Prevention of Future Deaths reports · 2019

Ezra Boulton

Regulation 28 report to prevent future deaths, reference 2019-0222, written 1 Jul 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report1 Jul 2019
Reference2019-0222
DeceasedEzra Boulton
CoronerSamantha Marsh
Coroner areaPortsmouth and South East Hampshire
CategoryChild Death (from 2015) · Hospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

ANNEX A

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS

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

1. The Chief Executive, Portsmouth Hospitals Trust
2. The Director of Midwifery and Maternity, Portsmouth Hospitals Trust

1 | CORONER

lam Samantha Marsh, Assistant Coroner for the Coroner area of Portsmouth and South
East Hampshire.

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 21% May 2018 | commenced an investigation into the death of Ezra James
BOULTON aged 2 months. The investigation concluded at the end of the inquest on 21s
June 2019. The conclusion of the inquest was "At about 1am on the 20" May 2018 Ezra
James BOULTON was removed from his mother where they had been co-sleeping
together on the sofa. Ezra was found to not be breathing. Paramedics attended and
commenced CPR and Ezra was subject to a 'scoop and run' and was conveyed
immediately to the Accident and Emergency Department at the Queen Alexandra
Hospital where a full team were waiting to receive him. Despite the full range of medical
interventions and resuscitation attempts being given it became apparent that his
presentation was incompatible with life and further resuscitation attempts would be futile.
Ezra was pronounced dead at 02:05am. On the balance of probabilities the suboptimal
sleeping position on the sofa, which may have been influenced by alcoho! consumption,
and the missed opportunities to remove him to a safe sleeping environment caused or
contributed to his death.”

4 | CIRCUMSTANCES OF THE DEATH

Somewhere between 22.00 and 23.30 hours on the 19" of May 2018 Ezra and his
mother fell asleep on the sofa, co-sleeping. Ezra's mother had been consuming alcohol
throughout the day. At around 01.00 hours on the 20" of May 2018 Ezra's father
removed him from under his mother's arm and tried to wake him for his night-time bottle
and discovered Ezra to be cold and lifeless. Paramedics attended, performed a scoop
and run, and conveyed Ezra to the ED at QAH. Despite the full range of medical
treatment being given it was not possible to revive Ezra and he was pronounced dead at
02.05 that morning.

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) At Ezra's Inquest | was told in evidence that throughout her pregnancy (this
being her first pregnancy) EE (Ezra's mother) did not see the same
midwife twice. | believe that there should be some level of continuity of care in
antenatal appointments to ensure that all of the necessary checks are
preformed and appropriate antenatal advice is shared with the mother.

| was also heard that own personal pregnancy was uneventful but |
am concerned that the distinct lack of continuity of care appears to expose a risk
that should there be any abnormalities and/or risk factors to either mother or
baby as the pregnancy develops, that these have the potential to be missed;
either entirely misses or not properly communicated to whichever midwife
conducts the next antenatal appointment, causing significant risk to both mother
and baby. | believe that there is a serious risk of future death posed by this lack
of continuity of care.

(2

SS

(3

=

At Ezra's inquest | was told that as baby had been delivered safely with no
significant injuries to mum (i.e. no significant tearing or blood loss) that the
family were encouraged to leave fairly rapidly. On discharge, the focus of
information sharing and care was distinctly focused on after-care for the mother.
The family did not recall being given any information directly on safe-sleeping;
either at antenatal appointments or at a post-natal stage from any midwife or.
Health Visitor. Any information they were given was provided almost as an
after-thought and given in the form of a leaflet which it was suggested that they
read. | was told that the first HV appointment the family received was
approximately seven weeks after Ezra had been born. | believe that making safe
sleeping information readily available to all parents at an early stage may
significantly reduce the risk of future infant deaths due to co-sleeping.

(4) | also heard that midwives are unaware that causing the death of an infant due
to co-sleeping becomes an automatic criminal offence of "overlay" (under
section 1(2) of the Children and Young Persons Act 1933) if alcohol and/or
drugs are involved. | believe that making this information readily available to
midwifery practitioners may reduce the risk of future infant deaths due to co-
sleeping but may also reduce the need for Police involvement (with a view to
prosecution) in what is already a tragic time for a family who have lost their
child.

par

ACTION SHOULD BE TAKEN

in my opinion action should be taken to prevent future deaths and | believe you and/or
your organisation have the power to take such action.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 26 August 2019. |, 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;

NOK, Hampshire Police, Detective Chief Inspector EEE head of Child Abuse
Investigation Team, Southampton Police Station, SO15 1AN and to the Portsmouth
MASH, Civic Offices, Portsmouth, PO1 2BG.

[have also sent it oO of Child and Adolescent Services Portsmouth NHS

Trust, who may find it useful or of interest.
| am also under a duty to send the Chief Coroner a copy of your response.

The Chief Coroner may publish either or both in a complete or redacted or summary
form. He may send a copy of this report to any person who he believes may find it useful
or of interest. You may make representations to me, the coroner, at the time of your
response, about the release or the publication of your response by the Chief Coroner.

Oo} Jory Zo} Samantha Marsh ID)

Responses

1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Portsmouth Hospitals NHS Trust (PDF)
NHS

Portsmouth Hospitals
NHS Trust

Trust Headquarters

Mark Cubbon
. . F Level, Queen Alexandra Hospital
Chief Executive Southwick Hill Road
Cosham
PORTSMOUTH, PO6 3LY
Tel: 023 9228 6877
MS S Marsh
Assistant Coroner for Portsmouth & South East Hampshire
The Coroner’s Court

1 Guildhall Square
Portsmouth PO1 2GJ

16 August 2019
Our Ref: MC/JH/Q13/19
Dear Ms Marsh

Regulation 28: Report to Prevent Future Deaths, concerns arising out of evidence heard at the Inquest
into the death of Ezra James Boulton

Following the inquest into the death of Ezra James Boulton, which was concluded on 21s! June, you issued a
regulation 28 report addressed to myself and the Director of Midwifery and Maternity at Portsmouth Hospitals
NHS Trust (PHT), asking us to respond to a list of 4 concerns. Those concerns have been taken from your
report dated 1s! July 2019 and are listed below followed in each case by our answers on behalf of Portsmouth
Hospitals NHS Trust (PHT).

(1) At Ezra’s Inquest_I was told in evidence that throughout her pregnancy (this being her first
pregnancy) (Ezra’s mother) did not see the same midwife twice. | believe that there
should be some level of continuity of care in antenatal appointments to ensure that all of the
necessary checks are preformed and appropriate antenatal advice is shared with the mother.

Nice Guidance “Antenatal care for uncomplicated pregnancies” CG62 sets out at Appendix D a schedule of
appointments which should be provided for women with uncomplicated pregnancies. The requirement is for 10
appointments for nulliparous women and 7 for parous women. The schedule sets out in detail which checks
and advice should be provided at each of the appointments. Each patient has their own hand held notes which
are retained by them and brought to every antenatal appointment. As such each healthcare professional who
meets a woman will have access to all the information they need to enable them to ensure that all necessary
checks are performed and appropriate advice is shared with them.

“Better Births: Improving outcomes of maternity services in England - A Five Year Forward View for maternity
care” (Better Births) published by NHS England in 2016 sets out a number of key recommendations for
improvement in maternity care. This includes a move towards personalised care and the aim of every woman
having her own midwife, who is part of a small team of midwives, based in the community, who can provide
continuity throughout her pregnancy. Annex B of the “NHS Operational Planning and Contracting Guidance
2019/20" (NHSE) has set a national aspiration to increase the number of women receiving continuity of the
person caring for them during pregnancy, birth and postnatally so that by March 2020, 35% of women will be
booked onto a continuity of carer pathway, PHT is on track to achieve the target of 35% of women being
booked on the pathway by March 2020.

As a first step towards achieving this, PHT is setting up 2 continuity of carer pathway teams, of 6-8 community
midwives, with each midwife having a caseload of approximately 40 women. This will enable these women to
have a named midwife and a “buddy” who will coordinate care throughout the antenatal, birth and postnatal
period. The first team will be in place by the end of August with the second team being established towards the
end of 2019.

Those patients who have more complex pregnancy needs such as those with diabetes and multiple birth
pregnancies already receive continuity of care because they have their antenatal appointments carried out in
the hospital environment with a small team of specialised staff.

(2) | also heard that Ns own personal pregnancy was uneventful but | am concerned that the
distinct lack of continuity of care appears to expose a risk that should there be any abnormalities
and/or risk factors to either mother or baby as the pregnancy develops, that these have the
potential to be missed; either entirely missed or not properly communicated to whichever midwife
conducts the next antenatal appointment, causing significant risk to both mother and baby, |
believe that there is a serious risk of future death posed by this lack of continuity of care.

As stated above, PHT is striving to achieve the model of continuity of care for women set out in Better Births,
the aim of which is to provide hands on care for the woman and her baby with greater coordination and the
development of a relationship between the woman and the midwife caring for her and her baby.

There is already in place a well established process which seeks to ensure that abnormalities and risks are
picked up during pregnancy. Each woman has her own handheld notes which are taken to every antenatal
appointment and all checks and assessments are recorded in them. This information is therefore available to
every healthcare professional caring for the woman during the course of her pregnancy. The NICE guidance
referred to in answer to concern 1 above sets out in detail the appropriate checks for assessment for each
antenatal appointment depending on the stage of the pregnancy. Every midwife employed by PHT is very
familiar with the format of the notes and the checks and assessments required at each stage of the pregnancy.
They are expert practitioners in normal pregnancy and birth and are trained to pick up any deviation from
normal and escalate as appropriate. Women are also given details of the maternity assessment unit at PHT
which they can contact for support and advice if they are concerned about the progress of their pregnancy and
if needed they will then be asked to attend hospital for clinical assessment.

(3) At Ezra’s inquest | was told that as baby had been delivered safely with no significant injuries to
mum (i.e. no significant tearing or blood loss) that the family were encouraged to leave fairly
rapidly. On discharge, the focus of information sharing and care was distinctly focused on after-
care for the mother. The family did not recall being given any information directly on safe-
sleeping; either at antenatal appointments or at a post-natal stage from any midwife or Health
Visitor. Any information they were given was provided almost as an after-thought and given in the
form of a leaflet which it was suggested that they read. | was told that the first HV appointment the
family received was approximately seven weeks after Ezra had been born, | believe that making
safe sleeping information readily available to all parents at an early stage may significantly reduce
the risk of future infant deaths due to co-sleeping.

PHT has a discharge checklist sticker which is placed in the woman's medical records following birth and
includes “safe sleeping” and must be ticked by the midwife on discharge to confirm that the woman has been
advised about safe sleeping. There is also a safe sleeping leaflet which is usually given to women on
discharge as part of a package of advice leaflets. However, The Hampshire Safeguarding Children’s Board is
currently reviewing the Safe Sleeping Leaflet with a view to producing a more engaging version that raises the
profile of this important issue.

In the meantime, on discharge after birth, PHT midwives are giving women a separate photocopy of page 9 of
the Child Health Record (red book) which contains advice about safe sleeping as well as details of the Lullaby
Trust and NHS Choices where further advice can be obtained. This handheld book is normally given to women
by their health visitor and not PHT midwives,

Generally speaking the post natal care of women is handed over to the Health Visitor Service at around day 10
post birth, which is extended to up to 28 days where the woman has additional need for midwifery support.
The Health Visitor Service is provided by Solent NHS Trust and | am therefore unable to provide any further
information about those visits.

(4) | also heard that midwives are unaware that causing the death of an infant due to co-sleeping
becomes an automatic criminal offence of “overlay” (under section 1(2) of the Children and Young
Person’s Act 1933) if alcohol and/or drugs are involved. | believe that making this information
readily available to midwifery practitioners may reduce the risk of future infant deaths due to co-
sleeping but may also reduce the need for Police involvement (with a view to prosecution) in what
is already a tragic time for a family who have lost their child.

We recognise the importance of ensuring that midwifery staff are familiar with the components of the criminal
offence of “overlay” and in response to your comments the Director of Midwifery and Matemity has emailed all
midwives and neonatal nursing, medical and support staff to alert them to that definition.

With regard to your concems about Police involvement, the “Sudden unexpected death in infancy and
childhood - Multi — agency guidelines for care and investigation” published in November 2016 sets out
guidelines on the multi-agency approach to investigating unexpected deaths in childhood and infancy and
includes a requirement at paragraph 2.4 that the “Police should be contacted as soon as possible after the
arrival of the infant in the emergency department, if this has not already been done.” In those circumstances it
is impossible to avoid Police involvement. However the guidelines also stress the importance of ensuring that
these situations are handled with sensitivity for the grieving family, which is of course always a primary
consideration for this organisation.

| hope that this response provides you with the reassurance you require that the issues you have raised are
already priorities for the Trust but please do not hesitate to contact me if you require further clarification on any
of the information provided.

Yours sincerely

Wn 2

Mark Cubbon
Chief Executive

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