Prevention of Future Deaths reports · 2020

Ann Stillwell

Regulation 28 report to prevent future deaths, reference 2021-0091, written 8 Dec 2020. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report8 Dec 2020
Reference2021-0091
DeceasedAnn Stillwell
CoronerGraeme Irvine
Coroner areaEast London
CategoryCare Home Health 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.

MISS N PERSAUD
SENIOR CORONER

EAST LONDON
Walthamstow Coroner's Court, Queens Road Walthamstow, E17 8QP
Telephone 020 8496 5000 Email

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1)

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

1. Ministerial Correspondence and Public Enquiries Unit, Department of
Health and Social Care, 39 Victoria Street, London, SW1H OEU

2. Havering Clinical Commissioning Group, 6th floor, North House, St
Edwards Way, Romford RM1 3AE

CORONER

lam Graeme Irvine, Area Coroner for the coroner area of East London

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.
http://www. legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7

http://www. legislation.gov.uk/uksi/2013/1629/part/7/made

INVESTIGATION and INQUEST
On the 7th July 2020 | opened an investigation touching the death of Ann Doris Stillwell,
aged 78 years oid. | opened an inquest on the 15th July 2020. The inquest concluded on

the 3rd December 2020.
The conclusion of the inquest was accidental death
The medical cause of death was;

1a Pneumonia

1b Left Neck of Femur Fracture (operated)

ll Frailty, Asthenia

CIRCUMSTANCES OF THE DEATH

On 22nd June 2020 Mrs Stillwell was discharged from hospital to a care home following
the surgical repair of a broken right neck of femur sustained in a fall in a care home on

25th May 2020.

Mrs Stillwell was at high risk of falls caused by a combination of factors; Mrs Stillweil’s
frailty, her dementia which limited her perception of risk, whilst at the same time made
her forget her mobility restrictions and her independent and assertive nature.

Discharge notes recommended a high level of supervision, noting a significant history of
falls, dementia, and mobility issues.

Following a pre-admission assessment, the care home manager asked the
commissioner to authorise funding for 1:1 care, this was declined.

On the morning of 3 July 2020 Mrs Stillwell sustained a fall in her care home whilst
subject to general observations. No apparent injury was found. The care home manager
renewed her application to commissioner for funding for 1:1 care.

On the afternoon of 3rd July Mrs Stillwell sustained another fall and this time suffered a
left-sided neck of femur fracture. Despite medical treatment she succumbed to
complications of her injuries and died on 5th July 2020.

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 could occur unless action is taken. In the
circumstances it is my statutory duty to report to you.

The MATTERS OF CONCERN are as follows. —

4. Mrs Stillwell was at high risk of falls during the entirety of the period of 25th May
2020 until the 3rd July 2020. During that period the Commissioner for her care
did not authorise 1:1 care. 1:1 care would have been the only way in which the
particular risk presented by Mrs Stillwell to herself could have been mitigated.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you and 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 29" January 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 report to the Chief Coroner and to the following Interested
Persons the family of Mrs Stillwell and the CQC. | have also sent it to the Director of
Public Health who may find it useful or of interest.

lam also under a duty to send a copy of your response to the Chief Coroner and all
interested persons who in my opinion should receive it.

I may also send a copy of your response to any other person who | believe may find it
useful or of interest.

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 bie may find it useful
|

or of interest.
|

You may make representations to me, the coroner, at the time of you response, about
the release or the publication of your response.

8'" December 2020 [SIGNED BY CORONE

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 Clinical Commissioning Group (PDF)
Your ref:  

29 January 2021 

Mr Graeme Irvine 
Area Coroner East London 
Walthamstow Coroners Court 

By email to:  

Dear Mr Irvine  

6th floor, North House 
St Edwards Way 
Romford 
RM1 3AE 

Tel: 

Re: 

Inquest touching upon the death of Mrs Ann Doris Stillwell, Regulation 28 
Report 

I write in response to the Prevention of Future Deaths Report issued to Havering Clinical 
Commissioning Group on the 8 December 2020, following the Coroner’s inquest into the death 
of Mrs Ann Doris Stillwell. 

The CCG director lead and head of service have met to discuss the Coroner’s concerns set 
out in the Regulation 28 report and agreed actions to strengthen the management of requests 
for 1 to 1 care by care providers.   

Some changes to the process had been introduced in November 2020 which will reduce the 
risk of a similar incident occurring again and some additional actions have been agreed for 
implementation in February 2021. 

Please find attached a report for the Coroner on the actions that have been taken.  

The CCG strives to learn from incidents and to constantly improve the service provision it 
provides.  Please do not hesitate to contact me if you require any clarification. 

Thank you for your helpful insights into this case. 

Yours sincerely  

Managing Director 

cc: 

 Director of Public Health, London Borough of Havering 

Attachment:  REGULATION 28:  Report to Prevent Future Deaths from Graeme Irvine, Area  

Coroner East London, 8.12.20. 

Accountable Officer: 
Managing Director: 
Barking and Dagenham, Havering and Redbridge Clinical Commissioning Groups 

Chairs:  
Dr 
Dr 
Dr 

, Barking and Dagenham Clinical Commissioning Group 

, Havering Clinical Commissioning Group 

 Redbridge Clinical Commissioning Group 

 
 
 
 
 
 
 
 
 
 
 
 
     
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Response to:             REGULATION 28:  Report to Prevent Future Deaths from 

Graeme Irvine, Area Coroner East London, 8.12.20. 

From:                          

, Managing Director, BHR CCGS  

Date:                          29 January 2021  

1.  This report provides a response to the Report to Future Prevent Deaths from 

Graeme Irvine, Area Coroner East London, of 8.12.20.    

2.  Barking and Dagenham, Havering and Redbridge CCGs have reviewed the 

Coroner’s concerns in the report relating to the death of Ann Doris Stillwell.  We 
have identified that there are some improvements that could be made to the 
processes within the NHS Continuing Healthcare Team to strengthen the 
decision-making process for 1 to 1s.  

3.  The process we had been following for managing requests for 1 to 1s required 
the hospital discharge team to send the referral directly to the NHS CHC team 
prior to discharge, where this has been requested by the care home. Whilst we 
believe that the need for 1 to 1 was not flagged up on the care plan for Mrs 
Stillwell, this should have been considered as Mrs Stillwell was having an 
enhanced level of monitoring in hospital. The fact that the nursing home queried 
this before discharge should have prompted the staff member from the 
brokerage team to alert a clinician to the possible need for 1 to 1.  

4.  We have identified that requests for 1 to 1s come through to different people in 
the CHC Team and the level of information given is sometimes variable. We 
have now introduced a requirement for requests for 1 to 1s to be sent to the 
Head of Service and a senior nurse assessor who will provide a response to the 
request within 2 hours. 

5. 

If the information is not complete, then the hospital discharge team is asked to 
forward all falls risk assessments, care diaries and behaviour charts as 
appropriate to the Head of Service or senior nurse assessor so that they can 
confirm a decision. Evidence is needed as to whether this level of support is 
required during the daytime only or the full 24 hours. Many people are nursed on 
enhanced observations or in a cohort /bay in hospital do not go on to require this 
level of support in the care home. 

6.  The Head of Service/senior nurse assessor will take a view based on the 

information received and ask for further evidence if required. The authorisation 
for 1 to 1s is normally given for 14 days and prior to this point we request, via the 
hospital discharge team, that the care home provides further evidence to warrant 
any extension of the 1 to 1. This system has been in operation since November 
2020 and appears to be working well. 

7.  We are introducing an additional safeguard to ensure that any requests for 1 to 
1s submitted to the brokerage team directly by a care home are brought to the 
attention of a senior clinician. The following actions have been agreed: 
• 

To confirm with all non-clinical brokerage staff the need to escalate to a 
clinician where 1:1 care is requested by a care provider – With immediate 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 effect - and to ensure that this is built into CHC processes. By end 
February 2021 to ensure this is built into our electronic systems. 

• 

To ensure all staff are reminded of the need to activate their out of office 
messages and that these should indicate a suitable alternative person who 
can respond. Where this is a clinician an alternative clinician should be 
named as contact. With immediate effect. 

8.  Please note that the report was copied to 
Health for London Borough of Havering.   

, Director of Public 

2
Response from Dept of Health and Social Care (PDF)
Mr Graeme Irvine  
HM Area Coroner, East London  
Walthamstow Coroners Court  
Queens Road  
London E17 8QP  

Dear Graeme,  

From Helen Whately MP 
Minister of State for Care 

39 Victoria Street 
London 
SW1H 0EU 

 03 March 2021 

Prevention of Future Deaths: Ann Doris Stillwell 

Thank you for your letter of 8 December 2020 concerning the death of Ann Doris Stillwell, 
which came to the attention of the Department on 8 January 2021.  I am responding as 
Minister with responsibility for continuing healthcare and I am grateful for the additional 
time in which to do so.   

Firstly, I would like to offer my sincere condolences to Mrs Stillwell’s family.  Ministers are 
committed to ensuring residents in care homes receive high quality and safe care.  I am 
grateful that you have brought these matters in relation to Mrs Stillwell’s death to my 
attention.  

As you are aware, the Department for Health and Social Care is responsible for Continuing 
Healthcare policy and in 2018, published the revised National Framework for NHS 
Continuing Healthcare and NHS-funded Nursing Care1.  The guidance sets out in 
paragraphs 165-180 where responsibility for care planning, commissioning services and 
case management lies. This includes that clinical commissioning groups (CCGs) should 
operate a person-centred approach to ensure a care package is tailored to meet the needs 
of the individual.   

CCGs are responsible for the commissioning of 1:1 care within their local 
areas.  I understand that Barking and Dagenham Havering, and Redbridge CCGs, have 
provided a joint response which sets out the actions taken to learn from the findings 
presented, following Mrs Stillwell’s death.  

This action includes a requirement for requests for 1:1 care to be sent to the Head of 
Service and a senior nurse assessor who will provide a response to the request within two 
hours.  The CCGs’ response also sets out further steps to escalate requests to appropriate 
clinician level staff, where required.   

The Department has considered the concerns raised in your report and in this instance, we 
do not consider that a change in national policy is required.   However, Departmental 
officials will work with NHS England, which is responsible for providing assurance on the 
actions of CCGs, to consider the specific circumstances of this case and whether further 
regional monitoring may be required.   

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
 I hope this response is helpful.  

HELEN WHATELY

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