Prevention of Future Deaths reports · 2018

Adam Carter

Regulation 28 report to prevent future deaths, reference 2018-0226, written 12 Jul 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report12 Jul 2018
Reference2018-0226
DeceasedAdam Carter
CoronerAlan Wilson
Coroner areaBlackpool & Fylde
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedLancashire 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 (1)

NOTE: This form is to be used after an inquest.

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

Chief Executive, Professor Heather Tierney —- Moore OBE
Lancashire Care NHS Foundation Trust

4 CORONER

lam Alan Wilson, Senior Coroner, for the area of Blackpool & Fylde

2 | 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.

3 | INVESTIGATION and INQUEST

The medical cause of death was recorded as follows:
1 a Multiple injuries due to impact of fall

The conclusion was one of SUICIDE.

In paragraph 3 of the Record of Inquest where when and in what circumstances Adam
came by his death the jury stated as follows:

Adam James Carter died on 10 September 2017. The time of Adam's death was
recorded at 19.03 hours, at Blackpool Victoria Hospital. Adam suffered multiple injuries
as a result of falling from the 5th floor of Talbot Road car park in Blackpool. Prior to this
event, Adam had absconded from the Harbour Mental Health facility during escorted
leave. Adam was under treatment at the harbour for bi polar affective disorder. He was
suffering from mania on admission and appeared to be responding to treatment. As the
mania was largely under control from mid August onwards. Prior to absconding, Adam
appeared settled and there was no evidence to suggest that Adam would abscond. He
had previously been on 9 periods of escorted leave without incident, and he had not
expressed any self harm or suicidal ideation in that period. It is likely that Adam asked a
member of the public to call an ambulance on Church Street and identified himself as a
patient at the Harbour at 17.45 hours, prior to making his way to the 5th floor of the car
park where the event took place.

We conclude that alcohol and substance abuse played no causal role in his death or the
events leading to it.

4 | CIRCUMSTANCES OF THE DEATH

Adam Carter was confirmed a 1903 hours on 10 September 2017 at Blackpool Victoria
Hospital having been transferred there after having reportedly fallen from the 5" floor of
a multi-story car park in Blackpool town centre at around 1755 hours earlier that
afternoon.

Some two hours previously Adam had absconded from The Harbour mental health
facility in Blackpool as he commenced a period of escorted leave with a member of staff
— that leave had been granted on the basis that he could leave the building with the staff
member but not go beyond the hospital grounds perimeter. In fact CCTV footage
showed him running off through the doors of the building and initially being pursued by
the staff member who quickly altered other staff and police were contacted.

Between Adam making off from The Harbour and the reported fall from a car park there
were no sightings of Adam. The only evidence available was that a member of the public
rang the ambulance service at re that a call had been made to the ambulance service
from Church Street in Blackpool at 17.45 hours that day informing a man had
approached him and asked he call for an ambulance but that upon him doing so the
person had walked off but after informing him that he had absconded from The Harbour

and was a “mental patient”.

There is no further reported sighting of Adam until shortly before 6pm when eyewitness
reported seeing Adam’s body falling to the pavement and one witness had been on the
top floor of the car park when he saw Adam at the top of the car park climb over a fence
and drop himself over the edge.

A subsequent post mortem examination confirmed Adam had died from multiple injuries
as a result of impact trauma.

Adam had a history of involvement with mental health services from approximately 2000.
His parents with whom he lived had noticed deterioration in his condition from 12” July
2017. That deterioration continued and he was detained under section 2 Mental Health
Act 1983 for a period of assessment [and later detained under section 3 of that Act]
Initially detained in a mental health ward in Blackburn he was transferred to The Harbour
before the end of July 2017. His therapeutic team felt his condition improved and by mid-
August 2017 he began to utilise escorted ground leave and plans were being put in
place form him to be discharged to a supported living placement close to his parents’
home.

Adam was known to have expressed suicidal thoughts previously but it was not felt that
he had tried to actively harm himself previously.

By 30" August 2017 the therapeutic team felt he was settled, there was no evidence of
psychosis, and he had used his periods of leave without difficulty, and on 4™ September
2017 he was “stepped down” from a Psychiatric Intensive Care Unit [PICU] to an acute

hospital ward.

An independent Consultant Psychiatrist provided an independent opinion upon the care
afforded to Adam and amongst his conclusions he reported that Adam had suffered a
relapse into severe mania in July 2017, that his care and treatment was of an acceptable
standard, that his mania had been largely controlled by mid-August 2017; that the team
had taken sensible and appropriate measures to manage the risk of self — injury, that it
was reasonable to assume the risk of completed suicide and of Adam absconding was
low and that in his view Adam's death could not have been predicted by his Multi-

Disciplinary team.

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 MATTER OF CONCERN is as follows:

The concern relates to record keeping.

During his independent review of this matter, a Consultant Psychiatrist identified some
discrepancies within the medical records including the following:

e Although he felt that the therapeutic team had an understanding of the extent to
which Adam posed a risk of:

- aggression and violence;
- self harm;

- suicidal behaviour;

- absconding;

He did not feel that these risks were documented or clearly formulated in the
medical notes.

e Hestated that there was very little detail in the documentation as regards
Adam's use of his leave nor of care planning of his leave. The rationale for leave
having been granted was not recorded nor were the benefits and risks
associated with leave.

e He was unable to find a record of an assessment of Adam’s clinical state b
nursing staff immediately before the period of escorted ground leave on 10
September 2017 as required by trust policy [although he did not feel that this
would have any bearing on the decision to afford Adam leave on this occasion].

e Hecould not find a copy of the Leave Authorisation that granted Adam leave
and felt that documentation of leave fell short of the guidance laid out in the
Trust policy for the authorisation of section 17 leave of absence.

Clearly the quality of record keeping is important in the context of a detained mental
health patient. Adam had spent some time in a Psychiatric Intensive Care Unit and then
a number of days on an acute inpatient ward prior to the events of 10'" September 2017.

The level of risk such a patient poses as regards issues such as the risk of self harm
and absconding are fundamental to the care provided. Plans were being made for Adam
to be discharged and into the community rather than back to his parents’ home and he
was being afforded the opportunity to build towards that discharge by granting him leave
which was an important step in progressing towards that goal. However, such decisions
need to be made appropriately and informed by how the risk a patient poses is viewed at
that time. It is vital that the basis for such decisions is clear from the records.

If this does not happen then | have a concern that future deaths may result — inevitably
patients such as Adam are cared for by a team consisting of different staff performing
different shifts. Staff taking over the care of a patient such as Adam ought not to have to
rely on the verbal information provided to them at a handover of that patient's care but
need to have the opportunity to read the records and to remind themselves how the risk
their patient poses is viewed by for example the relevant Consultant Psychiatrist, and
why he or she has been granted leave.

The court heard that escorted grounds leave was granted to Adam but that nursing staff
had discretion as regards whether that leave went ahead and they may exercise such
discretion subject to how Adam presented, his behaviour on the ward etc. If they cannot
access accurate and informative records, such staff may make decisions that are not in
the interests of their patients. Leave may proceed on a basis not felt to be safe. Leave
may be declined because the staff member — unable to access the relevant information
— decides to err on the side of caution and declines leave to the detriment of that
patient's progress and the condition of his / her mental health.

It seems to me that if an independent consultant psychiatrist has conducted a review
and identified these issues in relation to records it should inevitably prompt a concern on
my part that unless | write a report such as this one future deaths may result.

| therefore raise the concern. | cannot be prescriptive about what action should be taken
and | make no recommendations but simply raise the issue.

At the conclusion of the inquest, | indicated to the Properly Interested Persons that |
proposed to write to the Department of Health by way of a report in accordance with the
provisions of paragraph 7 of Schedule 5 of the Coroners and Justice Act 2009.

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.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 10" September 2018. |, 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:

e Family of Adam Carter
e Chief Executive, Blackpool Council
e Care Quality Commission

| 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.

A.A.Wilsow

Alan Wilson
Senior Coroner for Blackpool & The Fylde

Dated: 12" July 2018

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 Lancashire Care NHS Trust (PDF)
NHS)

Lancashire Care
NHS Foundation Trust

Lancashire Care NHS Foundation Trust
Sceptre Point

Sceptre Way

Walton Summit

Preston

PR5 6AW

Tel: 01772 401015

Alan Wilson

Senior Coroner for Blackpool and the Fylde
Office of HM Coroner

Municipal Buildings,

Corporation Street

Blackpool FY1 1GB

07 September 2018
Dear Mr Wilson,
Adam Carter (deceased) — Regulation 28 report to prevent future deaths

The Trust acknowledges receipt of your regulation 28 notice dated 12 July 2018. In the notice you raise
the following concerns:

1. The poor quality of record keeping, including Mr Carters use of leave, the lack of a completed
risk assessment and no evidence of the Leave Authorisation required to grant leave as required
under section 17, prior to Mr Carters escorted leave on the 10 September 2017.

We are committed to delivering the highest quality of care, and we deeply regret on this occasion
that there were things that should have been done better. We have used the findings of the inquest
and your notice to make improvements in the quality of our care. We will endeavor to make our
documentation of Section 17 leave more robust by requiring teams to document clearly the reasons
for the leave, the risks associated with the leave and the progress that patients are making in relation

to leave.

This is already in accordance with the Code of Practice and our policies and procedures and so in
addition we will take the following actions in response to the concerns you have raised:

ACTION 1 — Risk assessment prior to all leave being taken

Once leave has been agreed by the Multi Disciplinary Team, the nursing team on each ward will be
prompted to fully consider the patients risks and state of mind immediately prior to the patient taking this
leave, and reminded to document their up to date decision in the clinical record.

The senior matron and lead nurse will establish how these prompts are implemented by 28 September

2018.
upporting Health and Wellbeing sys

Chair: Mr David Eva Chief Executive: Professor Heather Tierney-Moore OBE MINDFUL,
EMPLOYER

NHS)

Lancashire Care
NHS Foundation Trust

ACTION 2 - Policy issues

Leave that is given regularly to a patient is already discussed and agreed in the context of the Multi
Disciplinary Team, and should be documented in the clinical record, however some points around how
this is care planned are not currently included in our Leave Policy and so the Mental Health Law Manager
will consider a minor amendment to the policy by 28 September 2018.

ACTION 3 - Routine evaluation of Leave

How leave went for the patient should already be documented and discussed in the wider MDT forum;
in addition a pilot of “leave diaries” is currently taking place in our secure services, if it is found to increase
the quality of post leave documentation this will later be rolled out to all wards.

ACTION 4 - Communication

The Clinical Director will write to consultants and ward managers about these actions by 14 September
2018 and reiterate the importance of documenting the rationale, risks and benefits for each individual

accessing leave.
ACTION 5 - Audit

The impact of the above actions will be included in a clinical audit in January 2019. Matrons and ward
managers will then review the findings from these audits and feed the results back during clinical

supervision with their teams.
The standards for this audit will include:
1. All patients. who have leave granted will have a copy of the Section 17 Leave Authorisation
form in their record
2. An assessment of their presentation / mental state and / or risk assessment must be
undertaken on the day leave is to take place.

| hope this addresses your concerns and wish to assure you that we have implemented measures
to prevent similar incidents in the future.

Should you require any further information the Trust will be more than willing to assist.

Yours sincerely

ssociate Director of Safety

SG ervonting Health and Wellbeing

Chair: Mr David Eva Chief Executive: Professor Heather Tierney-Moore OBE MINDFUL
EMPLOYER

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