Prevention of Future Deaths reports · 2021

Ailsa Stewart

Regulation 28 report to prevent future deaths, reference 2021-0110, written 15 Apr 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report15 Apr 2021
Reference2021-0110
DeceasedAilsa Stewart
CoronerChris Morris
Coroner areaManchester South
CategoryCommunity health care · Other 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.

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO: Rt. Hon. Matt Hancock, Secretary of
State for Health and Social Care.

1 | CORONER
| am Chris Morris, Area Coroner for Manchester South.

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.
http:/Awww.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 3rd December 2019, Christopher Briggs, Assistant Coroner, opened
an inquest into the death of Ailsa Stewart who died on ist May 2019 aged
62 years. The investigation concluded at the end of the inquest which |
heard between 6" and 9th April 2021.

A post mortem examination undertaken by Dr | Consultant
Pathologist on the Home Office Register, determined that Ms Stewart
died as a consequence of:

1.a) Sepsis; due to

1.b) Pneumonia, pyelonephritis, limb ischaemia, pressure ulcers and
epithelial damage due to prolonged contact with urine.

2) Obesity, Type II Diabetes.

By way of conclusion, | recorded that Ms Stewart died as a consequence
of natural causes, contributed to by neglect.

4 | CIRCUMSTANCES OF THE DEATH
Ms Stewart was bed-bound as a consequence of obesity, and suffered
with Type II diabetes. She lived alone and was essentially dependant on
domiciliary carers for all care.

On 16th April 2019, carers asked a GP to visit Ms Stewart as they were
concerned she was unwell. Following an examination, the GP sent Ms
Stewart to hospital for further assessment and possible treatment. As a
consequence, Ms Stewart's care provider suspended her package having
assumed she would be admitted to hospital without verifying this was the
case.

Ms Stewart was assessed in the Emergency Department and following
tests, was not considered to be acutely unwell. On the Morning of 17th

| April 2019, she was deemed medically fit to return home and transport
was arranged via the ambulance service on the basis that her care
package remained in place. An ambulance crew left Ms Stewart in bed at
her home on that day, understanding that carers would be arriving to
attend to her shortly.

| On 29th April 2019, the same ambulance crew retumed to Ms Stewart's
home to transport her to a pre-arranged medical appointment whereupon
they found her to be gravely ill in her bed. She was taken to hospital
where she subsequently died.

Because her care package had been suspended, Ms Stewart received no
domiciliary care between 17th and 29th April 2019. This lack of care
caused her death.

| 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 court heard evidence as to an extensive range of actions which local
| agencies have taken in response to Ms Stewart's death to try and reduce
the risk of a similar set of circumstances occurring again. That said, it was
clear from the evidence that in England, family members play an
essential part in ensuring continuity of care is maintained by sharing
information between different agencies, and facilitating the co-ordination
of care provided to vulnerable patients, particularly in circumstances
where unplanned hospital attendances are required.

It is a matter of concer that no cohesive national framework or guidance
exists across health and social care, to prescribe the circumstances in
which a domiciliary care package can be suspended, or sets out specific
rules as to the roles and responsibilities of particular agencies to convey
information when a vulnerable patient is sent home from an urgent care
setting without having formally been admitted.

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.

Af

YOUR RESPONSE
You are under a duty to respond to this report within 56 days of the date
of this report, namely by 10th June 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

N

fant

COPIES and PUBLICATION

sent a copy to f the Medical Defence Union who represented
the General Practitioner, (in-house solicitor) who represented
Stockport Metropolitan Borough Council, EEE of Browne Jacobson
LLP who represented Stockport NHS Foundation Trust, and Taner

of Weightmans LLP who represented North West Ambulance
Service NHS Trust.
| 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.

| have sent a copy of my report to the Chief Coroner and Sa arr
who had °C been related to Ms Stewart by marriage. | also have

t

| Dated: 15th April 2021

—D
SS

Signature: Wienke, LZ_—
Chris Morris Aréa Cordrier, Manchest ;

Cae

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 Social Care (PDF)
From Helen Whately MP 
Minister of State for Care 

39 Victoria Street 
London 
SW1H 0EU 

08 June 2021 

Mr Christopher Morris 
HM Area Coroner, Manchester South 
HM Coroner's Court 
1 Mount Tabor Street 
Stockport SK1 3AG 

Dear Mr Morris, 

Thank you for your letter of 15 April 2021 about the death of Ailsa Stewart.  I am replying 
as the Minister with responsibility for adult social care.  

Firstly, I wish to offer my condolences to Ms Stewart’s family and loved ones.  High quality, 
safe care is a priority for all and I was extremely saddened to learn of the circumstances 
surrounding Ms Stewart’s death. 

I have noted carefully your concerns about the roles and responsibilities of health and care 
agencies in conveying information when a vulnerable patient is sent home from an urgent 
care setting; and the circumstances in which a domiciliary care package can be 
suspended. 

In preparing this response, my officials have made enquiries with NHS England and NHS 
Improvement (NHSE and NHSI) and their regional and local partners. 

Safeguarding is everyone’s business and it is of concern that there was an insufficient 
multi-agency approach in place to safeguard Ms Stewart. 

The Care Act 20141 specifies that local authorities and their relevant partners have a 
reciprocal responsibility to cooperate to promote the wellbeing of adults with care and 
support needs. 

All involved parties across health and social care should work together to agree whether it 
is appropriate to suspend care.  Home care providers need to assess the risks posed by a 
reduction or suspension of visits and take prompt reparative action, recognising that 
people living alone may be particularly vulnerable if care visits are missed or suspended. 

1 Care Act 2014 (legislation.gov.uk) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 During the pandemic the Government published guidance2 for home care providers which 
covers hospital discharge and other matters. We aim to continue to provide guidance to 
the sector post-pandemic. 

As mentioned earlier, my officials have also sought information from NHS England and 
NHS Improvement (NHSE and NHSI) with regards to the circumstances surrounding Ms 
Stewart’s care.  

NHSE and NHSI has assured my officials that it is extremely rare for a care package to be 
automatically stopped by the care provider. 

The Care Act statutory guidance highlights the importance of partnership and cooperation 
in the prevention of abuse or neglect. The Act requires a local authority to set up a 
Safeguarding Adults Board, with authority to carry out a Safeguarding Adult Review (SAR) 
when serious harm or a fatality has occurred.   

The aim of the SAR should be to promote effective learning and improvement action 
across all relevant organisations, to prevent future deaths or serious harm occurring again. 

NHSE and NHSI have informed my department that it is conventional operational practice 
in Stockport that when a person in receipt of a community care package attends the 
hospital Emergency Department for assessment, that this package remains in place.  

The care provider has given assurances that this had been the case on previous 
occasions, consistent with local agreements. My officials have been informed that the care 
provider accepted that, on this occasion, it was a breach of the agreed plan and 
contractual arrangements for Stockport Adult Social Services. 

NHSE and NHSI have informed my officials that technically Ms Stewart had not been 
admitted to hospital and it was therefore not necessary for the Trust to invoke their 
discharge process. 

My officials have been informed that Stockport NHS Trust will continue to work as part of 
shared care arrangements in line with national standards and the protection of vulnerable 
people.  This will ensure when a patient attends for an assessment, a care package in the 
community will remain in place until notification that the patient requires admission into an 
inpatient provision. 

Following Ms Stewart’s death the Trust shared an additional safety alert on 9th May 2019 
to alert practitioners to this potential risk and give due consideration to the vulnerability of 
the patient, their medical presentation and what should happen when returning home. The 
Safety Alert states “it is the responsibility of the nursing staff to take reasonable steps to 
ensure the carers are aware of the discharge.  This must be documented in the patient’s 
medical records”. 

2 Coronavirus (COVID-19): provision of home care - GOV.UK (www.gov.uk). 

 
 
 
 
 
 
 
 
 
 
 
 
 
 North West Ambulance Services (NWAS) has since introduced an additional question to 
prevent a journey from proceeding until confirmation is received, at the point of discharge 
booking, that a care package is either not required or is in place.  

In addition, communications have been sent to all NWAS and third-party resources 
reminding them of their obligation to ensure patients are taken to their destination and left 
with access to a communication device or an alarm raising facility.  

Promoting integrated care is a priority for this Government.  There is a traditional divide 
between primary care, community services and hospitals, and social care services.  The 
differences in commissioning, incentives and accountability have all contributed to creating 
barriers to seamless delivery of person-centred care. 

Our aim is to join up care around a person’s needs so that, from their perspective, the 
experience of care is seamless.  We want everyone to be supported to live their best lives.  
We are confident that our proposals in the Health and Care White Paper3, such as 
Integrated Care Systems, will help to address the barriers which prevent effective join-up 
between health and social care services and support local systems to implement solutions 
that work best for them. 

This integrated approach to person-centred care will bring together actors in health and 
social care, alongside local and voluntary partners, to support people to retain their 
independence, health and wellbeing for longer. 

I hope this response is helpful.  Thank you for bringing these concerns to my attention.  

HELEN WHATELY 

3 
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/960548/integrat
ion-and-innovation-working-together-to-improve-health-and-social-care-for-all-web-version.pdf

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