that smoking is not permitted on any of our sites including buildings,  grounds,  and car parks. 
Smoking is not permitted at the entrances or exits of buildings and sites.

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