Prevention of Future Deaths reports · 2018

Thomas Curtin

Regulation 28 report to prevent future deaths, reference 2018-0076, written 14 Mar 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report14 Mar 2018
Reference2018-0076
DeceasedThomas Curtin
CoronerEmma Carlyon
Coroner areaCornwall and the Isles of Scilly
CategoryHospital Death (Clinical Procedures and medical management) related deaths · Mental Health related deaths
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

Thomas Edward Curtin

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:

1. Mr Joseph McEvoy, Regional Director of Mental Health and Learning
Disabilities, Specialist Commissioning, NHS England South

CORONER

| am Dr E Emma Carlyon, Senior Coroner for the coroner area of Cornwall and the Isles
of Scilly

CORONER’S LEGAL POWERS

| 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

Mr Thomas Edward Curtin died on 20" August 2016 at the Royal Cornwall Hospital,
Truro. He was being held under S3 MHA 1983 at Longreach Hospital, Redruth on an
Acute Mental Health Ward. An Inquest was opened on 9" September 2016 and a full
inquest hearing with a jury was held on 22, 23 and 26, 27" February 2018 at Truro
Municipal Building, Truro where the cause of death was determined as 1a) heroin
intoxication and the conclusion was found to be a Drug Related Death.

CIRCUMSTANCES OF THE DEATH

Thomas Curtin was detained under S3 Mental Health Act 1983 at Longreach Hospital,
Redruth on an acute mental health ward and was awaiting placement on a locked
rehabilitation facility. On 19" August 2016, he was granted S17 pre-arranged escorted
leave to purchase a Game Station from a shop in Camborne. The $17 leave was for one
hour with conditions on it to not gamble, or take drugs or alcohol. His money was held
by the escort. At around 1.00 pm, Mr Curtin was taken by hospital car to the shop and
the escort purchased the game station. A particular game was not in stock and due to
the lack of time the escort advised that the game would have to be purchased the next
day. Mr Curtin absconded from the shop with the game station and against advice from
the escort to return with him to the hospital, Mr Curtin ran off. The hospital and police
were informed that he was missing in line with hospital policy at 14.38 pm. Mr Curtin
attended 21 Adelaide Street, Penzance to visit its occupants at around 8.00 pm. He
visited the chip shop with a male from the house and they returned to the property by
taxi at around 9.15 pm. He told the male he had taken heroin and he was seen to be
sleeping at around 22.30 pm. The other male went out and returned around 12.30 pm
and later found him not breathing. At just before 02.53 am he called for an ambulance
and started resuscitation and the paramedic arrived and continued advanced
resuscitation and his pulse was regained at 03.20 am. He was transferred to the Royal
Cornwall Hospital, Jreliske, Truro but despite medical support he was recognized dead
at 07.30 am on 20" August 2016 from heroin intoxication. Mr Curtin was diagnosed with
schizophrenia with ADHD with harmful misuse of alcohol and drugs and psychoactive
substances. He was not known to use heroin. It was not known when or when or how
or with what intention that he took the heroin.

The Expert Psychiatrist noted that:

On reviewing the notes it was clear that Mr Curtin had been identified as being at high
risk of absconding and a risk to himself and others and for this reason a locked
rehabilitation placement was being sought.

The view of the treating Psychiatrist was that the benefit of leave outweighed the risk of
the frustration of no leave and minimized the distress of being on the ward especially
given his restlessness from ADHD and his variable presentation. He also accepted that
the leave was to build up a therapeutic relationship and to educate Mr Curtin not to
gamble, drink or misuse drugs while in the community. His psychotic symptoms
appeared to have been well controlled and the treating team identified that a longer
period of rehabilitation in a locked rehabilitation ward was required to avoid relapse. He
was awaiting such placement and the process had been started to identify a facility. He
considered that it was a challenge to manage Mr Curtin while awaiting the placement
and it was a balance between_holding him on the acute ward where he was known well
or a secure placement hic a cic not consider appropriate. He considered the
acute ward was the appropriate place to hold Mr Curtin pending his placement with a
transfer to Harvest Ward if his behavior escalated and there was a need to intervene.

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. —

At the hearing witnesses from the treating Mental Health Trust advised the court that Mr
Curtin was identified as requiring a placement on a locked rehabilitation ward to treat the
chronic nature of his illness namely of schizophrenia, with ADHD with harmful misuse of
alcohol and drugs and psychoactive substances and to prevent relapse. The majority of
such facilities are provided by the private sector. Evidence at inquest revealed that
public entities of low and medium security facilities were subject to a National NHS
England framework concerning the timing of their response to referrals for specialist
units. The evidence at inquest was that private providers of “Locked Rehabilitation
Units” were not subject to such a National NHS England framework. This may lead to
the risk of future deaths as patients are left on a ward which is inappropriate for their
needs while awaiting the private provider's response to a referral.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you AND/OR
your organisation; have the power to take such action.

To take action to reduce the potential for delay in placement of patients due to lack of
National framework for response to referrals from private providers.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by the 9" May 2018. 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

| have sent a copy of my report to the Chief Coroner and to the following Interested
Persons: Coodes Solicitors for the family, Adult Safeguarding Board, Devon and
Cornwall Police and Cornwall Partnership Trust. | have also sent it to Kernow
Commissioning Group who may find it useful or of interest.

| 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.

[DATE] [SIGNED BY CORONER]

14.03.2018 Cus alrett, Cannone Coyey

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 NHS England (PDF)
NHS

England

q 6th floor
Dr Elizabeth Emma Carlyon Skipton House
Senior Coroner for Cornwall and 80 London Road
Isles of Scilly London
The New Lodge SE1 6LH
Newquay Road
Penmount Business manager email:
Truro
TR4 9AA

9th May 2018

Dear Dr Carlyon,

Re: Regulation 28 Report to Prevent Future Deaths following an inquest concerning the
death of Mr Thomas Edward Curtin (20" August 2016)

Thank you for your Regulation 28 Report to Prevent Future Deaths (“Report”) dated 14" March
2018 concerning the death of Mr Thomas Edward Curtin on 20" August 2016. | would like to
express my deepest condolences to Mr Curtin’s family.

Your Report concludes that Mr Curtin’s death was a result of heroin intoxication after absconding
whilst on S17 leave from hospital.

Following the inquest, you raised a concern in your Report to NHS England regarding the
requirement for specialist mental health providers to respond to referrals within a given
timeframe. Evidence presented at the inquest suggested that this requirement only applies to
public providers of low and medium security facilities and not to private providers of ‘Locked
Rehabilitation Units’.

All specialised mental health services’ commissioned directly by NHS England, including adult
low and medium secure services are commissioned using a standardised contract which
requires providers to respond to referrals from secondary mental health services within a given
timeframe. This requirement applies to both public and private providers of NHS England
specialised commissioned care.

Some specialist mental health services, including specialist mental health rehabilitation services,
are the commissioning responsibility of local Clinical Commissioning Groups (“CCG") and
therefore are not subject to similar national frameworks requiring set response times. This
enables services to be commissioned in response to local population need, local priorities and
plans. As such, the contractual requirement to respond to referrals within a given time would be
determined by the commissioning CCG and therefore subject to local variation.

u https://www.england.nhs.uk/commissioning/spec-services/npc-crg/group-c/

High quality care for all, now and for future generations

NHS England recognises that there is a significant need to understand local variance in relation
to the provision and availability of specialist mental health rehabilitation services nationally to
enable improvements in the consistency and quality of care. This need was recently highlighted
by the CQC’s report, Mental health rehabilitation inpatient services’, published in March 2018,
which concluded that there is a wide variation between CCG areas’ use of rehabilitation beds.
Findings also emphasised a notable difference in clinical continuity where rehabilitation services
are independently provided compared with those that are NHS provided; a person is much more
likely to be dislocated from their usual care and support network when receiving rehabilitation in
an independent provider, often experiencing a longer length of stay further away from home.

in response to the report's findings and recommendations, NHS England is working with the
relevant Arm's-length bodies (“ALBs”) to scope and cost a programme of work focused on
specialist mental health rehabilitation. It is likely that this will aim to improve national-level
understanding of current CCG commissioned rehabilitation services and support local areas to
plan and commission the rehabilitation pathway more effectively in future in order to better
manage demand and avoid lengthy waits for individuals who need the level of care, treatment
and support that an inpatient rehabilitation unit can provide. In developing and confirming scope
we will build on recent progress in understanding and supporting areas to address demand and
capacity challenges within their local acute mental health systems, towards the ambition of
eliminating acute non-specialist out of area placements by 2021.

Thank you for bringing these issues to my attention and | hope the above response provides you
with some assurance that NHS England is taking appropriate action.

Yours sincerely,

Deputy Medical Director and Director of Primary Care
NHS England and Deputy Medical Director

G https:/Avww.cqc.org.uk/sites/default/files/20180301_mh_rehabilitation_briefing.pdf

High quality care for all, now and for future generations

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