Prevention of Future Deaths reports · 2018

Maximilien Kohler

Regulation 28 report to prevent future deaths, reference 2018-0316, written 24 Oct 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report24 Oct 2018
Reference2018-0316
DeceasedMaximilien Kohler
CoronerFiona Wilcox
Coroner areaLondon Inner (West)
CategoryMental Health related deaths · Child Death (from 2015)
Organisation namedCentral and North West London NHS Foundation 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

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

Professor Stephen Powis,
National Medical Director,
NHS England,

Skipton House,

80, London Road,
London.

SE1 6LH.

Rt Hon Matt Hancock MP
Secretary of State for Health
Department of Health

39 Victoria Street

London.
SWIH 01

ext

U,

Paul Rees, CEO

Royal College of Psychiatrists
21 Prescot Street,

London.

El 8BB

-| CNWL CCG Chair

Central & North West London NHS Foundation Trust HQ
Stephenson House

75 Hampstead Road

London.

NWI1 2PL

1 | CORONER

lam Dr Fiona J Wilcox, HM Senior Coroner, for the Coroner Area of Inner West
London

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

On the 3 October 2018, evidence was heard touching the death of Maximilien
Conrad Kohler. Max had been found deceased hanging by a belt around his neck
from a pull-up bar positioned across his bedroom door at his home address. He was
15 years old at the time of his death. The findings of the court were as follows:
Medical Cause of Death

1 (a) Fatal pressure to the neck

a
|

How, when and where the deceased came by his death:

Max suffered with Autistic Spectrum Disorder and Attention Deficit Syndrome. At
times symptoms of ASD would overwhelm him and he would attempt to take his own
life or self-harm. On 5/5/2018 he was found hanging by his father at his home
address. Despite resuscitation his life could not be saved and he was recognised as
life extinct at 07:23. He had left 2 messages expressing intent and demonstrating
capacity.

Conclusion of the Coroner as to the death:

He took his own life whilst suffering from Autistic Spectrum Disorder

Circumstances of the Death.

Evidence taken at the inquest confirmed that Max had not been diagnosed with ASD
until he saw a third and very experienced Child and Adult Psychiatrist, at least in part
because Max was clever and able to cross compensate for the issues that the ASD
caused him and instead had been incorrectly diagnosed with depression and bulimia
nervosa, of which there was no evidence when he was assessed at length in an
inpatient setting. These diagnoses had at least in part been arrived at by the use of
questionnaires. Expert evidence was taken and accepted by the court that the earlier
misdiagnosis may have been contributed to by the latest fashion in mental health to
over rely on questionnaires and perhaps less upon clinical evaluation of the whole
picture presented by the patient. It is possible that such over-reliance can contribute
to misdiagnoses and underestimate risk.

The over reliance on the use of questionnaires to assess the risk of self-harm,
compared to full psychiatric history taking and evaluation of the patient in the round by
a clinician with experience has been a repeated theme in inquests.

It was also discussed and accepted by the court that the current training regime for
the training of specialist doctors is shorter that it was in the past so that doctors now
become consultants with far less experience at senior registrar level, and
consequently less exposure to and skill with diagnostics across the range of
psychiatric conditions.

Further it was discussed and accepted by the court that there is a relative paucity of
services for conditions which are chronic and difficult to treat and cure compared to
illnesses which respond to short term therapies, and so show easily auditable
improvements in health with the application of evidence based guidance.

This was considered by the expert and accepted by the court to reflect the style of
commissioning of care by CCGs who wish to support and prioritise the services to
relatively easily treatable conditions.

ASD was accepted to be a lifelong incurable condition which responds only to long
term supportive care, and so to have expensive and resource rich treatment
requirements. As such ASD would come towards the bottom of the pile for CCG
commissioned treatment and care.

The expert stated that care provision is even worse for adults with ASD and other
similar conditions than for children.

Max's parents gave extensive evidence in relation to the support and information that
they have received since his suicide compared to the time when they were trying to
care for him whilst he was alive. They described a lacuna in support and educational
provision for parents attempting to assist a child with ASD.

When Max needed urgent in patient admission there was no bed available in London
in Child and Adolescent psychiatric services, and if his parents had not been able to
access private health care he would have needed to have been hospitalised in
Sheffield.

A report from CNWL, accepted by the court, stated that a new facility is currently
being built to provide psychiatric beds for children and adolescents in West London,
but this cannot alone address the scarcity of provision across the rest of London and
England.

Concerns of the Coroner:

1. That delays in diagnosis and misdiagnosis in medicine due to reduced time in
training for doctors in general and psychiatry in particular, may imperil the
lives of vulnerable patients.

2. That over reliance in the current fashion on questionnaires used in
diagnostics and management may impede rather than assist doctors and
other clinicians, firstly to arrive at the correct diagnosis in the first place, and
secondly to cause or contribute to underestimation or proper evaluation of the
risk of self -harm in particular.

3. That the NHS care commissioning structure is biased against the
commissioning of services for chronic incurable conditions in general and
ASD in particular.

4. That there is a lack of support and education available for parents caring for
children with ASD.

5, That there is a severe shortage of inpatient psychiatric beds for children and
adolescents in the NHS.

6, That services for adults with ASD are even less well provided for by the NHS
than those for children.

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. It is for each
addressee to respond to matters relevant to them.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report.
1, 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 :

Chief Operating Officer,

Central and North West London NHS Foundation Trust,
Stephenson House,

75, Hampstead Road,

London.

NW11 2PL.

| have also sent it to the following persons who may it useful or of
interest:

Nightingale Hospital,
11-19 Lisson Grove,
London.

NW1 6SH.

CNWL,

7a, Woodfield Road,
London.

W9 2NW.

Consultant Paediatrician,
St Mary's Hospital,
Praed Street,

London.

W2 iNY.

| 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.

24'" October 2018

Dr Fiona J Wilcox

HM Senior Coroner

Inner West London
Westminster Coroner’s Court
65, Horseferry Road

London

SW1P 2ED

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 Central and North West London NHS Trust (PDF)
NH: c

ALE

Central and

North West London

NHS Foundation Trust

Vincent Square

Community Eating Disorders Service For Children and Young People
1 Nightingale Place

London SW10 9NG

Tel: 020 3315 3369/ Fax: 020 3315 3363

E-mail: cnw-t,CEDS-CYP@nhs.net

1st April 2019
Private & Confidential jp

Dr Fiona Wilcox 4 wl pol ) ;
HM Senior Coroner 10. wv | pil . a cl
Inner West London tle as r ve: pI —“_
Westminster Coroner's Court 4 an yi? Vv

65 Horseferry Road Dai? ve , ( ef

London SW1P 2ED } p

Dear Dr Fiona Wilcox,
Re: Regulation 28 report - Maximilien Kohler

Thank you for your report and recommendations following this tragic event.

I sincerely apologise for my delayed response to your regulation 28 report.
Understandably, since it had been some time since my involvement with the case, I
was not aware of the report.

Tam a Child and Adolescent Psychiatrist in the CNWL Community Eating Disorders
team, one of the two consultants who assessed this young person prior to his in
patient admission. I would like to provide an account of my involvement and
formulation of the case.

16/05/2017 referral made by the community CAMHS team to Community Eating
Disorders Service for Children and Young People (CEDS-CYP), for further
assessment of a possible co-morbid eating disorder.

Central and North West London, NHS Foundation Trust,
HEAD OFFICE, Argo House, CNWL NHS Offices, Argo House
180 Kilburn Park Road, London NW6 5FA
www.cnwlnhs.uk

, "3 www.cnwl.nhs.uk/feedback \f soap Uy. for life
6

PARTHERSHNE

BVD
VUE

London | Milton Keynes | Kent | Surrey | Hampshire

INHS
Central and
North West London

NHS Foundation Trust

Vincent Square

Community Eating Disorders Service For Children and Young People
1 Nightingale Place

London SW10 9NG

Tel: 020 3315 3369 / Fax: 020 3315 3363

E-mail: cnw-tr. CEDS-CYP@nhs.net

06/06/2017 Max and his parents were seen for an initial assessment with the CEDS-
CYP. The assessment was conducted by me, a senior systemic psychotherapist and
assistant psychologist. The assessment followed our standard protocol, lasting, at
least two hours.

The first 45 minutes consisted of an interview with Max, his parents and three
clinicians. I then interviewed Max alone, to conduct a mental state examination and
brief physical examination; whilst our systemic psychotherapist interviewed the
parents alone. Following a multi-disciplinary discussion, we provided feedback to
Max and his family, explaining that we agreed with the diagnosis of Moderate
Depressive Episode, made by the community CAMHS team. We also explained that
his symptoms of recurrent episodes of binging and recurrent use of purging as an
inappropriate compensatory behaviour to prevent weight gain were in keeping with
the diagnostic criteria for Bulimia nervosa. In line with the current evidence base for
treatment of children and young people with bulimia nervosa, we offered a family
based intervention. We also explained to the family that we would discuss the
details of joint care and further recommendations, with the community CAMHS.
Following the assessment I documented in our electronic notes that the depression
could be underpinned by neurodevelopmental factors.

On 08/06/2017 during a telephone discussion with the community CAMHS team, |
explained my formulation regarding the possibility of underlying
neurodevelopmental factors, namely high functioning Autism Spectrum disorder
(ASD), for community CAMHS to consider for further assessment.

Full assessment of high functioning ASD is nuanced, requiring both a structured
developmental assessment and semi-structured observational assessment of the
young person. As such, these assessments are not carried out within CEDS-CYP, but
are referred to the community CAMHS for assessment.

Central and North West London, NHS Foundation Trust,
HEAD OFFICE, Argo House, CNWL NHS Offices, Argo House
180 Kilburn Park Road, London NW6 5FA
www.cnwi.nhs.uk

pee 48 www.cnwl.nhs.uk/feedback fV De Cy for life

pANTHERSHIP london } Milton Keynes | Kent | Surrey | Hampshire

Central and
North West London

NHS Foundation Trust

Vincent Square

Community Eating Disorders Service For Children and Young People
1 Nightingale Place

London SW10 9NG

Tel: 020 3315 3369/ Fax: 020 3315 3363

E-mail: cnw-tr.CEDS-CYP@nhs.net

Underlying ASD traits are recognized increasingly as a contributing risk factor for a
number of psychiatric disorders and as such, assessment services are in high
demand.

Shortly before our service was due to commence family based treatment; I
understand that Max was admitted to hospital for further assessment and treatment
following a significant over-dose. The case was closed to our service at that point
with no further contact or input.

I do hope this is helpful. Please do contact me if you require further clarification or
information

Yours sincerely

ME
CEES 7 ACL EF

Consultant Child & Adolescent Psychiatrist

Central and North West London, NHS Foundation Trust,
HEAD OFFICE, Argo House, CNWL NHS Offices, Argo House
180 Kilburn Park Road, London NW6 5FA
www.cnwlnhs.uk

v"s www.cnwlnhs.uk/feedback Nfeaioearfnoc for life
we

PARTHEASINe

London | Milton Keynes | Kent | Surrey | Hampshire
Response from Department of Health Social Care (PDF)
ue

From Caroline Dinenage MP

D e re) a rtm ent Minister of State for Care
of Health & 39 Victoria Street
Social Care SwiHoEU

020 7210 4850

Our Ref: PFD-1154169

Dr Fiona Wilcox

HM Senior Coroner, Inner West London
Westminster Coroner's Court

65 Horseferry Road

London

SWIP 2ED

Door Dy liicox , 14 January 2018

Thank you for your correspondence of 24 October to Matt Hancock about the death
of Maximilien Conrad Kohler. I am responding as Minister with portfolio
responsibility for autism and I am grateful for the additional time in which to do so.

Firstly, I would like to say how deeply saddened I was to read of the circumstances
surrounding Max Kohler’s death. If you have the opportunity to do so, please pass on
my condolences to his family. I can appreciate this must be a very difficult time for
them.

You issued your Report to NHS England and the Royal College of Psychiatrists and
my officials have liaised with those bodies to understand their response to the
concerns you have raised. I will not repeat the detail of those responses. ~

However, I would like to add that we acknowledge that outcomes for young people
on the autistic spectrum are simply not good enough. We want to ensure that all
autistic children and young people get the care and support they need.

November 2019 will mark ten years since the Autism Act! was passed. To continue
to improve outcomes for autistic people, their families and carers, we announced on 5

' https://www.legislation.gov.ulk/ukpga/2009/15/contents

December 2018 that we are launching a comprehensive review of our autism strategy
to ensure it retains fit for purpose’.

The review is expected to report in November 2019 and will look at:

e Joining up health, care and education services to address autistic children’s
needs holistically;

e Developing diagnostic sérvices to diagnose autism earlier, in line with clinical
guidance;

¢ Improving the transition between children and adult services so that no young
people miss out, and ending inappropriate reliance on inpatient hospital care;
and

+ Improving understanding of autism and all its profiles, including recently
identified forms such as pathological demand avoidance (PDA).

We want an autism strategy that works for all autistic people, and that is why,
working closely with the Department for Education, we will be extending our
strategy to include children. We want to ensure that children with autism are
identified early and receive integrated, person-centred care at the right time and in the
right setting to meet their range of needs.

Early in the new year, to inform our review, we will be launching a national call for
evidence to hear the views of autistic people, their families and carers as well as those
of professionals. We want to know what is working and where progress has been
made and importantly where we need to push harder to transform the lives of autistic
people, their families and carers. Your Report and the matters of concern raised
within is helpful information to feed into this work.

Adults and children should not have to face long waits for an autism diagnosis.
NICE recommends the length between referral and the initial assessment should be
no more than three months. We are determined to drive up performance on diagnosis
nationally and are collecting data for the first time to support this, which will be
published next year. We will use this data and other evidence collected as part of the
review process to determine how we can ensure the best outcomes for children.

In addition, in Spring this year, we will make available new and improved guidance
for health and care commissioners and a best practice toolkit to improve diagnosis
and post-diagnosis services for all people with autism.

7 https://www.gov.uk/government/news/, ‘govermment-review-to-improve-the-lives-of-autistic-children

i
:

Finally, I am pleased to say that learning disability and autism has been included as
one of the four clinical priorities in the NHS Long Term Plan’ published on 7
January. The NHS is committed to do more to ensure that all people with a learning
disability, autism, or both can live happier, healthier, longer lives.

I hope this response is helpful and provides assurance that we are determined to
improve the care and support available for autistic people, their families and carers.

Con

CAROLINE DINENAGE

3 https://www.longtermplan.nhs.uk/wp-content/uploads/2019/0 1/nhs-long-term-plan.pdf

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