Prevention of Future Deaths reports · 2020

Leslie Harris

Regulation 28 report to prevent future deaths, reference 2020-0280, written 9 Dec 2020. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report9 Dec 2020
Reference2020-0280
DeceasedLeslie Harris
CoronerAlison Mutch
Coroner areaManchester South
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published2

The report

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

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO: Public Health England and NHS

CORONER

| am Alison Mutch, Senior Coroner, for the Coroner Area of Greater
Manchester South

CORONER'S LEGAL POWERS
| make this report under paragraph 7, Schedule 5, of the Coroners and

Justice Act 2009 and regulations 28 and 29 of the Coroners
(Investigations) Regulations 2013

INVESTIGATION and INQUEST

On 26" May 2020 | commenced an investigation into the death of Leslie
Harris. The investigation concluded on the 23 November 2020 and the
conclusion was one of Narrative: Died from Covid 19 pneumonia,
| acquired whilst an inpatient at Stepping Hill Hospital, contributed to by the
complications of an accidental fall.
The medical cause of death was
1a) Covid 19 pneumonia
Il) Right sided neck of femur fracture, Hypertension, Atrial fibrillation
la | CIRCUMSTANCES OF THE DEATH |

Leslie Harris was admitted to Stepping Hill Hospital following an
accidental fall at his home address. He underwent surgery for a fractured
hip. Post operatively, he was unwell with a chest infection. He began to
recover and was considered fit for discharge to the Cavendish unit. Whilst
an inpatient, he was moved to another ward, and then moved back as the
outlier ward was not felt to be appropriate for his needs.

On his return, he was put on a bay where patients had been exposed to a
Covid 19 positive patient. He subsequently tested positive for Covid 19.
He deteriorated rapidly and died at Stepping Hill Hospital on 21st May
2020.

|_|

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. —
The inquest heard that he was moved to a ward where other patients
were in isolation from Covid due to the interpretation of Public Health
England guidance about management in these circumstances. As a result
of reflection and concerns about interpreting the guidance in this way the
trust have changed their policy and such movement no longer takes
place. However, the guidance from PHE has not been amended and it
was unknown how ather trusts were choosing to interpret the guidance
and as such putting potentially vulnerable patients at risk of developing
Covid 19 whilst an in-patient.

ACTION SHOULD BE TAKEN

In my opinion, action should be taken to prevent future deaths and |
believe you 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 Wednesday 3" February 2021. |, 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 re ief Coroner and to the following
Interested Persons namely the daughter of the
deceased, who may find it 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.

Alison Mutch
HM Senior Coroner for Manchester South

9 December 2020 Nt (IM

tN

Responses

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

Response from NHS England and NHS Improvement (PDF)
Ms Alison Mutch 
HM Senior Coroner for Manchester South 
Coroner’s Court,  
1 Mount Tabor Street, 
Stockport  
SK1 3AG 

                    National Medical Director 
                                     Skipton House 
                                  80 London Road 
                                              SE1 6LH 

 9th February 2021 

Dear Ms Mutch, 

Re: Regulation 28 Report to Prevent Future Deaths – Mr Leslie Harris (died 21 
May 2020) 

Thank you for your Regulation 28 Report dated 9th December 2020 concerning the 
death of Leslie Harris on 21st May 2020.  Firstly, I would like to express my deep 
condolences to Mr Harris’s family.  

The regulation 28 report concludes Leslie Harris’s death was a result of COVID 19 
pneumonia acquired whilst an inpatient at Stepping Hill Hospital, contributed to by 
the complications of an accidental fall.  

Following the inquest, you raised concerns in your Regulation 28 Report to NHS 
England regarding there is a risk that future deaths will occur unless action is taken. 
The inquest heard that Mr Harris was moved to a ward where other patients were in 
isolation from COVID-19 due to the interpretation of the Public Health England 
guidance about management in these circumstances. As a result of reflection and 
concerns, the trust have changed their policy and such movement no longer takes 
place. 

Your report states that the guidance from PHE has not been amended and it was 
unknown how other trusts were choosing to interpret the guidance and as such 
putting potentially vulnerable patients at risk of developing COVID-19 whilst an 
inpatient.  

The national IPC guidance (COVID-19: Guidance for the remobilisation of services 
within health and care settings Infection prevention and control recommendations), 
is published by Public Health England (PHE). NHS England and NHS Improvement 
are a contributor to the guidance development in accordance with their role as a 

NHS England and NHS Improvement 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                  
 
                                                 
                                                            
 
 
 
 commissioner with a duty to promote a comprehensive health service under the 
NHS Act 2006.  

The national IPC guidance is updated regularly as and when new scientific 
evidence emerges. An updated version was published on 20 August 2020 providing 
examples of how organisations can safely manage patients/individuals’ treatment 
and care and reduce COVID-19 risks by the use of 3 specific COVID-19 risk 
pathways (high, medium and low risk) depending on whether the patient/individual 
has tested positive for COVID or is likely to have COVID, has not yet been tested or 
is awaiting the result of a COVID test or has tested negative for COVID. 

The latest version, published on 21 January 2021, adds to the August guidance by 
taking into account evidence on new variant strains and amendments have been 
made to strengthen existing messaging and provide further clarity where needed, 
including updates to the care pathways to recognise testing and exposure. 

The IPC measures recommended within the guidance are underpinned by the 
National Infection Prevention and Control Manual (NIPCM) practice guide and 
associated literature reviews National Infection Prevention and Control Manual: 
Home (scot.nhs.uk) The content is consistent with the administrative measures 
outlined in WHO IPC during healthcare when coronavirus disease (COVID-19) is 
suspected or confirmed: Interim Guidance, June 2020. 

The principles in the guidance apply to all health and care settings.  Its 
implementation should be underpinned at provider level by risk assessments that 
take into consideration the patient, environment, procedure and task being 
undertaken by any member of health care staff, and through safe systems of 
working: administrative, environmental and engineering measures/controls that 
need to be adopted to reduce the risk of transmission, including: personal protective 
equipment, hand hygiene, social distancing, cleanliness/decontamination of the 
environment and equipment, ventilation and separation and segregation of patient 
and staff within the high, medium and low risk pathways. 

Further updates may be made to this guidance as new evidence on COVID-19 
emerges and as the pandemic phases/levels change. 

Thank you for bringing these important patient safety issues to my attention and 
please do not hesitate to contact me should you need any further information. 

Yours sincerely, 

National Medical Director   
NHS England and NHS Improvement  

NHS England and NHS Improvement
Response from Public Health England (PDF)
By email 
Alison Mutch, Senior Coroner 
c/o 

Our ref: 

Dear Alison Mutch 

Public Accountability Unit 
Wellington House 
133-155 Waterloo Road 
London SE1 8UG 

  T 

www.gov.uk/phe  

11 February 2021 

Re: Inquest into the death of Leslie Harris on 21st May 2020 

Thank you for sending the attached report for Public Health England’s (PHE) 
consideration. 

Under the Coroners and Justice Act 2009, please find below PHE’s response in 
relation to the investigation of the death of Leslie Harris 

Concern raised 

This report states that Mr Harris died of COVID-19 pneumonia acquired whilst an 
inpatient at Stepping Hill Hospital, contributed to by the complications of an 
accidental fall. It outlines that the inquest heard that he was moved to a ward where 
other patients were in isolation from COVID-19 due to the interpretation of Public 
Health England guidance about management in these circumstances. As a result of 
reflection and concerns about interpreting the guidance in this way, the trust has 
changed their policy and such movement no longer takes place. It also states that 
the Public Health England guidance has not been amended and it was unknown how 
other trusts were choosing to interpret the guidance as such putting potentially 
vulnerable patients at risk of developing COVID-19 whilst an in-patient. 

Action taken 

From the details within the report it is difficult to determine exactly which piece of 
guidance the trust was using in relation to the care of Mr Harris.  

PHE publishes guidance on management of staff and exposed patients or residents 
in health and social care settings, which contains clear advice on segregation of 
patients who have been exposed to a patient with COVID-19 infection from patients 
who have not been exposed to the infection.  

 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 National Infection, Prevention and Control guidance is issued jointly by the four 
nations. PHE publishes this guidance. Guidance at the time contained information on 
infection control precautions, including cohorting of patients. This guidance was 
updated after the sad passing of Mr Harris. Updated versions of the guidance, with 
most recent updates on 20th August 2020 and 21st January 2021, provide advice on 
reducing the risk of COVID-19 transmission through use of high, medium and low 
risk COVID-19 risk pathways determined by risk assessment of individuals based on 
information including test status.  

The report states that Mr Harris was put on a bay where patients had been exposed 
to a COVID-19 patient. 

PHE has reviewed and updated this guidance several times as the pandemic has 
evolved. Guidance published on 4th April 2020 stated that in-patients who are known 
to have been exposed to a confirmed COVID-19 patient should be isolated or 
cohorted until their hospital admission ends, or until 14 days after last exposure (the 
recommended isolation period at the time).  

The wording was further strengthened on 15th May 2020: In-patients who are known 
to have been exposed to a confirmed COVID-19 patient while on the ward (an 
exposure similar to a household setting), should be isolated or cohorted (grouped 
together) with other similarly exposed patients who do not have COVID-19 
symptoms, until their hospital admission ends or until 14 days after last exposure. 

In the current version of this guidance, a further clarification has been added: This 
also applies to in-patients who have previously recovered from COVID-19 and have 
been exposed to a confirmed COVID-19 case during their hospital stay. 

PHE will be further reviewing this guidance to ensure that wording is tightened to 
prevent any misinterpretation of the advice.  

I would like once again to convey my condolences to the family of Mr Harris and 
thank you for raising your concerns.  

Yours faithfully,  
FOI team 

2

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