Prevention of Future Deaths reports · 2018
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 report | 21 Feb 2018 |
|---|---|
| Reference | 2018-0053 |
| Deceased | Alan MacDonald |
| Coroner | Mary Hassell |
| Coroner area | Inner North London |
| Category | Hospital Death (Clinical Procedures and medical management) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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
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.
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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