Prevention of Future Deaths reports · 2019
Regulation 28 report to prevent future deaths, reference 2019-0169, written 23 May 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 23 May 2019 |
|---|---|
| Reference | 2019-0169 |
| Deceased | Sasha Forster |
| Coroner | David Reid |
| Coroner area | Hampshire (Central) |
| Category | Suicide (from 2015) |
| Source | judiciary.uk record · original PDF |
| Responses published | none published |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
Fiona Edwards, Chief Executive
Department
18 Mole Business Park
Leatherhead
KT22 7AD
E: xxx.xxx@sabp.nhs.uk
16 July 2019
Private and Confidential
Mr David Reid, HM Assistant Coroner for
Central Hampshire
Fiona Edwards
Chief Executive &
Lead for Frimley Integrated Care System
Chief Executive’s Office
Surrey and Borders Partnership NHS Foundation Trust
18 Mole Business Park
Leatherhead
KT22 7AD
E: Fiona.Edwards@sabp.nhs.uk
Dear Mr Reid
Re: Regulation 28 Report to Prevent Future Deaths (2)
Surrey and Borders Partnership NHS Foundation Trust Response
I am writing to respond to your Regulation 28 Report to Prevent Future Deaths (2), hereafter
referred to as ‘PFD’, issued on the 23 May 2019 following the inquest touching upon the
death of Sasha Forster. I would like to thank you for investigating this matter so thoroughly
and for bringing the matters of concern you have to our attention.
This letter has been signed by me, the Chief Executive of Surrey and Borders Partnership
NHS Foundation Trust (SABP), on behalf of the organisations listed below, the actions
outlined in this letter have been agreed by:
• Executive Director of Quality and Nursing on behalf of the Chief Executive, Hampshire
and Isle of Wight Clinical Commissioning Group Partnership
• Joint Accountable Officer, NHS Guildford and Waverley Clinical Commissioning
Group, NHS North West Surrey Clinical Commissioning Group and NHS Surrey
Downs Clinical Commissioning Group
• Chief Executive, Frimley Health NHS Foundation Trust
• Chief Executive, Royal Surrey County Hospital NHS Foundation Trust
• Chief Executive, Ashford and St. Peter’s Hospitals NHS Foundation Trust
• Chief Executive, Epsom and St. Helier University Hospitals NHS Trust
• Chief Executive, Surrey and Sussex Healthcare NHS Trust
• Chief Constable, Surrey Police
• Chief Constable, Hampshire Constabulary
The PFD outlined that evidence was received at the inquest that the hospitals and police
forces who had regular dealings with Sasha were not always aware of their powers and
responsibilities in relation to sections 17 and 18 of the Mental Health Act, or did not have
sufficient care planning in place to assist staff in taking appropriate actions when Sasha’s
section 17 leave had been revoked.
The PFD stated that clarification was required as to the actions that would be taken to
achieve the goals set out in a letter dated 22 May 2019 from the Deputy Chief Executive of
Surrey and Borders Partnership NHS Foundation Trust (SABP). This letter committed to the
development of joint working protocols across the system for the management of complex
absent without leave (AWOL) cases (cases where section 17 has been revoked and a
person is AWOL).
To respond to the PFD, a meeting was held on the 01 July 2019 between a number of the
key stakeholders named in the PFD. Below is a summary of the discussions and actions
that were agreed moving forwards. A further meeting will be held to discuss and evidence
dissemination of learning and training.
Section 17 & Section 18 Mental Health Act 1983 (MHA)
Section 17 leave provides authority for a person detained under the MHA to leave the
hospital, this may be to facilitate treatment at a different hospital, or it may form a part of their
recovery. It can be escorted, where they are accompanied by hospital staff, or unescorted,
where the person is allowed to leave the hospital without a member of hospital staff.
Where a person is on section 17 leave, and it comes to the attention of the responsible
clinician that it is necessary to revoke the person’s leave in the interests of the patient’s
health or safety or for the protection of others, they may by notice in writing given to the
patient, or to the person for the time being in charge of the patient, revoke their section 17
leave and recall the person to the hospital.1
The Mental Health Act Code of Practice states that
Hospitals should always know the address of patients who are on leave of absence
and of anyone with responsibility for them whilst on leave … The reasons for recall
should be fully explained to the patient and a record of the explanation included in the
patient’s notes.2
In an emergency where a person’s condition has rapidly deteriorated it is recommended that
the written notice is given in conjunction with returning the person to the ward. This can be
facilitated by those responsible for returning the person to hospital.3
If a person’s section 17 leave is revoked and they do not return to hospital they become
AWOL.4 This gives powers to any of the persons listed in section 18(1) to take the person
1 Mental Health Act 1983, section 17(4)
2 Mental Health Act Code of Practice, para 27.33 – 34.
3 Jones, R. (2018) Mental Health Act Manual. 21 Edn, p.138
4 Mental Health Act 1983, s18(1)(b)
Page 2 of 6
into custody and return them to hospital.
The Mental Health Act Reference Guide states at paragraph 25.23 that the following people
can exercise this power:
any staff of the [mental health] hospital
any approved mental health professional (AMHP) acting on behalf of a local authority,
or an approved social worker in Northern Ireland
any police officer (or other constable), or
any person authorised in writing by the managers of the hospital in which the person
is liable to be detained or of another hospital where the patient is required to reside as
a condition of leave, which includes someone authorised in writing on behalf the
managers by someone authorised by the managers to do so.
Therefore with written authority from SABP managers, or someone authorised to provide this
on their behalf, any person can take an AWOL person into custody and return them to
hospital. The written authority can be faxed or scanned, the original is not required.5
The authority to take a person into custody and use reasonable force to return the person to
hospital comes from section 137 of the Mental Health Act, this section does not give the
power to use force to enter premises to remove a person; in these circumstances section
135 should be used.
The only exception to this is outlined in section 17(1)(d) of the Police and Criminal Evidence
Act (PACE) (1984) which states that:
Subject to the following provisions of this section, and without prejudice to any other
enactment, a constable may enter and search any premises for the purpose […] of
recapturing any person whatever who is unlawfully at large and whom he is
pursuing…
It was considered by Lord Lowry6 that if a person who was lawfully detained went absent
without leave they were, by virtue of section 18(1), unlawfully at large for the purpose of
section 17(1)(d) of PACE. The pursuit, however short in time or distance, is considered to
have to be almost contemporaneous with the entry into the premises.7
Proposed recommendations
The recommendations below have been agreed following the meeting between the key
stakeholders on the 01 July 2019. They have been shared with and agreed by those who
were unable to attend.
5 Mental Health Act Code of Practice, para 28.6
6 D’Souza v Director of Public Prosecutions [1992] 4 All E.R. 545
7 Jones, R. (2018) Mental Health Act Manual. 21 Edn, p.597
Page 3 of 6
Systemwide
Long term
There is a long term goal to create a platform that will allow NHS organisations to have read
only access to key information pulled from a service user’s internal record keeping platforms.
Graphnet is currently being explored to provide an integrated care record across Surrey.
This will potentially be able to show that a person is currently detained in hospital allowing
other organisations to see their legal status, as well as associated risks. Were a system
such as this in place in early 2017 this would have allowed staff at the acute hospitals to
view Sasha’s legal status and contemporaneous care plans; this would have assisted their
decision making and meant that the system would have had read only access to the notes
from her interactions with other services.
Short term
In the short term the focus will be on care planning. It was clear in the evidence of Professor
Shaw (the expert instructed by the coroner) that Sasha’s community care plan was an
excellent tool, providing a scenario based care plan that was easy for staff to navigate and
implement. However, it was noted that this plan was not updated when Sasha moved into
inpatient services.
Where a person, who is a frequent user of services, moves from the community to inpatient
setting any care plan will be promptly reviewed, the revised plan will include signposting to
the appropriate legal frameworks that can be used in different scenarios if they abscond.
This will be facilitated through the Surrey High Intensity Partnership Programme and High
Intensity User Groups and will be made accessible to the emergency services, emergency
departments and other organisations as appropriate.
If the person is frequently admitted to inpatient services for short periods their care plan
should account for this and include guidance and a plan for when they are an inpatient.
The mental health training provided to emergency services, emergency department, police
and SABP staff will be reviewed to include an overview of section 17 and 18 of the MHA.
This should be proportionate to the frequency that each organisation is expected to come
across these cases and this will be determined by each organisation.
Surrey & Borders Partnership Foundation NHS Trust
Before section 17 leave is agreed there should be careful care planning, this is to include
consideration of the risk of the person becoming AWOL and discussion with the person who
uses our services, the person’s family, and those who provide the person with care and / or
support.
If a person is on section 17 leave, known to be high risk, and presents with risky behaviors,
early consideration should be given to contacting the Responsible Clinician (RC), or on call
psychiatrist, to discuss revoking the person’s leave.
Page 4 of 6
If the decision is made to revoke the person’s leave this should be documented in the
person’s notes before the SABP section 18 form or any other paperwork is completed (this
means it will be visible to others accessing the record on SystmOne). It is preferable for this
to be documented by the clinician who makes the decision to revoke the leave.
If a person is deemed to be AWOL and they are at their home address, or their location is
known, early consideration should be given to the practicalities of attending their address to
bring them back to the ward, this should be escalated to ward management early if there are
factors that are likely to complicate this.
If the person is known to frequent emergency departments, frequently call the emergency
services, or frequent another place where professionals are present, early consideration
should be given to providing those services with written authority to take the person into
custody and return them to the ward (they should be supported by SABP, the Police, and
ambulance services (NHS or private / secure), in doing this as appropriate).
A template letter has been developed for the revocation of section 17 leave and included in
the Trust’s Section 17 leave policy as an appendix. A template letter, or email, for the
provision of written authority to take a person into custody and return them to the ward will
be included in the AWOL policy as an appendix, this policy will be updated with the learning
from this PFD and presented to the SABP Policy Assurance Group by the end of September
2019. These templates will be available for SABP ward staff to complete, expediting the
process of revoking leave, or providing written authority for a person to be taken into
custody, and improving compliance with the Mental Health Act.
Police
Where a person who is suffering from a mental health condition and is under inpatient
services comes to the attention of the Police, communication between Officers and the ward
staff should be commenced as early as possible in the contact to confirm their legal status.
Where return to the ward is considered appropriate the Police should inform the ward that
this is being arranged and discuss the plan with the ward before the person’s care is passed
on to another person or service. If the person is known to be at risk of absconding it may be
appropriate for the hospital to revoke their section 17 leave and provide those who are
conveying them to hospital (if they are not the Police) with authority to do this under section
18(1).
If a person is a frequent user of blue light services and known to mental health services their
response plan should include signposting to the powers associated with being an inpatient.
This will assist staff who are unfamiliar with the Mental Health Act in knowing that they
should contact the ward to discuss the person’s current care plan (if there are concerns
about their presentation).
Acute Hospitals
Where a person who is suffering from a mental health condition and is under inpatient
services attends the Emergency Department (ED), communication between the hospital staff
Page 5 of 6
and the staff at the detaining hospital should be commenced as early as possible in the
contact to confirm their legal status.
If a person is a frequent attender to the ED and known to mental health inpatient services, a
multiagency care plan should be devised and this should include signposting to the powers
associated with being an inpatient. This will assist staff who are unfamiliar with the Mental
Health Act in knowing that they should contact the ward to discuss the person’s current care
plan (if there are concerns about their presentation).
Summary
The meeting held on the 01 July 2019 has led to a greater understanding across key
stakeholder’s senior leadership teams of the powers that are available to them when a
person detained under the MHA presents to their staff and is AWOL. A further meeting will
take place in three months, this will focus on what has been achieved so far and identify any
further actions or training needs that are required. A shared protocol is also in the process
of being drafted and it is anticipated this will be finalised at this meeting.
We hope the above reassures you that a large amount of work has taken place following the
receipt of your report and that all the named organisations are committed to continuing the
system learning, ensuring improved awareness of section 17 and 18, more robust
interagency working, and enhanced care planning for service users with complex needs who
are frequent users of blue light services.
Yours sincerely,
Fiona Edwards
Chief Executive
Page 6 of 6
Regulation 28: REPORT TO PREVENT FUTURE DEATHS (1) NOTE: This from is to be used after an inquest. REGULATION 28 REPORT TO PREVENT DEATHS THIS REPORT IS BEING SENT TO: 1. Chief Executive, Surrey and Borders Partnership NHS Foundation Trust 2. Chief Executive, Hampshire Clinical Commissioning Group Partnership 3. Joint Accountable Officer, NHS Guildford and Waverley Clinical Commissioning Group, NHS North West Surrey Clinical Commissioning Group and NHS Surrey Downs Clinical Commissioning Group 4. Chief Executive, Frimley Health NHS Foundation Trust 5. Chief Executive, Royal Surrey County Hospital NHS Foundation Trust 6. Chief Executive, Ashford and St. Peter’s Hospitals NHS Foundation Trust 7. Chief Executive, Epsom and St. Helier University Hospitals NHS Trust 8. Chief Constable, Surrey Police 9. Chief Constable, Hampshire Constabulary 10. The Rt. Hon. Matt Hancock MP, Secretary of State for Health and Social Care 1 CORONER I am David REID, HM Assistant Coroner for the coroner area of Central Hampshire. 2 CORONER’S LEGAL POWERS I 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 07/04/2017 00:00 I commenced an investigation into the death of Sasha Sabrina FORSTER aged 20. The investigation concluded at the end of the inquest on 23 May 2019. The conclusion of the inquest was that Sasha died as the result of suicide, following her deliberate ingestion of a fatal overdose of Propranol tablets. 4 CIRCUMSTANCES OF THE DEATH (1) Sasha was a young woman who had struggled for many years with a number of mental health disorders, and had been under the care of mental health services since early adolescence. Her diagnoses were: (i) (ii) (iii) severe Obsessive Compulsive Disorder; complex Post Traumatic Stress Disorder; Autistic Spectrum Disorder ( although the results of the assessment which confirmed this diagnosis were not available until after Sasha’s death ); traits of Emotionally Unstable Personality Disorder ( although this was strongly disputed by Sasha and her family ) (iv) (2) Sasha had a lengthy history of self-harm, both through cutting herself and through taking deliberate overdoses of paracetamol. More recently, she had taken a number of overdoses of Propranolol ( a drug which she had managed to source despite it not being prescribed to her, and which in overdose carried a significant risk of death ); one such overdose in January 2017 had resulted in her suffering a near-fatal cardiac arrest. (3) Sasha’s OCD meant that she remained at risk even when detained in hospital under the Mental Health Act 1983. This is because she felt compelled to refuse food or drink provided to her, and any resulting application of restraint to ensure forced feeding/hydration would prove extremely distressing and potentially damaging. As a result, Sasha having been detained under s.3 MHA 1983 following the near-fatal overdose in January 2017, those treating her sought to balance the risks she presented by granting her regular periods of s.17 leave, initially to allow her to leave the hospital ward for a fixed period of time so that she could buy her own food and drink, and latterly to allow her to stay overnight at home in an environment which she found less distressing, this being conditional on her returning to the ward at agreed times. (4) On occasions, however, Sasha’s behaviour whilst away from the ward on s.17 leave prompted her responsible clinician to revoke that s.17 leave, and require her to return to the ward. In those circumstances, legal responsibility for ensuring Sasha’s prompt return to the ward lay with Surrey and Borders Partnership NHS Foundation Trust ( SBP ). Whilst SBP could ask the police to assist in doing this, the police were not legally obliged to do so, and often would decline such requests. (5) On such occasions, SBP did not generally arrange for authorised persons to collect Sasha and return her to the ward, but would instead seek to rely on her mother returning her and, in order to secure Sasha’s agreement to this course, would agree not to insist on her immediate return. Sometimes, this would involve allowing Sasha to go home overnight and be brought to the ward the next day. (6) On occasions during such “negotiated extension” periods, Sasha would continue to self-harm ( both through cutting and taking overdoses ) or go missing from home, and therefore could not be returned to the ward as agreed. (7) Throughout the time during which she was granted s.17 leave, Sasha attended a number of different hospital Emergency Departments ( including the Royal Surrey County Hospital, Frimley Park Hospital and the Royal Berkshire Hospital, Reading, sometimes having self- harmed, sometimes because she was struggling with suicidal thoughts and wanted to speak to Psychiatric Liaison. Her reasons for choosing a particular hospital were not always predictable. 5 CORONER’S CONCERNS The MATTERS OF CONCERN are as follows: Evidence received at the inquest suggested that the various hospitals and police forces which had regular dealings with Sasha were not always aware of their powers and responsibilities towards her in circumstances when her s.17 leave was being revoked, or else had not agreed and, where required, updated a common plan of action to be followed in those circumstances. As a result, there was inconsistency in the actions taken when her s.17 leave had been revoked, which led to an increased risk that Sasha might act in such a way which would result in her death, whether intentionally or not. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you (and/or your organisation) have the power to take such action. In a letter to me dated 22.5.19 the Deputy Chief Executive of SBP wrote that SBP considered that “collaboration between partners to enhance the system’s understanding of the application of s.18 [ which relates to the revocation of s.17 leave ], using the Mental Health Act Code of Practice as a guide, is required.” He further stated that SBP intended to “commit to the development of joint working protocols across the system for the management of complex AWOL [ i.e. Absent Without Leave – where s.17 leave has been revoked ] cases.” Clarification is required as to the actions which you and/or your organisations intend to take in order to achieve the goals set out in that letter. 7 YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by 18 July 2019. 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 Chief Coroner and to the following Interested Persons: and to the Local Safeguarding Board (where the deceased was 18). 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 coroner, at the time of your response about the release or the publication of your response by the Chief Coroner. 9 David REID Assistant Coroner for SOUTHAMPTON AND NEW FOREST Dated: 23 May 2019
Regulation 28: REPORT TO PREVENT FUTURE DEATHS (1) NOTE: This from is to be used after an inquest. REGULATION 28 REPORT TO PREVENT DEATHS THIS REPORT IS BEING SENT TO: 1. , Chair of the General Medical Council 2. The Rt. Hon. Matt Hancock MP, Secretary of State for Health and Social Care 1 CORONER I am David REID, HM Assistant Coroner for the coroner area of Central Hampshire 2 CORONER’S LEGAL POWERS I 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 07/04/2017 00:00 I commenced an investigation into the death of Sasha Sabrina FORSTER aged 20. The investigation concluded at the end of the inquest on 23 May 2019. The conclusion of the inquest was that Sasha died as the result of suicide, following her deliberate ingestion of a fatal overdose of Propranol tablets.: 4 CIRCUMSTANCES OF THE DEATH (1) Sasha was a young woman who had struggled for many years with a number of mental health disorders, and had been under the care of mental health services since early adolescence. Her diagnoses were: (i) (ii) (iii) severe Obsessive Compulsive Disorder; complex Post Traumatic Stress Disorder; Autistic Spectrum Disorder ( although the results of the assessment which confirmed this diagnosis were not available until after Sasha’s death ); traits of Emotionally Unstable Personality Disorder ( although this was strongly disputed by Sasha and her family ) (iv) (2) Sasha had a lengthy history of self-harm, both through cutting herself and through taking deliberate overdoses of paracetamol. More recently, she had taken a number of overdoses of Propranolol ( a drug which she had managed to source despite it not being prescribed to her, and which in overdose carried a significant risk of death ); one such overdose in January 2017 had resulted in her suffering a near-fatal cardiac arrest. (3) Sasha’s OCD meant that she remained at risk even when detained in hospital under the Mental Health Act 1983. This is because she felt compelled to refuse food or drink provided to her, and any resulting application of restraint to ensure forced feeding/hydration would prove extremely distressing and potentially damaging. As a result, Sasha having been detained under s.3 MHA 1983 following the near-fatal overdose in January 2017, those treating her sought to balance the risks she presented by granting her regular periods of s.17 leave, initially to allow her to leave the hospital ward for a fixed period of time so that she could buy her own food and drink, and latterly to allow her to stay overnight at home in an environment which she found less distressing, this being conditional on her returning to the ward at agreed times. (4) On occasions, however, Sasha’s behaviour whilst away from the ward on s.17 leave prompted her responsible clinician to revoke that s.17 leave, and require her to return to the ward. In those circumstances, legal responsibility for ensuring Sasha’s prompt return to the ward lay with Surrey and Borders Partnership NHS Foundation Trust ( SBP ). Whilst SBP could ask the police to assist in doing this, the police were not legally obliged to do so, and often would decline such requests. (5) On such occasions, SBP did not generally arrange for authorised persons to collect Sasha and return her to the ward, but would instead seek to rely on her mother returning her and, in order to secure Sasha’s agreement to this course, would agree not to insist on her immediate return. Sometimes, this would involve allowing Sasha to go home overnight and be brought to the ward the next day. (6) On occasions during such “negotiated extension” periods, Sasha would continue to self-harm ( both through cutting and taking overdoses ) or go missing from home, and therefore could not be returned to the ward as agreed. (7) The last such occasion when SBP staff on the ward decided that Sasha’s s.17 leave should be revoked was on the afternoon of her death on 31.3.17. Although formal revocation of leave was never finalised, Sasha’s mother was given to believe that it would be, and again reluctantly agreed to bring Sasha back to the ward. Whilst with her mother, Sasha was able to run off and take the substantial Propranolol overdose which proved to be fatal. 5 CORONER’S CONCERNS The MATTERS OF CONCERN are as follows: Evidence was heard at the inquest that after her treating psychiatrist had stopped prescribing her Propranolol, due to the risk of overdose, Sasha visited two private GPs at a clinic in London, on occasions two weeks apart. In each consultation Sasha: - requested Propranolol, on the basis that it was currently being prescribed to her for anxiety; - revealed a limited history of mental health issues; - failed to reveal either her extensive overdose history or the fact that her treating psychiatrist had stopped prescribing her Propranolol. Without details of Sasha’s GP or her treating psychiatrist, or her consent to contact them ( neither of which was given ), neither GP had the means of discovering her worrying psychiatric background. Had they had those means, it is likely that neither GP would have given her a 28 day supply of Propranolol. Whilst it could not be proven that the Propranolol prescribed by these GPs was the Propranolol used by Sasha for her final, fatal overdose, there remained at the time a considerable risk that she would so use it. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you (and/or your organisation) 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 18 July 2019. 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 Chief Coroner and to the following Interested Persons: ; and to the Local Safeguarding Board (where the deceased was 18). 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 coroner, at the time of your response about the release or the publication of your response by the Chief Coroner. 9 David REID Assistant Coroner for SOUTHAMPTON AND NEW FOREST Dated: 23 May 2019
Regulation 28: REPORT TO PREVENT FUTURE DEATHS (1) NOTE: This from is to be used after an inquest. REGULATION 28 REPORT TO PREVENT DEATHS THIS REPORT IS BEING SENT TO: 1 Chief Executive, Guildford and Waverley Clinical Commissioning Group 2 Chief Executive, North East Hampshire and Farnham Clinical Commissioning Group 3 Chief Executive, Surrey and Borders Partnership NHS 4 Foundation Trust The Rt. Hon. Matt Hancock MP, Secretary of State for Health and Social Care 1 CORONER I am David REID, HM Assistant Coroner for the coroner area of Central Hampshire 2 CORONER’S LEGAL POWERS I 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 07/04/2017 I commenced an investigation into the death of Sasha Sabrina FORSTER aged 20. The investigation concluded at the end of the inquest on 23 May 2019. The conclusion of the inquest was that Sasha died as the result of suicide, following her deliberate ingestion of a fatal overdose of Propranol tablets. 4 CIRCUMSTANCES OF THE DEATH (1) Sasha was a young woman who had struggled for many years with a number of mental health disorders, and had been under the care of mental health services since early adolescence. Her diagnoses were: (i) (ii) (iii) severe Obsessive Compulsive Disorder; complex Post Traumatic Stress Disorder; Autistic Spectrum Disorder ( although the results of the assessment which confirmed this diagnosis were not available until after Sasha’s death ); traits of Emotionally Unstable Personality Disorder ( although this was strongly disputed by Sasha and her family ) (iv) (2) Sasha had a lengthy history of self-harm, both through cutting herself and through taking deliberate overdoses of paracetamol. More recently, she had taken a number of overdoses of Propranolol ( a drug which she had managed to source despite it not being prescribed to her, and which in overdose carried a significant risk of death ); one such overdose in January 2017 had resulted in her suffering a near-fatal cardiac arrest. (3) Sasha’s OCD meant that she remained at risk even when detained in hospital under the Mental Health Act 1983. This is because she felt compelled to refuse food or drink provided to her, and any resulting application of restraint to ensure forced feeding/hydration would prove extremely distressing and potentially damaging. As a result, Sasha having been detained under s.3 MHA 1983 following the near-fatal overdose in January 2017, those treating her sought to balance the risks she presented by granting her regular periods of s.17 leave, initially to allow her to leave the hospital ward for a fixed period of time so that she could buy her own food and drink, and latterly to allow her to stay overnight at home in an environment which she found less distressing, this being conditional on her returning to the ward at agreed times. (4) On occasions, however, Sasha’s behaviour whilst away from the ward on s.17 leave prompted her responsible clinician to revoke that s.17 leave, and require her to return to the ward. In those circumstances, legal responsibility for ensuring Sasha’s prompt return to the ward lay with Surrey and Borders Partnership NHS Foundation Trust ( SBP ). Whilst SBP could ask the police to assist in doing this, the police were not legally obliged to do so, and often would decline such requests. (5) On such occasions, SBP did not generally arrange for authorised persons to collect Sasha and return her to the ward, but would instead seek to rely on her mother returning her and, in order to secure Sasha’s agreement to this course, would agree not to insist on her immediate return. Sometimes, this would involve allowing Sasha to go home overnight and be brought to the ward the next day. (6) On occasions during such “negotiated extension” periods, Sasha would continue to self-harm ( both through cutting and taking overdoses ) or go missing from home, and therefore could not be returned to the ward as agreed. 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. – (1) Evidence was given during the inquest by SBP staff on the ward concerned, that the reason SBP staff did not arrange to collect Sasha and return her to the ward when her s.17 leave had been revoked, was that they did not have the resources to allow them to do this, despite it being their legal responsibility so to do. (2) Sasha’s mother gave evidence that SBP’s reliance on her bringing Sasha back to the ward when s.17 leave had been revoked, placed an unfair and intolerable burden on her, in circumstances when she and the rest of the family were struggling to keep Sasha safe. Knowing that SBP would not send someone out to collect Sasha made her feel that she had no choice but to agree to their request. (3) The last such occasion when SBP staff on the ward decided that Sasha’s s.17 leave should be revoked was on the afternoon of her death on 31.3.17. Although formal revocation of leave was never finalised, Sasha’s mother was given to believe that it would be, and again reluctantly agreed to bring Sasha back to the ward. Whilst with her mother, Sasha was able to run off and take the substantial Propranolol overdose which proved to be fatal. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you ( and/or your organisations ) have the power to take such action. SBP has a legal responsibility to arrange for the return to hospital of patients whose s.17 leave they have revoked. If resources are not provided to allow them to fulfil this legal responsibility, there is a risk that future patients, whose s.17 leave has been revoked and who remain at risk of self-harm or suicide whilst in the community, will find the opportunity to act in such a way as results in their death, whether intentionally or not. 7 YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by 18 July 2019. 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 Chief Coroner and to the following Interested Persons: Gavin Stephens, Chief Constable of Surrey Police; Olivia Pinkney, Chief Constable of Hampshire Constabulary. and to the Local Safeguarding Board (where the deceased was 18). 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 coroner, at the time of your response about the release or the publication of your response by the Chief Coroner. 9 David REID Assistant Coroner for SOUTHAMPTON AND NEW FOREST Dated: 23 May 2019
a From Nadine Dorries MP’ Parliamentary Under Secretary of State for Mental Health, Department Suicide Prevention and Patient Safety of Health & Social Care 39 Victoria Steet SW1H OEU 020 7210 4850 Our Ref: PFD-1178134 David Reid HM Assistant Coroner, Central Hampshire HM Coroner’s Office Castle Hill The Castle Winchester, S023 8UL : 03 September 2019 \ » Yew Dor / Thank you for your correspondence of 23 May to Matt Hancock about the death of Sasha Sabrina Forster. I am replying as Minister with responsibility for mental health 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 Ms Forster’s death. I can appreciate this must be a very distressing time for her family and loved ones and I offer my sincerest condolences. Where concerns are raised about the standard of care provided, we must do all we can to learn from those incidents and make improvements where they are necessary and I am grateful to you for bringing these concerns to my attention. You issued three separate Prevention of Future Deaths Reports to the Secretary of State and others, with matters of concern around leave of absence from hospital and revocation of that leave (sections 17 and 18 of the Mental Health Act 1983'), as well as access to patient records across private GP practitioners. I will respond to each area of concern in turn. In relation to leave of absence from hospital, you may wish to note that the Department does not agree that care providers have a legal responsibility to arrange for the return to hospital of patients whose section 17 leave has been revoked. Section 18 of the Mental Health Act gives hospitals the power to take a patient into custody for return to the hospital or place of treatment. However, it does not place a legal responsibility on hospitals to arrange this. As such, it is for care providers to decide on the best way to facilitate such returns from within the resources available to them. Section 18 of the Mental Health Act 1983 sets out that, where section 17 leave is revoked, the patient may be taken into custody and returned to the hospital or place of treatment by any approved mental health professional, any officer on the staff of the hospital, any constable, or any person authorised in writing by the managers of the hospital. The Department therefore expects care providers to ensure that those members of staff involved in the return of a patient following revocation of section 17 leave are aware of their powers and responsibilities towards that patient and that these are applied in a consistent manner. Wherever possible, all organisations involved in an individual’s care and safety should work together to ensure the safe and timely return and readmission of patients absent without leave. I hope this clarification is helpful. The Government remains committed to reforming mental health law and will publish a White Paper by the end of the year, which will set out the Government’s response, in full, to the independent review of the mental health act, and pave the way for new legislation. Turning to the matter of concern relating to the prescribing of propranolol. My officials have made enquiries and I am aware that the General Medical Council (GMC) has responded to you to explain that its prescribing guidance? is clear that a doctor must only prescribe when they have adequate knowledge of the patient’s health. This should involve making an assessment together with the patient of their condition and having, or taking, an adequate history. A patient’s consent to contact their GP should be sought if more information, or confirmation of the information available, is needed before prescribing. The GMC is confident that its guidance, when followed, ensures safe practice and protects patient safety. As you will know, the GMC is the independent regulator of medical doctors in the UK. All doctors must register with the GMC, hold a license to practise and meet set professional standards to work in the UK. The GMC guidance, Good Medical Practice’ describes what is expected of all doctors registered with the GMC, with supporting, explanatory guidance, Good Practice in Prescribing and Managing Medicines and Devices, expanding on this advice. A serious or persistent failure to follow the guidance may put a doctor’s registration with the GMC, and their licence to practice at risk. I hope this response is helpful. Kj 9 ae NADINE DORRIES
16 July 2019 Private and Confidential Mr David Reid, HM Assistant Coroner for Central Hampshire Fiona Edwards Chief Executive & Lead for Frimley Integrated Care System Chief Executive’s Office Surrey and Borders Partnership NHS Foundation Trust 18 Mole Business Park Leatherhead KT22 7AD E: Fiona.Edwards@sabp.nhs.uk Dear Mr Reid Re: Regulation 28 Report to Prevent Future Deaths (1) Surrey and Borders Partnership NHS Foundation Trust Response I send this letter on behalf of Surrey and Borders NHS Foundation Trust (SABP), North East Hampshire and Farnham Clinical Commissioning Group, and Guildford and Waverly CCG. We write in response to your Regulation 28 Report to Prevent Future Deaths (1), hereafter referred to as ‘PFD’, issued on the 23 May 2019 following the inquest touching upon the death of Sasha Forster. We would like to thank you for investigating this matter so thoroughly and for bringing the matters of concern you have to our attention. The PFD outlined that it was stated in evidence that a lack of resources prevented the return of Ms Forster to Farnham Road Hospital (FRH) by SABP staff, despite it being our legal responsibility to do this; that Ms Forster’s mother gave evidence that the Trust’s reliance on her returning Ms Forster to the ward placed an unfair and intolerable burden on her; and that although Ms Forster’s leave was not formally revoked on the day she died, her mother was given to believe that it would be and therefore reluctantly agreed to return Ms Forster to the ward. In your report you stated that the below action should be taken: [SABP] has a legal responsibility to arrange for the return to hospital of patients whose s.17 leave they have revoked. If resources are not provided to allow them to fulfil this legal responsibility, there is a risk that future patients, whose s.17 leave has been revoked and who remain at risk of self-harm or suicide whilst in the community, will find the opportunity to act in such a way as results in their death, whether intentionally or not. Our response Where a person who uses our services is absent without leave (AWOL) (where their section 17 leave has been revoked and they have refused to return to the ward), their location is known, and they are not posing a risk to themselves or others, we agree that it is the Trust’s responsibility to arrange for them to be returned to the ward by SABP staff; in line with our Absent Without Leave Missing Persons Policy. Staff have access to the hospital pool car, taxi services, or secure / NHS ambulance transport in order to facilitate the return of a person who is AWOL to the ward, depending on what is considered to be most appropriate in the circumstances, following a risk assessment. However, this will cause a reduction in the numbers of staff on the ward if we use staff on working on shift and may put other vulnerable patients at risk. The Trust therefore has the following mechanisms currently in place to manage this situation: 1. All people who use our services are risk assessed on admission and throughout their time in our services and reviewed daily by the staff. If a person is assessed as a high AWOL risk, this should be reflected in their section 17 care plan. Our section 17 policy has recently been revised to ensure that section 17 care planning is more robust. We have devised a new section 17 leave form, which must be signed by both the Responsible Clinician and a member of nursing staff. This form requires the nurse to check that the patient has an up to date section 17 leave care plan and risk assessment before leave is granted. The form was reviewed by a Mental Health Act Reviewer from the Care Quality Commission before it was implemented. These individual risk assessments will then contribute to the overall assessment of ward risk and staffing levels of the ward. If a person is a high risk of AWOL, then extra staff will be allocated to the ward in order to manage this risk. 2. There is also a process for escalating any developing risk in the Trust, which should be followed in any situation where a risk has escalated beyond the boundaries of the Trust’s advance planning. This includes, for example, if a person is AWOL and needs to be returned to the ward, but there are insufficient staff to facilitate this. The escalation process is outlined below. Escalation of incident or risk. Incident occurs or risk escalates and this cannot be managed locally. The ward manager and matron is contacted (in hours), or the unit coordinator is contacted (out of hours). The manager on call is contacted. The director on call is contacted. Therefore, if there are sufficient staff to return a person who is AWOL (and whose whereabouts are known) to the ward, the above escalation process should be put into action. In the first instance, this will mean escalation to the ward manager and matron of the hospital, who will be able to move staff from other wards to support the staff on the ward where the person is AWOL from until they are returned. Out of hours, the manager on call can be contacted, who will be able to facilitate the mobilisation of other staff in the organisation to assist. This would include staff from our home treatment teams (who are connected to our inpatient services) and our community teams. If there are difficulties in reaching the manager on call, or it is not possible to mobilise staff from other teams, the director on call can be contacted, who will be able to mobilise managers to support the ward and / or facilitate the return of the person who is AWOL. It would be impractical for SABP to have extra staffing on each ward on a shift by shift basis for the purpose of being available to return people who are AWOL and whose whereabouts are known, particularly as this is an uncommon occurrence. All our Wards comply with National Safe Staffing standards. The above contingency plan allows us to manage our resources effectively and to ensure that staff can be mobilised in order to safely return an AWOL patient to the ward. This Inquest has highlighted that not all staff are aware that the above risk escalation process should be followed in the event that a person is AWOL and needs to be returned to the ward. We take full responsibility and we will therefore update our AWOL Policy with a clear process map that outlines how concerns about a person who is AWOL should be escalated by September 2019. Thereafter, this will be shared with staff and added to the section 17 competency framework to ensure awareness of the process. I hope that the above reassures you that there is a process in place to facilitate the return of AWOL inpatients to the ward and that the Trust is committed on an ongoing basis to provide training through local induction to our staff and ensuring they are aware of the policy and process they should follow when a person is AWOL. Yours sincerely, Fiona Edwards Chief Executive Surrey and Borders Partnership NHS Foundation Trust Emma Boswell Executive Director of Quality and Nursing (on behalf of the Chief Executive Officer) North East Hampshire and Farnham CCG Matthew Tait Chief Officer Surrey Heartlands Integrated Care System
2 July 2019 By email: Rhiannon.Warner-Harvey@hants.gov.uk Rhiannon Warner-Harvey Coroner’s Service Manager Coroner’s Office Castle Hill The Castle Winchester SO23 8UL Dear Ms Warner-Harvey Thank you for your recent correspondence in which you notified us of the sad passing of Ms Sasha Sabrina Forster; and, provided us with Mr Reid’s Regulation 28 Report. Within the report you explained that prior to her death Sasha had managed to obtain Propranolol from two private GPs having falsely stated that she was currently being prescribed the medication; and, having only revealed a limited history of her mental health issues and without disclosing her extensive overdose history. Our remit and guidance The GMC is the regulator of doctors within the UK and our role is to protect patients and improve medical education and practice. As part of our role we are responsible for setting the standards that doctors need to follow throughout their career and to take action when doctors fall below these standards to the degree warranting action upon their registration. The GMC publishes these standards within our ethical guidance consisting of Good Medical Practice (2013) and a number of supplemental publications which expand upon these standards. The full suite of our ethical guidance can be accessed via our website: https://www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors With regards to prescribing, the GMC’s guidance is clear that a doctor must only prescribe when they have adequate knowledge of the patient’s health. This will involve making an assessment, together with the patient, of their condition and having, or taking, an adequate history. Our guidance goes on to explain that if the patient has not been referred to the doctor by their general practitioner they should ask for the patient’s consent to contact their GP if they need more information or confirmation of the information they have before prescribing. If the patient objects, the doctor should explain that they cannot prescribe for the patient. I have enclosed extracts of the relevant sections of our ethical guidance at Annex A of this letter; and, we consider that this guidance, when followed, ensures safe prescribing and protects patient safety. Conduct of individual doctors When a doctor fails to adhere to our ethical guidance the GMC must establish whether our threshold for investigation has been met; namely, whether the doctor’s conduct, if proven, is capable of amounting to impaired fitness to practise to a degree warranting action on their registration. Whilst you have noted that it cannot be established that the Propranolol prescribed by the private GPs in London was used by Sasha for her final, fatal, overdose it would appear there is a question as to whether the doctors concerned have adhered to our guidance. As such, I have passed the information you have provided us with to an Assistant Registrar (a decision maker) to determine whether the threshold for investigation has been met. If the Assistant Registrar has insufficient information upon which to reach a decision, they may make contact with your office under separate cover to request additional information/documentation. Publication I note that the Chief Coroner may publish our response in complete or redacted or summary form. For reasons of fairness, the fact that the GMC is considering whether to open an investigation is not something which is ordinarily made public at this stage. Accordingly, in the event there is any information in the public domain through which either of the two doctors may be identified, the Chief Coroner may consider it would not be appropriate to publish this part of our reply. I hope you find this letter helpful and I would be happy to take your call if you wish to discuss these matters further. Yours sincerely Joanna Farrell Assistant Director of Investigation General Medical Council, 3 Hardman Street, Manchester, M3 3AW Website: www.gmc-uk.org Telephone: 0161 923 6507 Email: joanna.farrell@gmc-uk.org 2 Annex A – GMC Guidance Explanation of terminology We use the terms ‘you must’ and ‘you should’ in the following ways. • ‘You must’ is used for an overriding duty or principle. • • 'You should’ is used when we are providing an explanation of how you will meet the overriding duty. 'You should’ is also used where the duty or principle will not apply in all situations or circumstances, or where there are factors outside your control that affect whether or how you can follow the guidance. Our Guidance Good medical practice (2013) 16 In providing clinical care you must: a. prescribe drugs or treatment, including repeat prescriptions, only when you have adequate knowledge of the patient’s health, and are satisfied that the drugs or treatment serve the patient’s needs. b. provide effective treatments based on the best available evidence f. check that the care or treatment you provide for each patient is compatible with any other treatments the patient is receiving, including (where possible) self- prescribed over-the-counter medications Good practice in prescribing and managing medicines and devices (2013) 14 You should prescribe medicines only if you have adequate knowledge of the patient’s health and you are satisfied that they serve the patient’s needs. 21 Together with the patient, you should make an assessment of their condition before deciding to prescribe a medicine. You must have or take an adequate history, including: a. b. any previous adverse reactions to medicines recent use of other medicines, including non-prescription and herbal medicines, illegal drugs and medicines purchased online, and 3 c. other medical conditions. 22 You should encourage your patients to be open with you about their use of alternative remedies, illegal substances and medicines obtained online, as well as whether in the past they have taken prescribed medicines as directed. 32 If you prescribe for a patient, but are not their general practitioner, you should check the completeness and accuracy of the information accompanying a referral. When an episode of care is completed, you must tell the patient’s general practitioner about: a. changes to the patient’s medicines (existing medicines changed or stopped and new medicines started, with reasons) b. length of intended treatment c. monitoring requirements d. any new allergies or adverse reactions identified,12unless the patient objects or if privacy concerns override the duty, for example in sexual health clinics. 33 If a patient has not been referred to you by their general practitioner, you should also: a. consider whether the information you have is sufficient and reliable enough to enable you to prescribe safely; for example, whether: i. you have access to their medical records or other reliable information about the patient’s health and other treatments they are receiving ii. you can verify other important information by examination or testing b. ask for the patient’s consent to contact their general practitioner if you need more information or confirmation of the information you have before prescribing. If the patient objects, you should explain that you cannot prescribe for them and what their options are. 4
See every Prevention of Future Deaths report matching Suicide (from 2015), and how often a new one appears.
What would an alert for this have sent me? Search the full text
Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.
These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.