Prevention of Future Deaths reports · 2018

Alan MacDonald

Regulation 28 report to prevent future deaths, reference 2018-0053, written 21 Feb 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report21 Feb 2018
Reference2018-0053
DeceasedAlan MacDonald
CoronerMary Hassell
Coroner areaInner North London
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.

Regulation 28:  Prevention of Future Deaths report 

Alan MacDONALD (died 29.08.17) 

THIS REPORT IS BEING SENT TO: 

1.  Mr Paul Flynn 

Chief Executive Officer 
Addcounsel 
28 Grosvenor Street 
Mayfair 
London  W1K 4QR 

1 

CORONER 

I am:   Coroner ME Hassell 
           Senior Coroner  
           Inner North London 
           St Pancras Coroner’s Court 
           Camley Street 
           London  N1C 4PP 

2 

CORONER’S LEGAL POWERS 

I make this report under the Coroners and Justice Act 2009,  
paragraph 7, Schedule 5, and  
The Coroners (Investigations) Regulations 2013, 
regulations 28 and 29. 

3 

INVESTIGATION and INQUEST 

On 31 August 2016, I commenced an investigation into the death of Alan 
MacDonald,  aged 61 years.  The  investigation  concluded  at  the  end  of 
the inquest on 13 February 2018.  

I made a determination of death by suicide, when Mr MacDonald hanged 
himself at home on Monday 28/ Tuesday 29 August 2017. 

4 

CIRCUMSTANCES OF THE DEATH 

Alan  MacDonald  was  referred  to  Addcounsel  by  his  private  general 
practitioner, but was assessed by Addcounsel’s clinical director as being 
too  unwell  for  community  care  and  so  was  re-referred  to  a  consultant 
psychiatrist with admitting rights at the Nightingale Hospital. 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 He was admitted the same day, on 9 August 2017.  After two weeks in 
hospital,  he  was  assessed  as  having  improved  significantly  and  was 
discharged on Wednesday, 23 August.  However, after the bank holiday 
weekend, he was found hanging on Tuesday, 29 August. 

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.  

Addcounsel’s  clinical  director,  a  non  medically  qualified  counsellor, 
continued to visit Mr MacDonald while Mr MacDonald was being treated 
as  an  inpatient  at  the  Nightingale  by  a  consultant  psychiatrist.    The 
clinical director told me that he was in a therapeutic type relationship, but 
he was not treating Mr MacDonald or giving him therapy.  In addition to 
the psychiatrist consultations, therapy was available at the Nightingale.  
The  daily  Addcounsel  visits  inevitably  entailed  further  cost  to  Mr 
MacDonald, as well as the additional cost of going through Addcounsel 
to the Nightingale in the first place, without giving treatment in return.   

I  understand  that  this  issue  has  been  addressed  by  Addcounsel, 
following Mr MacDonald’s death.  I was told at inquest that in future, when 
Addcounsel recognises that a patient is too unwell to be treated in the 
community and requires admission, Addcounsel’s file will be closed.  In 
this way, a patient will not pay for visits at which no treatment is being 
offered. 

One  of  Mr  MacDonald’s  worries,  expressed  at  consultation  with  his 
psychiatrist when Addcounsel’s clinical director was present, did centre 
on  his  financial  situation.    He  was  very  anxious  that  his  money  was 
running  out  and  he  was  not  earning  while  he  was  in  hospital.    (After 
discharge  from  hospital,  he  told  a  friend  that  he  had  paid  Addcounsel 
£20,000, and was not going to pursue follow up treatment.) 

Despite  the  fact  that  the  Addcounsel  clinical  director  knew  of  Mr 
MacDonald’s money worries, he neither brought this to the attention of 
Addcounsel’s relationship director, the person responsible for charging 
Mr  MacDonald,  to  enable  consideration  to  be  given  to  reducing  the 
charges, nor did he highlight to Mr McDonald the potential to access care 
via the NHS.   

This  seems  to  be a potentially  devastating omission, not  simply  on  an 
individual basis but also in terms of Addcounsel’s systems.  

2 

 
 
 
 
 
 
 
 
 
 
 
 
 
 6 

ACTION SHOULD BE TAKEN 

In  my  opinion,  action  should  be  taken  to  prevent  future  deaths  and  I 
believe that you 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 23 April 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 following. 

  HHJ Mark Lucraft QC, the Chief Coroner of England & Wales 
  Care Quality Commission for England  
  Nightingale Hospital, London 
 
 
 

 brother of Alan MacDonald 

, friend of Alan MacDonald 

, psychiatrist  

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 Senior Coroner, at the time of your response, 
about  the  release  or  the  publication  of  your  response  by  the  Chief 
Coroner. 

9 

DATE                                                  SIGNED BY SENIOR CORONER 

21 February 2018 

3

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 Addcounsel (PDF)
aX

addcounsel

28 Grosvenor Street
Mayfair
London
W1K 4QR
29" March 2018

Dear Madam

Re. Regulation 28 Report to Prevent Future Deaths following the inquest touching the
death of Alan Macdonald (date of death 29.08.17)

| write in response to your Regulation 28 (PFD) Report dated 21 February 2018. This has
been carefully reviewed and | now set out my response below.

1. Addcounsel's clinical director, a non-medically qualified counsellor, continued to visit Mr
MacDonald while Mr MacDonald was being treated as an inpatient at the Nightingale by
a consultant psychiatrist...The daily Addcounsel visits inevitably entailed further cost to
Mr MacDonald, as well as the additional cost of going through Addcounsel to the
Nightingale in the first place, without giving treatment in return.

As set out in your Report, this issue has been addressed and the actions set out in the
Client Death Review undertaken following Mr MacDonald's death have now been put in
place. Our system has changed in the following ways:

e If actlient is not going to be treated by Addcounsel they are discharged entirely to the
care of the service that is deemed more suitable at the time (in Mr MacDonald's case
this would have been the Nightingale Hospital) and this is recorded clearly in the
client’s notes. At Addcounsel we now only case manage clients to whom we are
delivering services.

e If Addcounsel services are later requested, for example following discharge from a
psychiatric hospital, then a new referral will need to be made.

e When aclient is discharged to the care of another service they are clearly recorded
in our record as ‘discharged’. The record will need to be reopened if they return to
Addcounsel services at a later date.

e Where Addcounsel are not providing any immediate care, the financing of any
onward referral and treatment is now handed over entirely to the new provider who
will deal with this directly.

¢ | have written to the Medical Director at the Nightingale Hospital and requested to
meet with him in order to discuss the changes to our processes; and to ensure that
there is a clear communication channel between us and that everyone has a clear
understanding of how our referral process will work.

¢ [will also be writing to the other organisations to which we refer patients to ensure
our process is clearly set out and understood; and that everyone has a common
understanding of how we will work going forwards.

2. One of Mr Macdonald’s worries, expressed at consultation with his psychiatrist when
Addcounsef's clinical director was present, did centre on his financial situation. He was
very anxious that his money was running out and he was not earning while he was in
hospital (After discharge from hospital, he told a friend that he had paid Addcounsel
£20,000, and was not going to pursue follow up treatment)...Despite the fact that the
Addcounsei clinical director knew of Mr MacDonald's money worries, he neither brought
this to the attention of Addcounsel’s relationship director, the person responsible for
charging Mr MacDonald, to enable consideration to be given to reducing the charges;
nor did he highlight to Mr MacDonald the potential to access care via the NHS.

| would like to take this opportunity to highlight that our understanding of the evidence
was that Addcounsel's clini j Michael Ishmail, was present on one occasion
when Mr MacDonald lie financial concern was sometimes a trigger for
his depression/anxiety; this was during the initial assessment on the day of admission to
the Nightingale Hospital. The reference in the PFD report to Mr MacDonald stating that
‘he was very anxious that his money was running out and he was not earning while he
was in hospital is presumably a reference to a comment made later on during his period

inpatient, to an employee of Nightingale Hospital and, | would say, not in a

presence. Further, it is important to highlight that the reference to £20,000

includes the cost of Mr MacDonald's Stay and treatment at Nightingale Hospital and is
not representative of the cost of Addcounsel’s services alone.

When Addcounsel was set up we made a conscious decision to keep the discussion of
finances separate from the therapeutic process, to avoid the latter being compromised.
We still maintain that it is not the role of the clinician/therapists to discuss the cost of
treatment with a client and this is why we employ a dedicated relationship manager to do
this. However, we do recognise and appreciate that in a situation such as Mr
MacDonald's, there needs to be a system in place to make sure that Clinicians/therapists
are able to bring relevant financial concerns to the attention of the relationship manager.

We are therefore in the process of writing a new policy to cover such situations. This
policy will create a ‘red-flag’ in relation to a client making any reference to concerns
about finances; the cost of treatment etc. The policy will state the following:

¢ Any time a reference is made to finances this is and (with the

consent of the client) communicated in writin or Addcounsel’s
clinical operations —

. discuss this with our relationship director,
ill then be able to have a discussion with whoever is
counsel's services (either the client themselves or sometimes a

third-party) in order to look at possibilities in terms of reducing costs and/or

finding an alternative treatment provider which might, in some situations, be the
NHS. This system would ensure that the client’s financial concerns are
addressed and an opportunity is given for them to reduce the services provided
by Addcounsel and/or seek treatment by an alternative provider.

© This policy will need to be agreed by our Independent Governance Committee
and we hope to have it in place by the end of May 2018. It will then be distributed
to each member of our multi-disciplinary team (MDT) by Michael Ishmail with a
clear reminder of the process to follow in relevant situations.

Pending ratification of the policy we have already put in place interim measures to ensure
our MDT is aware of this change in practice. Discussions have taken place and|

will write to every member of our MDT to advise them about the new policy which
will be coming into place at the end of May 2018 and to give them instructions as to how
to approach relevant situations in the meantime. Members of the MDT will be told to bring
any concerns t ‘© be dealt with appropriately (and in a way which
reflects the new system coming into place).

We are also exploring ways in which we can put in place increased investigation into a
client's ability to pay for Addcounsel services when they first approach us. We are in the
process of re-writing our ‘Terms and Conditions’, which are provided to all clients when
they first register with Addcounsel; and consideration is being given to including
information within this document about the bespoke nature of the treatment provided by
Addcounsel and the resulting financial implication of this. We always aim to ensure that
all clients are fully aware of the type of service they are signing up to and the likely costs
involved, so that they can withdraw if they feel it is not suitable for them.

| hope you are reassured by my response to the concerns you have raised in relation to
Mr MacDonald's sad death, the circumstances of which have been discussed at length
and the implications for Addcounsel acknowledged.

Yours faithfully,

X

Mr Paul Flynn
CEO and CQC Nominated Individual

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