Prevention of Future Deaths reports · 2021

Raymond Powell

Regulation 28 report to prevent future deaths, reference 2021-0089, written 29 Mar 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report29 Mar 2021
Reference2021-0089
DeceasedRaymond Powell
CoronerJames Bennett
Coroner areaBirmingham and Solihull
CategoryCare Home Health related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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

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REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:  

, Director of Cole Valley Care Limited

CORONER

  I am Mr James Bennett HM Area Coroner for Birmingham and Solihull. 

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.

INVESTIGATION and INQUEST

On 10 December 2020 I commenced an investigation into the death of Raymond Alfred POWELL. 
The investigation concluded at the end of the inquest.   

CIRCUMSTANCES OF THE DEATH 

Raymond had become increasingly frail and fell in August 2020 fracturing his neck of humorous 
and went to live at Cole Valley Nursing Home on 28 September 2020. He was assessed as being 
at high risk of falling and his care plan and risk assessment identified practical measures to 
minimise his risk of falling, including half hourly observations and when mobilising it was agreed he 
would use a walking frame assisted by two carers. On 3 November at around 3.30am he
shouted for help and was found on the floor in his bedroom and reported pain to his head. He was 
assessed by paramedics and remained at the nursing home. Around 10.30am carers responded to 
a sensor mat alarm and found him on the floor having apparently fallen out of a chair. He was 
admitted to the Queen Elizabeth Hospital where a CT scan revealed the fall(s) had caused a 
subdural haematoma which was treated conservatively. On 19 November he developed
an infection and on 22 November suffered a seizure and it was confirmed the subdural bleed had 
worsened. He remained very poorly and passed away on 5 December 2020. 

Based on information from the Deceased’s treating clinicians the medical cause of death was 
determined to be: 1a Acute subdural haematoma; 1b Fall; and II Diabetes mellitus. 

The conclusion was Raymond's death was as a consequence of an accident. 

 
 
 
 
 
 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. The nursing home manager confirmed that Cole Valley Nursing Home had not conducted 
an internal investigation into the circumstances of Raymond's death. The rational was "no 
foul play or inappropriate behaviour was suspected. Staff acted appropriately and phoned 
999". I am concerned that it was not thought necessary to formally review the 
appropriateness of Raymond's falls risk assessment and the nursing home's policies and 
procedures to see what lessons could be learned to improve the safety of other residents. 
2. The inquest did in fact reveal concerns around the nursing home's policies and procedures. 
(1) The nursing home manager confirmed that a preceding fall (most likely on 15 October) 
had not been recorded anywhere within Raymond's file and this was the first time she was 
aware of a preceding fall (Raymond's family's evidence was they were told during a visit on 
15 October, and nursing home carer 
 confirmed there was a preceding fall a 
few weeks earlier). The nursing home manager was unable to explain why this preceding 
fall had not been recorded anywhere. (2) The nursing home manager in her written report 
to the Coroner stated that Raymond's falls risk assessment had been updated. However, 
the evidence revealed in fact the falls risk assessment had been created on 30 September 
upon Raymond's arrival, and had never been updated. Raymond's named nurse should 
have reviewed and updated it at the end of October with the preceding fall on 15 October 
being a key factor in the updated assessment. The nursing home manager was unable to 
explain why the named nurse did not update the falls risk assessment as expected. (3) On 
3 November staff were observing Raymond every 15 minutes however they only endorsed 
the 30 minute boxes on his observation log meaning it was misleading. 

3. The nursing home failed to comply with repeated court orders to supply relevant evidence. 

On 14 December the nursing home manager was ordered to supply evidence by 18 
January. With no response the court order was extended on 8 February to 10 February. 
One day late, on 11 February, the nursing home manager supplied the witness statements 
but no documents. On 16 February the nursing home manager was ordered to supply the 
documents by 23 February. With no response the nursing home manager was served with 
a schedule 5 notice containing a penal notice to supply the documents by 18 March. In 
breach of the schedule 5 notice, on 22 March the nursing home manager supplied some 
but not all documents. I did not accept the reported problem with an email account as 
justifying the repeated failure to comply with court orders for 3 months. 

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In summary, I am concerned that the nursing home has not sought to learn the lessons from the 
circumstances of Raymond's death and as a consequence there is an ongoing risk to other 
residents. 

ACTION SHOULD BE TAKEN

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 In my opinion action should be taken to prevent future deaths and I believe you have the power to 
take such action.

 
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YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report, namely by 
24 May 2021. 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. 

COPIES and PUBLICATION

 I have sent a copy of my report to the Chief Coroner and to the following Interested Persons: the 
family of Raymond Powell. 

 I have also sent it to the Care Quality Commission who may find it useful or of interest. 

 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.

 29 March 2021 

 Signature: James Bennett

HM Area Coroner for Birmingham and Solihull

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 Cole Valley Nursing Home (PDF)
Cole Valley Nursing Home  

326 Haunch Lane, Kings Heath, 
Birmingham, B13 0PN 

Prevention of Future Deaths Notice Response 24th May 2021 

To whom it may concern 

1.  Manager to conduct internal investigations to all falls and attach action plans. All falls and incidents 

to be reported on the weekly manager’s report and submitted to Nominated Individual. 

2.  The Manager has reviewed current documentation regarding post falls reporting and observing. 

 about this concern. 

 said he was extremely nervous 

The manager agrees that post documentation protocols was not substantial and did not accurately 
reflect the observations that took place on the day, so has implemented a new robust post falls 
protocol folder for the nursing team. This is allocated in one place and therefore nurses can easily 
access documents. This protocol now gives guidance and clear directions to follow. This protocol 
also has a NEWS chart that is included within this pack and a timed observation log post fall.  
Regarding the previous fall, the manager has reviewed archived documentation but is unable to 
locate any documentation to support the reported proceeding fall on or around the 15th October 
2021.  
The manager has spoken to 
about this situation and had many anxiety attacks before attending Coroner’s Court. 
that he panicked throughout the questioning and was not completely sure about the fall around 
this time. The manager has however, implemented a new manager’s report/handover for nurses to 
complete daily and every night.  The manager to review handover daily. A Daily Walkabout Form is 
also in place. This identifies if there has been any accidents or incidents in the last 24 hours and 
what actions have been done, such as evaluating care needs of the individual involved. 
Cole Valley Nursing Home has promoted an RGN to Deputy Manager with supernumerary time to 
assist the manager with audits and action plans, supervisions and implementing and monitoring 
documentation to aid continuous improvement of the Home.  
The manager has now completed a new named nurse list and now is displayed in the nurse’s office. 
The deputy manager and manager to effectively monitor care plan evaluations and risk assessment 
when nurses are unable to due to unforeseen circumstances such as sickness. 
Upon reflection, new strategies and monitoring systems have been implanted. Resident of the day 
has been implemented with feedback from all departments to ensure accurate reflection of person-
centred care and avoidance of missed evaluations in the future. 

 stated he 

                Supervisions have now been allocated to head of departments and a matrix is now available for 
view in nurses offices.  

A new daily task folder has also been implemented for the nurses to complete. This contains 
allocated audits (i.e care plan audits and resident of the day). This system has proven to be 
successful so far as anomalies have already been identified and action plan has been updated to 
reflect the service improvement plan 

3.  The manager has identified the failings of the court orders to supply documentation. 

 has 

stated that this was not intentional and genuinely upset that she misunderstood the reports sent. 

 
 
                                                   
 
 
 
 
 
 She now understands the importance of reading these reports thoroughly and sending requested 
documentation as a matter of urgency. 
 has now returned to Cole Valley Nursing Home full 
time and will remain at her primary home to ensure that these measures are maintained to a high 
standard and ensure emails are checked daily and respond more efficiently.  

Nominated Individual

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