Prevention of Future Deaths reports · 2020

Harry Richford

Regulation 28 report to prevent future deaths, reference 2020-0117, written 3 Feb 2020. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report3 Feb 2020
Reference2020-0117
DeceasedHarry Richford
CoronerChristopher Sutton-Mattocks
Coroner areaNorth East Kent
CategoryChild Death (from 2015) · Hospital Death (Clinical Procedures and medical management) related deaths
Organisation namedEast Kent Hospitals University NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

IN THE NORTH EAST KENT CORONER'S COURT 

In the matter of the inquest touching the death of HARRY RICHFORD 

A regulation 28 report- ACTION TO PREVENT FUTURE DEATHS 

This report is being sent to:-  

The Secretary of State for Health 

NHS England 

The Chief Coroner 

The East Kent Hospitals NHS Foundation Trust 

(‘the East Kent Trust’) 

The Royal College of Obstetricians and 

Gynaecologists 

The Care Quality Commission 

The General Medical Council 

1. Coroner:-  Christopher  Sutton-Mattocks,  HM  Assistant  Coroner  for  North

East Kent.

2.

I  make  this report  under paragraph  7  (1) of Schedule 5  to the  Coroners and

Justice Act 2009.

3. The  inquest  into  the  death  of  Harry  Richford  was  opened  and  adjourned  on

3/9/18.   It was resumed on 6/1/20 and concluded on 24/1/20

1 

 
 
 
 
 The  cause  of  death  was  1a  Hypoxic  Ischaemic  Brain  Encephalopathy. 

There was a narrative conclusion setting out some seven failures in the care 

of Harry Richford together with a conclusion that his death was contributed to 

by neglect. 

4.  The circumstances of the death:- 

Harry  Richford  was  born  at  the  Queen  Elizabeth  the  Queen  Mother Hospital 

(QEQM), Margate, Kent on 2/11/17.  He died on 9/11/17 at the William Harvey 

Hospital, Ashford to where he had been transferred.  He was the first child of 

  both  of  whom  were  young,  fit  teachers.  When 

 was admitted to hospital for Harry's birth she was assessed as being 

at  low  risk.  She  was  admitted  on  31/10/17  at  18.55  and  placed  in  the 

midwifery  led  unit.  She  remained  there  until11.20  the  next  day  when  a 

decision  was  made  to  transfer  her  to  the  labour  ward  as  there  had  been  no 

progress since an examination four hours earlier. Due to decelerations on the 

monitoring  the  emergency  buzzer  was  pressed  at  11.57  and  she  was 

transferred  to  the  labour  ward.  She  remained  there  and  the  cardiotocaphy 

was  assessed  (CTG) and  syntocinon  was  prescribed  to  her  (syntocinon  is  a 

drug which can be used to induce labour). 

At  1.30  on  the  morning  of  the  2/11/17  the  CTG  had  become  pathological 

(CTG  readings  can  be  reassuring,  suspect  or  pathological).  With  a 

pathological  CTG  there  is  a  need  either  to  perform  a  foetal  blood  sample  (a 

small sample taken from the foetal scalp) to see  if the baby is acidotic, or to 

2 

 
 
 
 
 
 expedite delivery. According to the independent expert instructed by the court, 

,  a  consultant  obstetrician  and  gynaecologist  who  is 

President of the British Maternal and Foetal Medicine Society, the foetal blood 

sample should either have been taken immediately (and could have taken up 

to  20  minutes  for  analysis),or  the  delivery  of  Harry  should  have  been 

expedited.    In  any  event  Harry  should  have  been  delivered  urgently  at  2.00 

am  and,  at  the  most,  within  30  minutes.      He  was  not  in  fact  delivered  until 

3.32. 

  overall  interpretation  of  the  CTG  was  that  Harry  had  been  put 

under  stress  due  to  the  excessive  use  of  syntocinon  and  the  resulting 

hyperstimulation.    That  occurred  frequently  between  17.20  on  the  1st  to 

delivery  some  10  hours  later.  This  hyperstimulation  made  Harry  more 

susceptible to problems at delivery. 

Harry was delivered by a locum registrar on his third night of employment at 

the hospital. The registrar assessed and confirmed Harry was lying in an OP 

position.  An  OP  position  is  when  the  back  of  the  baby's  head  is  against  the 

mother's  back.  The  registrar, 

,  intended  to  attempt  to 

deliver  Harry  by  the  use  of  non  -rotational  forceps.  That  was,  in 

opinion,  unacceptable  and  sub-standard.  Had  he  actually  used  the  forceps 

there was a risk of traumatising both mother and baby. Fortunately, the blades 

did  not  lock  and  no  attempt  was  made  to  use  them.  The  registrar  then 

commenced  a  caesarean  section  delivery. He  asked  one  of  the  midwives  to 

push  Harry's  head  up  vaginally.  The  midwife  had  only  done  this  twice  in  11 

3 

 
   
 
 
 
 
 years. The registrar should, according to 

, have briefed the midwife 

how to do this as the baby's head needed to be de-flexed as well as pushed. 

He  should  also  have  requested  the  anaesthetist  to  have  the  drug  tocolysis 

available to  relax  the uterus.  The  registrar accepted  in evidence  that he had 

overlooked  tocolysis.  When  the  midwife  attempted  to  push  Harry's  head  up 

she had a difficulty in that the registrar's fingers were in the way.  The registrar 

then asked a GP trainee to extend the uterine incision. That instruction was, 

according  to 

,  completely  inappropriate.    The  incision  should  have 

been larger to begin with and, if not, then the registrar should have extended it 

himself.  In  the  event  the  GP  trainee  did  not  know  how  to  do  it.  All  of  these 

actions were indications to 

 that the registrar was inexperienced. 

This was a difficult caesarean section. It was clear that it would be in advance. 

  telephoned 

,  the  consultant  on  call  that  night. 

There is some discrepancy about the exact time, but it was between 2.10 and 

2.20. 

 if he wished her to attend. He replied 

by  telling  her  that  he  wanted  to  try  an  instrument  delivery  or  to  deliver  the 

baby  by  way  of  a  caesarian  section.  He  told  the  consultant  that  the  mother 

had been fully dilated since 23.55.  He said he was happy to deliver the baby 

himself. 

  was  not  asked  about his experience by 

or by anyone else. In their evidence 

 accepted that he had made 

a  misjudgement  in  not  asking  the  consultant  to  attend  and 

accepted that she should have attended earlier than she did. She arrived too 

late  to  assist  the  delivery  of  Harry  having  been  called  in  during  the  delivery 

itself  at  the  suggestion  of  one  of  the  midwives.  The  guidelines  published  by 

4 

 
 
 
 
 the  Royal  College  of  Obstetricians  and  Gynaecologists  state  that  the 

consultant  should  attend  in  person  or  should  be  immediately  available  if  the 

trainee has not been assessed for (inter alia) a trial of instrumental delivery in 

theatre or a caesarean section at full dilatation. 

No  one  at  the  East  Kent  Trust  appears  to  have  assessed 

.  He 

himself stated that he had never been assessed. The medical director of  the 

East  Kent  Trust  said  that  he  had  not  been  able  to  establish  who  had 

employed 

  and  there  was  no  record  of  any  assessment. 

 had only ever performed 3 such OP deliveries before and only one 

of them unsupervised. That, he said, was earlier in 2017 and had not been as 

difficult 

. 

When  Harry  was  delivered  at  3.32  he  appeared  to  all  intents  and  purposes 

lifeless. 

Mr  Taylor  stated  that  'but  for  the  failure  to  deliver  Harry  at  2.00  am  and 

expedite delivery in good hands I believe Harry would have been born in good 

condition and would have survived'.  

The  attempted  resuscitation  of  Harry  then  took  28  minutes  before  the 

anaesthetist  left 

  to  help  the  paediatric  team.  By  that  time  the 

damage  had  been  done.    A  second  expert  instructed  by  the  court  was 

, clinical lead for neonatology at University College Hospital.  He 

reported  that  'had  the resuscitation  afforded to  Harry  been  of an appropriate 

5 

 
 
 
 
 
 
 
 standard  he  would  have  almost  certainly  survived  and,  on  the  balance  of 

probabilities, had a normal neurological outcome'. 

The resuscitation team was led by 

. He was a relatively junior 

doctor. He accepted in his evidence that he should have called for assistance 

from his consultant, 

, earlier than he did once the resuscitation 

became  problematic  after  the  initial  intubation  had  failed.  The  atmosphere 

within the theatre during the attempted resuscitation was described as chaotic 

by  one  staff  nurse  and  as  'panic'  by  a  midwife.   

  agreed  in 

evidence that he had lost control and situational awareness. 

 gave his opinion as follows:- 

a)  There  was  an  unacceptable  delay  in  requesting  consultant 

support 

b)  An  unsecured  airway  was  handed  over  from  the  only  trained 

member  of 

the  neonatal 

resuscitation 

team 

to  an 

inexperienced  and  untrained  junior  doctor  without  the  skills 

required to support the airway and maintain ventilation  

c)  Due  to  the  failure  to  secure  an  airway  and  achieve  effective 

ventilation there was a prolonged period of postnatal hypoxia. 

This  continued  up  to  the  point  that  Harry  was  successfully 

intubated by the anaesthetist at around 28 minutes of life. 

d)  The  prolonged  period  of  postnatal  hypoxia  compounded 

Harry's  condition  at  birth  and  directly  resulted  in  hypoxic 

6 

 
 
 
 ischaemic  encephalopathy, 

irreversible  brain 

injury,  and 

Harry's subsequent death. 

  described  Harry's  condition  at  birth  as  being  within  the  normal 

range taken from the cord gases. He estimated that there had been a period 

of between 10-15 minutes after birth when, if properly ventilated, Harry would 

have not only survived but would have been likely to have had no irreversible 

brain injury. 

The  consultant  paediatrician, 

,  was  on  30  minutes  call  as  set  out  in 

her  contract.    She,  however,  habitually  slept  in  her  office  when  on  call.  She 

attended  within  10  minutes  of  being  contacted.  She  arrived  at  3.57.  The 

hospital  switchboard  had  the  wrong  consultant  listed  as  being  on  call  and  it 

was only on their third call that she was contacted. Time in resuscitation is of 

crucial importance according to 

During  the  resuscitation  no  one  was  keeping  a  note,  no  one  was  keeping  a 

log as to times and it has  proved impossible to determine who or how many 

people  were  present.  The  highest  estimate  was  20-  25  people  present.   

  described  that  if  he  had  been  presented  with  that  scenario  in  a 

training exercise, he would have failed them on a life support course. 

  arranged  for  Harry  to  be  taken  in  an  incubator  to  the  special  care 

baby unit and then to be transferred to the more specialist unit at the William 

Harvey  Hospital.  There  he  had  an  MRI  scan  and  specialist  advice  was 

7 

 
 
 
 
 
 
 
 received from 

.  There was no criticism of his care at the 

. He died there on the 9/11/17. 

Following Harry's death, the East Kent Trust noted Harry's death as 'expected' 

and  the  Coroner  was  not  informed.  Only  the  efforts  of  Harry's  family 

eventually brought his death to the attention of the Coroner. 

The  Coroner's  concerns:  -  there  are  a  number  of  concerns  and  I  intend  to 

set them out in respect of each recommendation. 

Concern 1 

 was recruited as a locum registrar by the Hospital Trust  without 

there appearing to have been any assessment of his skills and abilities or any 

supervision of him at  the  hospital.    This was  not an emergency  appointment 

after, for example, a doctor calling in sick at the last minute.  

 gave 

evidence  that  the  recruitment,  assessment  and  supervision  of  locums  is  a 

national problem and that there is a need for a review on a national level. This 

raises concerns that there may be a risk to other lives both at this trust and at 

other trusts in the future. 

Recommendation 1 

NHS  England  and  the  Royal  College  of  Obstetricians  and  Gynaecologists 

consider  a  review  at  a  national  level  into  the  recruitment,  assessment  and 

supervision  of  locum  on  obstetric  and  gynaecology  wards  together  with  the 

publication,  if  appropriate,  of  new  guidelines.  Particular  emphasis  should  be 

8 

 
 
 
 
 
 considered  upon  delineating  the  permitted  scope  of  locums'  activities  before 

they are left responsible for out of hours care of women in labour. 

Concern 2 

The current policy of the East Kent Trust states that it is the responsibility of 

the  healthcare  professional  who  will  be  supervising  the  locum  to  assure 

themselves of his/her competence. This did not happen in this case. There is 

at  present  no  requirement  for  a  locum  to  be  assessed  on  a  day  shift  by  a 

consultant  before  being  left  in  charge  overnight.  There  is  no  clear  direction 

that it is the responsibility of the assessing consultant to satisfy themselves of 

the  locum's  experience  and  capability.  One  specialist  from  outside  the  East 

Kent  Trust, 

,  also  stated  that  it  would  assist  the  assessing 

consultants to be able to see not only the locum's CV but also their references 

and any training records available. 

Recommendation 2 

The  East  Kent  Trust  should  consider  taking  action  to  ensure  that  there  is  a 

dedicated  consultant  responsible  for  reviewing  the  CVs  and  references  of 

prospective  new  locums  before  they  are  appointed  or  employed.    A  record 

should  be  kept  of  the  consultant  concerned  together  with  a  copy  of  the 

consultant's written opinion.  The East Kent Trust should also consider making 

the  locum's  CV,  references  and  training  records  (where  there  are  any) 

routinely available to all consultants with whom the locum will work.  Wherever 

possible a locum should be assessed by a consultant upon a day shift before 

being left in charge overnight. It is also recommended that the East Kent Trust 

9 

 
 
 
 should consider making it clear that it is the supervising consultant who is at 

all  times  responsible  for  ensuring  that  the  locum  working  under  their 

supervision is both competent and experienced for the role.  

Concern 3 

 had worked two night time shifts at the QEQM before the night of 

Harry's  birth.    The  extent  to  which  there  was  any  feedback  from  the 

consultants  on  call  those  two  nights  to 

  is  unclear.  She, 

erroneously, believed the East Kent Trust had employed 

.  

There is no record of any written feedback. From the evidence of the medical 

director  of  the  East  Kent  Trust  it  appears  that  the  current  locum  recruitment 

policy is not being checked or audited. There is a potential for further risks to 

life arising from these shortfalls. 

Recommendation 3 

Pending any possible review by NHS England and any new guidelines upon 

the assessment and recruitment of locum doctors it is recommended that the 

East  Kent  Trust  consider  taking  action  to  ensure  that  consultants  who  have 

supervised  a  locum  whether  on  a  day  or  a  night  shift  should  provide  written 

feedback upon the locum's competence and experience to be made available 

to  the  relevant  HR  team  at  the  East  Kent  Trust  and  also  to  any  other 

consultants who may be working with the locum in the future. The East Kent 

Trust should consider a review of its current procedures as to compliance with 

policies  on  the  recruitment  of  new  locums,  including  any  new  locum 

recruitment  checklist,  are  being  complied  with.    That  review  should  include 

10 

 
 
 
  
 consideration  of  whether there  should  be  a  regular audit  of  compliance.  The 

East  Kent  Trust  should  also  consider  a  review  of  its  current  procedures 

relating to the assessment and recruitment of locums to ensure that they meet 

all current professional guidelines. The East Kent Trust should also review the 

means  by  which  locums  have  access  to  all  their  policies  and  procedures 

including  the  need  for  the  escalation  of  care  to  the  consultant,  when 

necessary.  There  should  be  consideration  of  a  computer  sign  in  system  so 

that  there  can  be  a  check  that  the  locum  has  in  fact  seen  and  read  the 

policies. 

Concern 4 

There is a risk to the life of both mothers and babies if there is a lack of clarity 

as to the processes or the need to take prompt action where it is necessitated 

in the event of an obstetric concern or emergency developing. 

Recommendation 4 

There  should  be  consideration  of  a  review  by  the  East  Kent  Trust  of  the 

obstetric policies, procedures and protocols which relate to the actions which 

are  mandated  by  the  East  Kent  Trust  in  the  event  of  a  pathological 

intrapartum CTG including, specifically, those actions which are required, and 

the relevant time frame, when the 'expedition of delivery' is called for. 

Concern 5 

There  appeared  to  be  from  the  evidence  given  at  the  inquest  substantial 

confusion  amongst  staff  as  to  when  a  consultant  should  be  called  at  night. 

11 

 
 
 
 
 The  East  Kent  Trust  now  has  some  70  hours  a  week  consultant  attendance 

on  the  wards.  That  leaves  14  hours  a  day  when  there  is  no  consultant 

present.  Staff,  whether  doctors,  nurses  or  midwives  should  know  the 

circumstances in which consultant help should be sought and should not feel 

inhibited  from  making  their  views  known.    If  staff  are  unaware  or  unsure  of 

when the consultant should be called that  potentially poses a continuing risk 

to life. 

Recommendation 5 

The  East  Kent  Trust  should  consider  a  review  the  procedures  in  place  to 

ensure staff understand the circumstances in which consultant attendance is 

required and, if necessary, deliver specific training upon this issue 

Concern 6 

The current contracts at the East Kent Trust permit consultants to live up to 30 

minutes travel time from the hospital.  This poses considerable problems and 

risks for night time emergencies.  

Recommendation 6 

The East Kent Trust should consider research into any technological solutions 

which  could  be  found  to  assist  in,  or  ameliorate,  the  difficulties  of  on  call 

consultants living some distance away from the hospital, for instance the use 

of video link technology or skype connections to the theatres and/or computer 

terminal readouts from home. 

12 

 
 
 
 
 
 Concern 7 

The  evidence  of

  raised  substantial  concerns  about  the  quality  of 

training  and  learning  in  respect  of  neonatal  resuscitation  at  the  East  Kent 

Trust. His evidence was that it would be desirable for middle grade doctors to 

attend  the  ARNI  course  (the  advanced  resuscitation  of  the  new born  infant).  

He  also  recommended  that  there  should  be  simulated  drills  in  neo  natal 

resuscitation. 

Recommendation 7 

The East Kent Trust should consider a review of the current procedures for all 

relevant  staff  to  attend  regular  drills  and  simulation  training  events  covering 

neo  natal  resuscitation.  The  East  Kent  Trust  should  consider  whether  such 

training  should  be  mandatory and  that attendance  at  such  courses  is clearly 

recorded. 

Concern 8 

Prior to Harry's death both 

, a senior member of staff who 

had the care of Harry at the William Harvey Hospital, accepted that there were 

no  opportunities  for  cross  site  working  between  QEQM  and  the  William 

Harvey Hospital. Currently two out of eight middle grade doctors have had the 

opportunity  to  spend  time  at  the  William  Harvey,  which  has  a  much  higher 

specification  neo  natal  unit. 

  described  the  lack  of  opportunities 

before Harry's death as ‘at best, very surprising'. 

Recommendation 8 

13 

 
 
 
 
 The  East  Kent  Trust  should  review  the  provision  of  cross  site  paediatric 

working  so  as  to  ensure  that,  where  possible,  within  the  next  two  years  all 

middle  grade  doctors  who  aren't  on  the  “run  through  specialist  training 

programme in paediatrics” have spent a period of time at the level 3 William 

Harvey Hospital. 

Concern 9 

The resuscitation of Harry was eventually carried out by 

, the 

anaesthetist looking after 

.  His evidence was that leaving his 

own patient to help  the paediatric team was an unusual action to take in the 

UK although he had often performed such actions in Nepal. Doctors at QEQM 

indicated that there was an informal policy that if a middle grade paediatrician 

found  themselves  in  an  emergency,  they  could  seek  help  from  their 

anaesthetic colleagues. It was unclear whether the anaesthetists were aware 

of this informal policy.  This informal policy should be  clarified, and guidance 

given because there is a risk, that in an emergency, it will be overlooked. 

Recommendation 9 

The  East  Kent  Trust  should  consider  a  review  the  circumstances  in  which 

anaesthetists are expected to attend and assist neonatal emergencies and to 

ensure that all relevant members of staff are aware of the policies. 

Concern 10 

There appeared to be considerable confusion among members of staff as to 

which,  if  any,  guidelines  and  policies  affected  them.  While  two  senior 

14 

 
 
 
 
 members  of  staff, 

  (consultant),  said  that  the 

East Kent Trust has systems in place to ensure knowledge of and compliance 

with Trust policies neither of them was able to say whether this was effective. 

Significant issues remain as to the knowledge of staff as to which guidelines 

govern  their  behaviour  (this  was  also  a  finding  of  the  Health  and  Safety 

Investigation Board in 2019). Such confusion or lack of knowledge increases 

the risk of future deaths. 

Recommendation 10 

The  East  Kent  Trust  should  consider  a  review  of  obstetric  and  paediatric 

staff's awareness of the governing clinical and operational guidance. The East 

Kent  Trust  should  also  consider  keeping  a  register  of  when  and  if  every 

member  of  staff  signed  off  the  relevant  guidelines  as  read  and  understood.  

This could take place, for instance, at formal training sessions within the unit. 

Concern 11 

There was a lack of knowledge within the paediatric team of guidelines issued 

by the Department of Women's Health. The evidence from the East Kent Trust 

doctors  was  that  the  guidelines  issued  by  the  department  directed  to  'all 

maternity  and  neonatal  staff  who  may  be  involved  with  the  immediate  care 

and  support    of  a  collapsed  neonate'  would  not  have  been  known  to  the 

paediatric team at the relevant time.  Even senior clinicians, such as 

, 

were not aware of the relevant guidelines. 

Recommendation 11 

15 

 
 
 
 
 The East Kent Trust should consider taking action to ensure that the current 

neonatal  resuscitation  guidelines  are  brought 

to 

the  attention  of 

the 

neonatology  and  paediatric  teams  at  the  QEQM.    Guidelines  issued  by  one 

department, but which are relevant to staff in a different department should be 

disseminated  and  understood  by  those  staff.  This  could  take  place  during 

senior  management  meetings,  organised  cross  department  training  or 

electronically with the recipient confirming receipt, reading and understanding 

of the material. 

Concern 12 

The  placenta  of  Harry  was  not  retained.    Examination  of  the  placenta  will  in 

some  circumstances  assist  in  cases  of  severe  foetal  distress.  The  Royal 

College of Pathologists  states  that  it  is  'essential' for the  placenta  to  be  sent 

for examination in cases of severe foetal distress requiring admission to a neo 

natal unit. 

Recommendation 12 

The  East  Kent  Trust  should  consider  amending  its  neonatal  guidelines  to 

reflect  the  mandatory  nature  of  the  Royal  College  guidelines  to  ensure  that 

the placenta is always kept and sent for histology and a record should be kept 

of each and every such instance. 

Concern 13 

The  standard  of  record  keeping  on  the  obstetric  unit  was  substantially  sub  

standard.  The  quality  of  the  note  taking  and  records  is  of  considerable 

16 

 
 
 
 
 importance  to  new  staff  taking  over  responsibility  for  mother  and  baby. 

Without there being clear accurate records there is a risk of  further mistakes 

being made  leading,  at  the  worst, to  the  risk  of  death.  An example  of  this in 

Harry's case is that the record of the syntocinin prescribed to 

over  a  long  period  of  time  is  inconsistent  with  the  evidence  of  the  midwives 

and the registrar who gave it to her. 

Recommendation 13 

The East Kent Trust should consider an audit of the quality of record keeping 

and  documentation  and  consider  whether  further  training  is  required  so  that 

staff understand the crucial importance of clear and accurate record keeping. 

Concern 14 

There are no current records kept by consultants who are telephoned at home 

for advice. In this case there was a dispute about the number of calls made to 

 and as to the content of these calls.  The advice given and the 

actions taken as a result are important for the preservation of life. 

Recommendation 14 

The East Kent Trust should consider whether consultants should be asked to 

keep  full  records of  advice  given  to  junior  doctors over the  telephone and  to 

time and date them. 

Concern 15 

17 

 
 
 
 
 
 
 The East Kent Trust should consider a review as to the use or otherwise of a 

resuscitation pro forma. A pro forma has since Harry's death been adopted by 

the  East  Kent  Trust  which,  on  the  evidence  of 

,  has  improved  the 

oversight of neo natal training and governance. It is not clear whether that pro 

forma is being audited or logged, or what actions are being done to ensure its 

completion and preservation. 

Recommendation 15 

The East Kent Trust should consider keeping clear records of the use of the 

pro  forma  and  checking  the  efficiency  of  it.  The  East  Kent  Trust  should  also 

consider  whether further training  is necessary  to  ensure the  best use  of  it  to 

prevent further deaths occurring. 

Concern 16 

In  order  to  try  to  prevent  future  deaths  it  is  important  that  there  are  clear 

records  and  statements  made  when  a  death  occurs  so  that  lessons  can  be 

learnt.  In  this  instance  many  of  the  statements  were  very  scanty  in  their 

content and some were made a long time after the event.  In some instances, 

staff  had  to  make  statements  from  memory without  the  advantage  of  seeing 

the medical notes.  Contemporaneous (or as near as possible) notes are also 

very  much  in  the  interests  of  the  staff  involved  so  that  they  can  give  clear 

accounts of their actions and reasons for them if required to do so at a later 

date. 

Recommendation 16 

18 

 
 
 
 
 Where  there  has  been  a  serious  incident  staff  should  be  asked  to  make 

statements as soon as possible after the event. They should be provided with 

the medical records to do so. The statements should then be timed and dated 

and kept in a secure place by a third party. 

Concern 17 

The  child  death  notification  form  was  incorrectly  completed  in  that  Harry's 

death was recorded as 'expected'.  No notification was made to the Coroner. 

No  details  were  filled  in  on  the  notification  form  giving  any  detail  of  the 

problems  leading  to  Harry's  death.  As  a  result,  the  Child  Death  Overview 

Panel would have been unaware of the problems encountered and could not 

have  shared  learning  to  prevent  other  such  deaths  occurring.  I  make  no 

recommendation  in  respect  of  the  lack of  notification  to  the  Coroner as  I  am 

aware that the Senior Coroner has already dealt with this. 

Recommendation 17 

The  East  Kent  Trust  should  consider  a  review  of  its  policies  so  that  all  staff 

members who fill in Child Death Notification forms are aware of what to enter 

into the form and of the details required.  All such forms should be logged and 

audited, including those since Harry's death.  

Concern 18 

The MBRRACE form in respect of Harry Richford was inaccurate in a number 

of  important  areas.  The  form  is  important  to  provide  robust  national  data  to 

support the delivery of safe, high quality maternal and new born care as well 

19 

 
 
 
 
 as  identifying  errors  and  faults,  if  any,  where  there  has  been  a  maternal  or 

infant death so that future deaths can be avoided. 

Recommendation 18 

The East Kent Trust should consider a review of all MBRRACE forms filled in 

since Harry's death were accurately completed and reported.   The East Kent 

Trust  should  also  consider  whether  it  would  be  advisable  to  have  a  second 

person checking and signing off an MBRRACE form before its submission. 

Concern 19  

Important independent reports do not appear to have been shared within  the 

East  Kent  Trust's  staff,  for  instance  the  HSIB  report  into  Harry's  death 

appeared during the inquest to be unknown to a number of the staff. 

Recommendation 19  

The East Kent Trust should consider a review of its policies in respect of the 

sharing of important investigations amongst all relevant staff so that important 

learning takes place to prevent any future deaths. 

C J SUTTON-MATTOCKS 

3/2/20 

20

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 Department of Health and Social Care (PDF)
• 

Department 
of Health & 
Social Care 

Our Reference: PFD-1204212 

Mr Christopher Sutton-Mattocks 
HM Assistant Coroner, North East Kent 
HM Coroner's Office 
2nd Floor 
Cantium House 
Maidstone ME141XD 

From Nadine Dorries MP 
Parliamentary Under Secretary ofState for Patient Safety,
Suicide Prevention and Mental Health 

39 Victoria Street 
London
SW1H0EU 

;25  March 2020 

I am writing in response to the Prevention of Future Deaths report dated 3 February 2020, 
sent to Matt Hancock about the death of Harry Richford.  I have been asked to reply as 
Minister with responsibility for patient safety. 

Let me start by saying how deeply sorry I am for the failings in care highlighted in your 
report.  That Harry's death was avoidable is extremely distressing and I offer my most 
heartfelt sympathies to Mr and Mrs Richford and all those affected by his death.  We must 
do all we can to learn from such tragic incidents to ensure the safety of health services and 
prevent future deaths. 

The circumstances you set out in your report are clearly unacceptable and I want to outline 
the action taken by health regulators and system partners to scrutinise and support the 
safety of maternity services at the East Kent Hospitals University NHS Foundation Trust. 
As I told Parliament on 13 February 20201,  we all want and need to know that maternity 
services at East Kent Hospitals are safe and of the highest standard. 

Key partners within the health system have acted to identify the problems in the Trust's 
maternity services and put in place support to address them. 

In February, the Care Quality Commission (CQC) conducted an unannounced inspection 
of the Trust's maternity services, after which it wrote to the Trust with an overview of its 
findings and sought assurance on matters relating to triage, day care and medical staffing. 
The full report of the CQC's inspection will be published in due course.  However, I want to 
assure you that the CQC continues to be in close contact with the Trust and will take 
regulatory action if it decides that it is necessary.  You have issued your report to the CQC 
and I expect the CQC to provide further detail on its actions. 

, https://hansard.partiament.uk/ 

 
 The Healthcare Safety Investigation Branch (HSIB) identified a number of safety concerns 
through its conduct of maternity investigations at East Kent Hospitals as part of its national 
maternity investigation programme.  These include concerns similar to those described in 
your report, such as the availability of skilled staff (particularly out of hours) and access to 
neonatal resuscitation equipment but also failings in leadership and governance. 

It is clear from the work of HSIB and the CQC that there are a range of issues to address. 
NHS England and NHS Improvement (NHSEI) have put in place an intensive programme 
of support at the Trust.  This includes: 

•  Support from the regional medical director to address concerns in relation to senior 

medical oversight; 

•  Support from the regional chief nurse to assist the Trust to prioritise and focus the 

Trust's maternity improvement plan to address the safety risks identified; 

•  Reviewing the effectiveness of clinical goyernance and executive leadership; 

•  Ensuring the Trust is taking the learning from all historical cases and disseminating 

that learning throughout the Trust; and, 

• 

Independent clinical support working within the Trust to deliver immediate 
improvements in care as well as supporting the Trust to put in place robust and 
comprehensive processes to ensure high standards of care in the long term. 

I am advised that the Trust Board is taking these matters very seriously and has welcomed 
the national support being provided.  I expect the Trust to set out in its response to your 
report the actions it is taking to address the important safety risks you have outlined. 

I am aware that the Trust has taken a number of actions already such as the recruitment of 
several specialist midwives and new, regular safety huddles to anticipate and discuss 
emerging problems in care.  CTGs (cardiotocographs used to measure fetal heart rate) are 
now double checked to ensure any sign of fetal distress receives the appropriate clinical 
response. 

Of great importance when things go wrong in care is that the NHS engages sensitively and 
meaningfully with bereaved families and does all it can to identify what went wrong so that 
future deaths are prevented.  NHS trusts are expected to follow national guidance on 
learning from deaths23 and are mandated to report the number of avoidable deaths in their 
care and the learnings they have taken from them.  It is deeply concerning to read in your 
report that the Trust recorded Harry's death as 'expected' and no notification was sent to 
the coroner.  I am advised that the Trust has developed its approach to engaging with 
families when unexpected deaths occur and to involve families in the investigation of these 

2 httgs;l/www.england.nhs.uk/publicationneaming-from~eaths:9yjgance-for-nhs-trusts-on-workina-with-bere_aved-
families-and-carers/ 

3 11ttps:/(Www.england.nhs.uk/wp-contenl/uoloads/2017/03/ngb-national;;91Jifil!nce-leaming-from-deaths.pdf 

 incidents.  The Trust must continue to strengthen its processes to learn from deaths and 
develop an open, learning culture for the safety of its patients. 

It is essential that close scrutiny continues and I am advised that the CQC, NHS England 
and NHS Improvement and other system partners will oversee progress and will take 
further intervention measures where necessary.  I expect to be regularly updated. 

Finally, it is critical that all the necessary learnings are identified for East Kent Hospitals 
but also that they are shared nationally to benefit maternity services across the country. 
NHS England and NHS Improvement have commissioned an independent review into 
maternity services at East Kent Hospitals, to be led by Dr Bill Kirkup, who led the inquiry 
into maternity services at Morecambe Bay.  The review will look in great detail at the safety 
and quality of the Trust's maternity services. The terms of reference and scope of the 
investigation are to be determined and will be made public in due course. 

Once more, I would like to express my deepest sympathies to the family of Harry Richford, 
and to the patients and families of all those affected by the events at East Kent Hospitals. 
I hope this reply is helpful.

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