Prevention of Future Deaths reports · 2018

William Watson

Regulation 28 report to prevent future deaths, reference 2018-0237, written 19 Jul 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report19 Jul 2018
Reference2018-0237
DeceasedWilliam Watson
CoronerAndrew Cox
Coroner areaCornwall & Isles of Scilly
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedRoyal Cornwall Hospitals NHS Trust
Sourcejudiciary.uk record · original PDF
Responses published2

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

William George Irvin WATSON, deceased

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

1. BE be puty Director of Urgent and Emergency Care, NHS Dorset
Clinical Commissioning Group, Vespasian House, Barrack Road,
Dorchester, Dorset, DT1 1TG

2. NHS Kernow Clinical Commissioning Group, The Sedgemoor Centre,
Priory Road, St Austell, Cornwall, PL25 5AS

3. Copied to: CCG’s at foot of this letter

CORONER

| am Andrew Cox, Assistant Coroner for the coroner area of Cornwall & 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

On 18 May 2017 an inquest was opened into the death of William George Irvin Watson
who died on 11 May 2017 at the age of 82. | conducted the inquest on 20 June 2018. |
found that Mr Watson died from:

1a) Pneumonia;

1b) Coronary Artery By-Pass Graft Surgery (post op)

| recorded a Narrative Conclusion that Mr Watson died from complications of a
necessary surgical procedure.

CIRCUMSTANCES OF THE DEATH

On 24/1/17, Mr Watson was admitted acutely into Royal Cornwall Hospital with
worsening angina. Coronary angiogram revealed severe multi-vessel disease.

On 20/2/17, he underwent a triple CABG at Derriford hospital. He suffered a number of
post-operative complications including an infected sternal wound that necessitated
further surgery.

On 13/4/17 he was transferred from Derriford to Treliske.

On 22/4/17, a CT chest revealed a potential collection around the sternum and it was
feared Mr Watson’s wound had become re-infected. Arrangements were made to
transfer him back to Derriford. There were a number of difficulties with that transfer.

A clinician first contacted SWAST to arrange the transfer at 16:32. A response time of 40
minutes was indicated. At 18:09, following a deterioration in the patient's condition, the
request was cancelled by which time an ambulance had not arrived.

At 18:18 a doctor made a fresh request for an ambulance to effect a transfer to
Derriford. A response time of one hour was indicated. An ambulance was allocated at
19:43 but three minutes later re-directed to a patient with a greater clinical need. At
20:25, a further ambulance was allocated but then again directed away. At 21:40 Mr
Watson was re-classified as a Category 2 patient. An ambulance arrived on scene at
21:46 or nearly 2% hours after the target time.

At inquest, | heard from Ms Merriott of SWAST. It was candidly accepted that the reason
for the delay was due to demand in the area at the time. It was further accepted that this
was not an isolated incident and that there was and is currently a lack of resources to
meet the existing demand.

On 3/5/17, Mr Watson was discharged from Derriford back to Treliske. Again, there were
difficulties with the transfer. The initial request was made at 13:48. The staff member
who took the call missed the fact that a technician was required and this was not

recognised until a vehicle came to collect Mr Watson at 16:00. At that point the booking
service was asked to arrange a High Dependency transport which was done through
Lifestar. | was told they are the only provider available in Cornwall. Mr Watson was
collected at approximately 17:00 but did not reach Treliske until 19:40 hours
approximately.

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. —
Emergency ambulance transport

| asked to be shown, in confidence, the correspondence that has passed between the
NHS Dorset CCG and SWAST touching on the current lack of resource. It is plain there
is a recognised problem and that considerable efforts have been made, notably through
changes in the rota, to close the gap between the resource that is required and that
which is available.

It is equally clear that a significant performance gap remains indeed, as | understand the
position, it is accepted that minimum performance standards cannot be met under the
current financial provision. The obvious implication is that where an adequate response
cannot be made because of insufficient funding to resource the service appropriately,
the consequent delays may result in lives being lost. These could be avoidable deaths.

It is my duty, in such circumstances, to make this report to you. | would be pleased to
know:
- Howis the current financial shortfall to be remedied and by when?
- By what date do you expect the minimum acceptable performance standards to
be met?

If a current constraint involves a lack of funding from central government | would be
grateful if you would disclose to me, again in confidence, any relevant correspondence
you may have had on the point. If it is necessary for me to do so, and | await your
response, | will additionally direct this report to central government.

High Dependency Transport

| heard that the only provider of this service in Cornwall is Lifestar. | was informed that
on occasions when Lifestar has no available resource it is necessary to contact
providers from out of county.

The evidence | heard from P| was that there was a definite gap in service
provision. Given that this involves the transport of patients with a High Dependency
there is again a real risk that fatalities may arise in the future.

| would be pleased to learn whether it is accepted by NHS Kernow CCG that there is a
gap in service provision currently. If so, please set out how it is proposed to fill that gap
and by when.

Non-emergency transfers

| was told at inquest that this service, commissioned by NHS Kernow, was being
provided by a company called Ezec. | was further advised that its performance
requirements are to collect 95% of patients within 1 hour and for short notice bookings,
50% were to be collected with 1 hour and 95% within 2 hours. | was informed that these
targets are not being met.

The inquest was advised that a new service provider will be taking on this business from
April 2019. Of great concern to me was the revelation made at inquest that there are
currently no compliant bids.

It seems obvious that a patient who would ordinarily require a non-emergency transfer
but who is kept waiting beyond acceptable performance standards may deteriorate and
potentially have their life put at risk.

In such circumstances | would be pleased to learn what steps the commissioners
propose to put in place to remedy the difficulties that exist currently and the foreseeable,
additional risks that will arise from April next year if action is not taken beforehand.

6 | 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.

| would be pleased to hear from you in reply to the matters identified above.

7 | YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 15 September 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.

8 | COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following Interested
Persons: Mr Watson’s family, SWAST and RCHT.

lam 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 [DATE] [SIGNED BY CORONER]
19/07/2018
CC’d to:

NHS Dorset Clinical Commissioning Group;

NHS Bath and North East Somerset Clinical Commissioning Group;

NHS Bristol, North Somerset and South Gloucestershire Clinical Commissioning Group;
NHS Gloucestershire Clinical Commissioning Group;

NHS Kernow Clinical Commissioning Group;

NHS Northern, Eastern and Western Devon Clinical Commissioning Group;
NHS Somerset Clinical Commissioning Group;

NHS South Devon and Torbay Clinical Commissioning Group;

NHS Swindon Clinical Commissioning Group;

NHS Wiltshire Clinical Commissioning Group;

NHS South, Central and West Clinical Commissioning Support Unit.

Responses

2 responses 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 Dorset Clinical Commissioning Group (PDF)
NHS}

; Dorset
Clinical Commissioning Group

Vespasian House

Mr Andrew J Cox Barrack Road
Assistant Coroner for Cornwall & the Isles of Scilly Dorchester
The New Lodge DT11TG

Newquay Road
Tel: 01305 368900

Penmount Fax: 01305 368947
Truro www.dorsetccg.nhs.uk
TR4 9AA

13 September 2018

Dear Mr Cox
Regulation 28 letter following the death of William Watson

Thank you for your letter dated 19" July 2018 regarding the death of Mr William George
Irvin Watson. | am writing to you as the co-ordinating commissioner for the South Western
Ambulance Service NHS Foundation Trust (SWASFT) contract for emergency ambulance
services, on behalf of the 10 CCGs in order to address the matters of concern.

The specific details regarding this case regarding the High Dependency Transport and the
Non-emergency transfers will be addressed directly by Kernow CCG as the commissioner of
those services, therefore our response will focus on providing you with further details
regarding the Emergency Ambulance transport contract that we collaboratively commission.

During the Autumn of 2017 all ambulance trusts across the country implemented the
Ambulance Response Programme (ARP), which has fundamentally changed the way in which
ambulance response times, categorisation of calls and dispatching of vehicles are managed
and monitored. In order to understand the full impact of ARP, SWASFT commissioned a
piece of modelling work.

The modelled resource gap to achieving the ARP standards currently states 241.7 whole
Time Equivalent (WTE) or 15,147 vehicle hours per month, based upon 2017/18 contract
activity level and the current resourcing and operational model. If this were to be addressed
through a like-for-like operational model, there would need to be a recurrent revenue
investment of £12m with associated capital cost of £4m.

In accordance to your letter and the matters of concern raised, | will now respond to each of
your questions in turn:

How is the current financial shortfall to be remedied and by when?

Supporting people in Dorset to lead healthier lives

Following a round-table meeting held in February 2018 which was attended by SWASFT,
Dorset CCG as Coordinating Commissioner, NHS England and NHS Improvement; a number
of specific actions were addressed which has now led to the following developments.

1) A Joint Plan has been co-produced with commissioners and SWASFT which has a
number of components in order to address the gap in performance. To summarise:

a. SWASFT Performance Improvement Plan — set of actions owned at both
executive and operational levels;

b. STP (Sustainability Transformation Plan) Action Plan — Commissioner owned
actions by all ten CCGs and regionally accountable to local STP and
A&E/Urgent and Emergency Care (UEC) delivery boards;

c. The Transition Plan - covering transformation and funding.

As well as increasing resources, modernising the service model and identifying additional
funding, one of the aims of the Joint Plan is to reduce the overall demand into the
ambulance service, to ensure the right patients are receiving the right care in the right place
and achieving the best outcomes. This may mean being treated in an alternative setting to
the ambulance service. This will ensure the resource is available for those who need it,
when they need it.

The STP action plan responds to opportunity areas, identified by SWASFT, which require STP
system partners to collaborate in order to support improved performance against ARP. All
actions have been developed based upon local pilots and national evidence. The projected
impact assumes and requires all actions are implemented across the entire SWASFT
operational area.

2) A financial framework has been developed on the basis of the £12m funding gap as
part of developing the Joint Plan and has been agreed by all 10 CCGs across the
South West in August 2018. The framework sets out a 2.3% investment over 3 years,
however recognising that for 2018/19 a maximum of only £1.774m can be made
available, this requires a higher level of resource to be found for 2019/20 to balance
the 2 years.

3) A fleet capital bid for £6.72m submitted by SWASFT to the Ambulance STP Capital
Scheme Funding has been successful. This will provide an additional 63 vehicles and
will be fully operational by 1 February 2019. In order for SWASFT to meet the
treasury rules and to achieve the operational deadline, £1.32m would need to be
forthcoming. The agreed financial framework now ensures that this non-recurrent
vehicle set up cost will be made available as part of the £1.774m investment during
2018/19.

The Financial Framework sets out a total overall investment of £13.8m by commissioners to
support achievement of the ARP standards.

By what date do you expect the minimum acceptable performance standards to be met?

SWASFT have provided commissioners with a draft business case which sets out how the
investment in the Trust’s A&E contract would be utilised to improve and deliver ARP
performance standards.
Based on the original analysis and recruitment profile, the trust would deliver the following
ARP performance standards by the end of September 2020:

e Category 1 Mean and 90th Percentile

e Category 1 Transport Mean and 90th Percentile

e Category 3 Mean and 90th Percentile

e Category 4 Mean and 90th Percentile
Category 2 Mean and 90th Percentile would be achieved in June 2021 when the paramedic
recruitment is complete.

The above timeline has been established on the basis of the performance model which was
undertaken at a point in time in September 2017/18. We have agreed with SWASFT that this
analysis will need to be revisited in quarter 2 of 2018/19 and this will be jointly
commissioned by the Trust and the CCGs.

It is anticipated that the revised output will lead to adjustments to the proposal contained
within the business case.

| trust this provides you with the detail requested and further assurance that significant
work and developments have taken place. We continue to work collaboratively with the
ambulance trust in order to address the gap in performance and ultimately improve
response times for all patients.

Yours sincerely,

ae

Deputy Director of Urgent and Emergency Care Dorset CCG
Co-ordinating Ambulance Commissioner
South West of England

Urgent and Emergency Care Executive Lead for Cornwall
and the Isles of Scilly
Response from Kernow Clinical Commissioning Group2 (PDF)
INHS Ey,

YEARS
S

Kernow OF THE Nis
Clinical Commissioning Group

PRIVATE AND CONFIDENTIAL
Chief Officer
Sedgemoor Centre
Mr Andrew Cox Priory Road
Cornwall Coroners’ Service St Austell
The New Lodge PL25 5AS
Penmount

Newquay Road Te:
Truro
Cornwall ena

TR4 9AA

13" September 2018
Dear Mr Cox,

Thank you for your regulation 28 report to prevent future deaths pertaining to Mr William
George Irvin Watson.

In your report you identify a number of concerns and the action to be taken by NHS Kernow
as commissioners of high dependency and non-emergency transport services.

The matters of concern relating to emergency ambulance transport will be addressed by
Dorset CCG in a separate response.

The matters of concern you have raised to be addressed by NHS Kernow and our response
to them are as follows:

High Dependency Transport

You heard that the only provider of this service in Cornwall was Lifestar. You were also
informed that on occasion when Lifestar has no available resource it is necessary to contact
providers from out of county. You heard evidence that there was a definite gap in service and
wished to learn if this was accepted by NHS Kernow.

Currently NHS Kernow purchases high dependency transport on a non-contract basis
therefore each transport is booked/purchased based on the needs of each person. This is
arranged through the Centralised Booking Service based at Royal Cornwall Hospitals NHS
Trust (RCHT), commissioned by NHS Kernow to ensure that all non-emergency patient
transport is booked to suit the individual health care needs.

01726 627800
kceg.contactus@nhs.net Chief oficer

www.kernowccg.nhs.uk Head office

eoeoe°0

Sedgemoor Centre, Priory Road, St Austell,
Cornwall, PL25 5AS

/nhskernow

There is more than one provider of this service. The predominant providers of high
dependency transport are Lifestar Medical and First Care Ambulances. Lifestar are based in
Cornwall, First Care is based in Exeter and provides a service across the South West. They
also provide services to Northern Eastern and Western Devon Clinical Commissioning Group.
High dependency transport is non-emergency and therefore planned; if extra capacity is
required above and beyond the capacity of the two providers mentioned above then provision
may be purchased from another provider out of county in order to meet that need.

NHS Kernow therefore is not aware of any gap in commissioned service.

Non-Emergency Transfers

You were told at the inquest that the service commissioned by NHS Kernow was provided by
E-zec. You were further advised that its performance targets were to collect 95% of people
within one hour and for short notice bookings, 50% were collected within one hour and 95%
within two hours. You were also informed that these targets were not being met.

’ You have also raised the concern that people who required this form of transfer were kept
waiting beyond acceptable performance standards may deteriorate and potentially have their
life put at risk.

E-zec Medical Services is commissioned by NHS Kernow to provide non-emergency patient
transport (NEPTs). This covers transport for a range of needs including outpatient
appointments, transfers of care and discharges. NEPTs would only transfer someone in a
very stable condition, for example a person transferred from an acute to a community hospital
or their normal place of residence. We would not wish people to wait beyond the performance
standards for many reasons. With a de-escalation of care or the movement of an individual
from an area of high health care need to lower/no health care need, any deterioration in
condition would be addressed, i.e. they would be waiting in the safest place and assessed.

In the case of Mr Watson we would not expect E-zec Medical Services as our provider of non-
emergency patient transport to convey a high dependency person as they are not
commissioned to provide that service and would not have a clinically appropriate vehicle or
staffing resource and, as a result, it would not be safe to do so.

We would also not expect a person to be transferred from a specialist centre (Derriford) to
another acute hospital unless the person was fit and safe to be transported, as this is a de-
escalation of care. A delay in the high dependency transport arriving for the journey would not
cause harm to the person as they would be in the most appropriate environment to meet their
health care needs and able to access high quality care immediately if needed. If it was an
escalation of care and the person’s condition was deteriorating then we would expect the
person to be transferred in an emergency ambulance by the South West Ambulance Service
Trust (SWAST).

Page 2

For clarity the performance target refers to the window of collection from their agreed pick up
time, not from the time of booking. This is for a standard booking. Enough time should be
given by the hospital booking the transport to allow the transport provider to time to plan the
journey. This should be done as soon as possible, preferably the day before it is required,
Wherever possible the performance requirements within the E-Zec Medical services contract
for standard bookings are:

e 50% of service users to be collected at their agreed discharge/ready time up to 30
minutes after their identified ready time 90% of service users to be collected at their
agreed discharge/ready time up to 45 minutes after their identified ready time

e 95% service users to be collected at their agreed discharge/ready time up to 60
minutes after their identified ready time

Our provider is currently performing at the following levels:
e 56% year to date average against the 30 minute target of 50%

e 73% year to date average against the 45 minute target of 90% (improved from 66%
average in previous year)

e 86% year to date average against the 60 minute target of 95% (improved from 74%
average in previous year

E-zec Medical Services has made significant improvements over the last 12 months and is
currently on target to meet their trajectory of improvement in order to meet the required
standards. NHS Kernow continues to work with the provider and the health system to ensure
demand and capacity is manged in order to achieve these standards.

Short Notice Bookings
At the time of this case the performance measure for short notice bookings was 95% of
journeys to be collected within two hours of booking. These targets have since been amended
to meet the needs of the service and are currently:

e 50% within two hours (provider currently achieving year to date average 55%)

e 70% within three hours (provider currently achieving year to date average 75%)

e 85% within four hours (provider currently achieving year to date average 87%)

NHS Kernow is currently reviewing the definition of a short notice booking to ensure that it
meets the needs of people.

Page 3

Procurement

The inquest was advised that a new service provider would be taking on the business from
April 2019. Of great concern to you was the revelation made at inquest that there are
currently no compliant bids. You would be pleased to learn what steps the commissioners
propose to put in place to remedy the difficulties that exist currently and the foreseeable risk
that will arise from April.

NHS Kernow was undertaking a procurement exercise at the time of the inquest which was
open to many potential bidders including incumbent providers. The procurement was closed
on 27" June 2018. The procurement was subject to EU regulations and at the time of the
inquest on 20" June 2018 no information had been released relating to the outcome.

The procurement process was not successful in securing the universal non-emergency
patient transport service we were trying to achieve so in order to mitigate future risk NHS
Kernow has been working with our current providers who have agreed, in principle, to an
extension of their current contracts. This will ensure that the current service that people
receive will not be disrupted.

The re-procurement is viewed by NHS Kernow as a potential opportunity to improve service
provision and we are committed to achieving this. During this extension the CCG will finalise
their future commissioning arrangements for one universal non-emergency patient transport
service with the continued aim of meeting the needs of the population of Cornwall and the
Isles of Scilly.

Over the coming months NHS Kernow will be working with current and potential providers,
stakeholders and the public in order to understand why the procurement exercise was

unsuccessful and how we can improve going forward.

| hope this action provides you with some comfort. Please do not hesitate to contact me if
you require anything further in relation to this case.

Yours sincerely

PA, 4
Ve wt Lou

Chief Officer

Page 4

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