Prevention of Future Deaths reports · 2021

Eric Bird

Regulation 28 report to prevent future deaths, reference 2021-0122, written 10 Feb 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report10 Feb 2021
Reference2021-0122
DeceasedEric Bird
CoronerJoanne Lees
Coroner areaBlack Country
CategoryCare Home Health related deaths
Sourcejudiciary.uk record · original PDF
Responses published2

The report

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

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS (1) 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  Castlehill Specialist Care Centre 
2.  CQC 

1 

CORONER 

I am Mrs Joanne Lees, Area Coroner for the coroner area of The Black Country.    

2 

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. 

3 

INVESTIGATION and INQUEST 

On 11/12/20 I commenced an investigation into the death of Eric Harold Bird. The 
investigation concluded at the end of the inquest on 9/2/21.  

The inquest found and recorded the following facts; 

On the evening of 21/11/20 the deceased, a 91-year-old gentleman suffered a fall at 
the care home where he was residing. Mr Bird suffered with vascular dementia 
and was assessed as being at high risk of falls.  He was independently mobile and 
had a history of recent falls resulting in bruising to his person and was taking 
apixaban. He suffered with hypertension, atrial fibrillation and frailty.  On 21/11/20 
he was seen by a member of staff to fall between two sofas and fall backwards 
from a standing position hitting his head on the ground as he fell.  An ambulance 
was called, and he was taken to hospital later than evening where he was found to 
have sustained a subdural haematoma which was managed conservatively. He 
sadly passed away in hospital on 30/11/20. 

The medical cause of death was established as; 

1a) Subdural Haematoma 
1b) Fall 

2) Hypertension, Atrial Fibrillation, Dementia, Frailty 

The Coroner’s conclusion was one of Accident 

4 

CIRCUMSTANCES OF THE DEATH 

On 20/10/20 the deceased, a 91-year-old gentleman suffering with Dementia was 
admitted to Castlehill specialist care centre.  On admission, a falls risk assessment was 
undertaken where the deceased scored as being at high risk of falls.  I heard in 
evidence that the care home put in place two measures to address this risk; 1) a 
member of staff to be present in communal areas at all times observing residents and 2) 
an acoustic monitoring alarm system in Mr Bird’s bedroom.  It was understood that a 
high/low bed was standard in the home. Mr Bird was described as being independently 
mobile and needed no additional walking aids. He was taking lorazepam which may 
have increased his level of agitation and thereby his risk of falls.  He required 24 hour 
care for his own safety. The court heard in evidence that between Mr Bird’s admission 
on 20/10/20 and 21/11/20 inclusive, he suffered seven falls in a 4-week period whilst a 
resident at Castlehill.  Five of those falls were unwitnessed. Four of those falls took 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 place whilst Mr Bird was in the bedroom and the fifth in a nursing station.  Two falls were 
witnessed and took place in the communal areas of the unit where Mr Bird was placed.  
Three of the seven falls resulted in Mr Bird hitting his head.  The latter fall on 21/11/20 
resulted in a subdural haematoma which led directly to the death of Mr Bird.  

I also heard evidence that there had been a change of management at the home and 
that there had been a recent inspection by the CQC but I was unaware of the outcome.  

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 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.  –  

1.  After Mr Bird’s admission and initial falls risk assessment, there was a reference 

that Mr Bird needed to be referred to the physio team but no evidence this was 
actually done; 

2.  The inquest heard that Castlehill polices had not been followed after each fall 

whereby Mr Bird had hit his head.  Mr Bird was taking apixaban which meant he 
was at a higher risk of bleeding.  Evidence was heard that policy required 999 to 
be called.  This was not done on 1/11/20 nor on 14/11/20.  

3.  On 21/11/20 the nurse on duty called 111 instead of following policy to call 999; 

4.  On 21/11/20 I heard evidence that the fall occurred at approximately 

20.20/20.30 hours.  Records suggested the 111 service was contacted at 21.06. 
I heard evidence that it was the 111 service that made arrangements for an 
ambulance to attend and the EPR showed that the ambulance was contacted at 
21.34 arriving on site at 21.47; 

5.  On arrival the ambulance was unable to gain access to the care home until 

22.11 as there was no answer at the door.  I heard evidence at the inquest that 
arrangements had now been made for a staff member to wait in the reception 
area when an ambulance is now called out of hours to facilitate entry; 

6.  There was no evidence that Mr Bird’s falls risk assessment and falls care plan 

had been updated after every fall; 

7.  There was no evidence of any changes being made to Mr Birds falls care plan 

after the fall on 14/11/20 and no rationale recorded for not doing so; 

8. 

I heard evidence that after the fall on 21/11/20 whereby Mr Bird was taken to 
hospital, that senior management who were off site were not contacted for over 
2 hours after Mr Bird fell; 

9.  There were discrepancies in the recording of the falls on the monthly accidents 
and incidents form and no evidence that any consideration had been given to a 
pattern of falls which needed to be addressed to reduce Mr Bird’s apparent 
increasing risks. 

6 

ACTION SHOULD BE TAKEN 

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

2 

 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 7 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this report 
(9/4/21), namely by 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. 

8 

COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner and to the following Interested 
Persons 

.  

I am 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 I 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 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. 

9 

10/2/21                                     

Mrs Joanne M. Lees 

3

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 Care Quality Commission (PDF)
HSCA Further Information 
Citygate 
Gallowgate 
Newcastle upon Tyne 
NE1 4PA 

Telephone: 
Fax: 03000 616171 

Mrs. Joanne M. Lees 
Area Coroner 
The Black Country Jurisdiction  
Coroners Court,  
Jack Judge House,  
Halesowen Street,  
Oldbury, B69 2AJ 

06 April 2021 

Care Quality Commission 
Our Reference:  

Dear HM Coroner 

Prevention of future death report following inquest into the death of Mr Eric 
Harold Bird. 

Thank you for sending CQC a copy of the prevention of future death report 
issued following the death of Mr Eric Harold Bird. 

We note the legal requirement upon Castlehill Specialist Care Centre and the 
Care Quality Commission to respond to your report within 56 days. 

The provider location registered with CQC is located at 390 Chester Road, 
Walsall, WS9 9DE and is part of the Walsall Clinical Commissioning Group. The 
provider is registered for the following regulated activities: 

Accommodation for persons who require nursing or personal care 
Treatment of disease, disorder or injury 

The CQC was notified of Mr Bird’s death on 09 December 2020 by West 
Midlands Police. West Midlands Police informed the CQC they did not feel there 
was anything criminal to investigate and were closing the case. The CQC 
contacted Castlehill Specialist Care Centre as a statutory notification had not 
been received. There had been a delay from Castlehill Specialist Care Centre in 
sending the notification due to Mr Bird passing away in hospital. Castlehill 
Specialist Care Centre notified the CQC of the death on 11 January 2021.  

An inspection had already been prompted following whistleblowing concern in 
relation to restraint, deprivation of liberty safeguards, staffing levels and falls 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 management. A large-scale safeguarding investigation (LSI) meeting was held on 
18 December 2020, where inspector 
subsequently closed on 25 January 2021 as an outcome the local authority 
quality team were asked to provide ongoing support in relation to falls 
management. We also noted the content of the LSI and used this to support our 
future planning of inspection. The inspection process would assess any likely 
future risks.  

 attended. The LSI was 

The provider was inspected by CQC on 19 January 2021 in the form of a 
comprehensive inspection which assessed five domains; Safe, Effective, Caring, 
responsive and Well Led. No enforcement action has been proposed as a result 
of this inspection. The provider received the draft report on 22 March 2021. As 
part of the report publishing process, the Provider is then given the opportunity to 
review the draft report before it is finalised. If the Provider believes there are any 
factual inaccuracies in the report these can be submitted to the CQC and will be 
considered before the final report is published.  

The matters of concern which arose from the preventing future deaths report 
have prompted the CQC to take action. In direct response, we held a 
management review meeting on 17 February 2021. Following the management 
review meeting, we reviewed the evidence we held about Castlehill Specialist 
Care Centre, the information held following the specific incident review related to 
Mr Bird’s death and information following the inspection completed in January 
2021.  

Our findings and actions are outlined as follows: 

On 09 December 2020 we began to request and review the information we had 
following Mr Bird’s fall and death in line with our specific incident guidance. So 
far, we have found the following: 

•  We reviewed the care plan and risk assessment Castlehill Specialist Care 
Centre had implemented in relation to Mr Birds falls risks. Mr Bird had 
been identified as a high falls risk but was able to mobilise independently. 

•  Castlehill Specialist Care Centre had implemented care plans and risk 
assessments for staff to support Mr Bird with falls management. There 
was no mention of what action staff should take if Mr Bird sustained a 
head injury. However, on the fall that subsequently led to Mr Birds death, 
staff did seek medical intervention. 

•  Castlehill Specialist Care centre have confirmed there was no referral 

made to physiotherapy during Mr Birds stay between 20 October 2020 and 
21 November 2020.  

•  Castlehill Specialist Care Centre told us they had not identified blood 

thinners as a risk as part of their medicines policy. They told us the lesson 
learnt would be to put a statement in their medication policy that this type 
of medication group thins the blood. 

2 

 
 
 
 
 
 
 
 
 
 •  As a result of these findings, CQC held a management review meeting on 

18 March 2021 to discuss the findings under our specific incident 
guidance. In order to open a formal criminal investigation, we have to be 
able to evidence a Registered Person (either a Registered Provider or 
Registered Manager) failed to provide safe care and treatment to Mr Bird 
in relation to this incident and can prove beyond reasonable doubt this 
incident was avoidable. We did not feel that this threshold was met and 
therefore will not progress the case.  

As a result of the findings an inspection was carried out on 19 January 2021. The 
inspection found the following: 

•  Care plans and risk assessments record updates have been made 
following falls and contain details of the falls. Reviews in care plans 
indicate a frequency of more than monthly and reviews have been done as 
and when care needs changed, or contact was made with health 
professionals.  

•  Review sections in care plans have been updated as and when contact 

has been made with external professionals.  

•  Where service users’ medicines may cause drowsiness and increase risk 
of falls, this is identified in care plans and risk assessments. Medical 
advice has been sought for service user when their needs have changed, 
for medicines to be reviewed.  

•  Analysis of trends in incidents and accidents across the home occurred to 
determine whether any further action could be taken to mitigate risks to 
people.  

•  There were systems in place to review incidents and accidents on an 

individual basis to reduce the chance of a similar incident occurring again. 
•  Following analysis, a referral to the local falls team has been made for one 
service users. In addition, night monitoring had been changed for another 
person. There were details of where staffing levels had changing to meet 
peoples need. 

•  There had been falls recorded where no injuries were sustained so 

therefore no medical attention needed. Care plans stated that staff should 
monitor every four hours for 24 hours following a fall. 

•  The operations manager carried out a monthly quality assurance tool 
where falls management was checked. This tool would identify if any 
patterns or trends of falls had not been addressed. There were no 
concerns identified in the quality assurance tool. 

•  Records showed healthcare professionals had been involved for other 
healthcare conditions, for example occupational therapy and tissue 
viability nurses. The service acted appropriately to changes in healthcare 
needs. The GP was conducting twice weekly ward rounds via Zoom. 
•  There were many good aspects of monitoring within the service such as 
audits on safeguarding, activities and wellbeing and Benzodiazepine 
usage. Where improvements were needed, an action plan was put in 
place and followed up. 

3 

 
 
 
 
 
 •  On the day of inspection when the inspector arrived on site a person had 
fallen, and an ambulance was present. The manager was analysing what 
could be done to prevent reoccurrence and we had a discussion where the 
manager said they do not wait until the end of the month to review 
incidents/accidents but do this as and when they occur.  

We will continue to monitor information we receive about the service until we 
return to visit as per our re-inspection programme. If we receive any concerning 
information we may inspect sooner. 

Finally, please include the reference number 
any further information from us. 

Thank you in advance for your assistance. 

Yours sincerely 

 if you require 

CQC Inspection Manager  

4
Response from Castlehill Specialist Care Centre (PDF)
Regulation 28: Report to prevent Further Deaths 

Castlehill Specialist Care Centre confirm the following actions have been taken: 

We have fitted extra assistive technology in the form of individual door sensors to 
every bedroom to alert staff to residents’ movement. This is in addition to the 
acoustic monitoring system that was already in place in each bedroom. 

In order to aid timely access to the building we have fitted several new 
monitoring screens throughout the corridors linked to the external door bell with 
an audible alert. 

We will continue to make 111/999 calls following any fall and will call 999 
whenever a resident falls who is prescribed Apixaban. This will continue despite 
some concern from the Local Authority that we are availing of these services too 
often. 

Upon any fall we continue to raise safeguarding alerts and will request 1:1 
funding to maintain the resident’s safety whilst further assessments take place 
where appropriate. This funding is often declined and in that eventuality we we 
will review the suitability of the placement. 

We have improved access to a very good Occupational Therapist 
with whom we have an excellent working relationship. Unfortunately due to the 
level of cognitive impairment of a number of our residents there is often little 
prospect of meaningful rehabilitation but we are grateful of the support and 
continue to refer. 

EB had previously been assessed by Physiotherapy and Occupational Health in 
hospital and due to his dementia diagnosis and severe cognitive impairment he 
was sadly deemed as not being suitable for rehabilitation. 

We have a weekly ward round with the GP are our Senior nursing team where all 
information including multi-disciplinary referrals are discussed and appropriate 
referrals are made by the GP. 

Director of Operations

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