Prevention of Future Deaths reports · 2021

Ben King

Regulation 28 report to prevent future deaths, reference 2021-0250, written 20 Jul 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report20 Jul 2021
Reference2021-0250
DeceasedBen King
CoronerJacqueline Lake
Coroner areaNorfolk
CategoryHospital Death (Clinical Procedures and medical management) related deaths · Care 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 

. 
REGULATION 28 REPORT TO PREVENT DEATHS 

THIS REPORT IS BEING SENT TO: 

1. 

Jeesal Akman Care Corporation Ltd
Jeesal Holdings Ltd
Jeesal Residential Care Services Ltd 
16-18 High Street
Dereham 
Norfolk 
NR19 1DR 

2.  Norfolk & Norwich University Hospital

Colney Lane
Norwich 
NR4 7UY 

1.  CORONER 

I am Jacqueline LAKE, Senior Coroner for the area of Norfolk 

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 07/08/2020 I commenced an investigation into the death of Ben Buster KING, aged 32.  The 
investigation concluded at the end of the inquest on 09/07/2021.  The medical cause of death was: 

Acute Type II Respiratory Failure 
Obesity Hypoventilation Syndrome and Use of Sedative Medication 
Obesity 
Down's Syndrome, Obstructive Sleep Apnoea 

1a) 
1b) 
1c) 
1d) 
2 

The conclusion of the inquest was: Failure to diagnose obesity hypoventilation syndrome and 
inadequate consideration of the use of promethazine.  Failure to identify the seriousness of a life-
threatening situation. 

4.  CIRCUMSTANCES OF THE DEATH 

Ben was detained under the Mental Health Act at Jeesal Cawston Park (JCP) from 2018. 
His medical history included Down’s Syndrome, severe learning disability and sleep apnoea in 
respect of which he had used a CPAP machine but was not always tolerant. 
Ben’s weight as at June 2019 was recorded at 85.2 kg which had risen to 106 kg by June 2020. 
Ben attended at Norfolk and Norwich University Hospital (NNUH) on 9, 10th, 12th July 2020 following 
respiratory problems and was discharged to JCP. 
At 22.00 on 28 July 2020 Ben was given 
of agitation. 
In the early hours of 29th July 2020 Ben became unwell. 
At about 0700 CCTV showed Ben unresponsive. Emergency services were called at 07.07. 
Ben was taken to Norfolk and Norwich University Hospital where he was pronounced dead later that 
day. 

Promethazine, a sedative, as he was showing signs 

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: 

JCP 

1. 

Jeesal Akman Care Corporation (Directors: 
the care provider for JCP and closed in May 2021. However, Jeesal Holdings Ltd (JHL) and 
Jeesal Residential Care Services Ltd (JRCSL) and possibly other linked companies with the 
same Directors, continue to provide residential care to persons with mental health illness, 
learning disabilities, complex needs and physical disability. The concerns raised at the 
inquest could apply to residential care offered by these companies and unless such concerns 
are addressed there is a risk that future deaths may occur. It is not known if the Directors of 
these companies namely 
other companies providing care for persons with learning and other disabilities 

are Directors of any 

) was 

2.  CCTV was shown at the inquest which revealed Ben King had been assaulted in the hours 

prior to his death and also that 1 to 1 observation was not carried out in accordance with the 
Observations Policy. CCTV is a reliable means of ensuring that staff comply with Policies and 
residents are treated with dignity. CCTV is not available in many if not all of the residential 
homes owned by JHL and JRCSL. 

3.  Basic dietary advice and guidance provided was not followed by staff. 
4.  The use of the Dietician in training of staff was reduced in 2017 from one day’s training to an 

5. 

hour’s power point presentation 
Important records were not completed by staff, eg Food intake, Exercise, Weight and vital 
observations 

6.  Evidence was heard that exercise was not regularly offered to Ben King and when the Sports 

Instructor was absent for lengthy periods of time, there was no replacement 

7.  Multi-Disciplinary Team (MDT) Meetings were not held every 4 to 6 weeks as required. At 
MDT meetings which did take place, out of date weight measurements were recorded and 
relied upon for Ben. His increasing weight gain was not discussed at these meetings and 
weight loss was not set as a desirable or essential goal 

8.  JCP used the Pandora software system, (company Directors for Pandora are the same as for 
JHL and JRCSL) which is still used at the residential homes owned by JHL and JRCSL. 
Concerns were raised at the inquest in respect of this software system in that not all policies 
and documents were available to staff on the IPads provided, some of the documents were 
unwieldy and difficult to read (eg Personal Healthcare Plan), the Dietician recommended use 
of paper records in respect of Food and Fluid intake as these would be more accessible to 
staff and encourage the documents to be completed or in the alternative providing for the 
records on Ipads to be more easy to access and complete 

9.  The internal investigation carried out following Mr Ben King’s death did not capture the 

concerns raised at inquest 

10.  Evidence was heard that no substantive changes have been made at the residential homes 

owned by JHL and JRCSL following the death of Ben King and the closure of JCP to deal with 
these concerns 

NNUH 

1.  Guidance was sought by Emergency Department (ED) when Ben King attended on 10 July 
2020 from a Respiratory Consultant, who was not made aware that Ben King had attended 
some 6 hours earlier with the same symptoms. 

2.  The Respiratory on call consultant was not contacted when Mr King returned to NNUH two 

days later on the 12 July 2020 with the same symptoms. 

3.  At the time of Ben King’s attendance at NNUH, Ben King was under the Respiratory Team 
and had been seen a few days earlier, on the 3 July 2020. The Respiratory Team was not 
made aware of Ben King’s attendances at ED on 9, 10 or 12 July 2020 with respiratory 
problems 

4.  Advice given on discharge appears to be unclear and contradictory. The expert Respiratory 

Consultant referred to the advice as being “inadequate, unclear and inaccurate” 
On the Discharge Form provided on 9 July 2020 it is noted “Plan – home as Ben is back to 
normal, self, red flags and safety netting covered, to return in the event of any difficulty.” 

 On discharge from ED on 10 July 2020 (second occasion) the hospital record states that Ben 
King is to return home, encouraged to lose weight, fluids are to be encouraged and “with no 
need to monitor his sats unless clinically unwell with sats in 60s%”. Not all of this information 
was included in the Discharge Form on 10 July 2020: The Discharge Form provided under 
“Other” - “seen by respiratory team, they are happy to send him home, they have clerked their 
advice on the paper. Cpap and O2” 
On 12 July 2020 the Discharge Plan provided “Home”. 
The advice from the Respiratory Consultant seen on 3 July 2020 was for CPAP to stop. 
Evidence was heard from the Care staff at JCP that they were unclear as to what the plan 
was with regard to Ben and specifically as to when Ben was to be returned to Hospital. One of 
the Doctors at JCP contacted the ED, NNUH to try to ascertain what the advice was and was 
unable to get any substantive response. Email contact was made with the Respiratory Team 
but no response was received until after Ben King’s death on 28 July 2020 

5.  The section headed “Drug History” was not completed on the Discharge Form on Ben King’s 
attendances on 9 or 12 July 2020. On 10 July, it states “nil significant”. This is despite Ben 
King being prescribed Promethazine, a sedative medication, affecting the respiratory system. 
Evidence was heard that not all prescribed medications could be expected to be included in 
“the small space” provided. That this is a medication where consideration would have been 
given to a risk vs benefit analysis but there was no evidence of any such analysis. Regulation 
28 evidence was that not all medication can be listed; only “pertinent” medication. 
Promethazine would appear to be such a medication 

6.  Arterial and venous blood gas samples were taken from Ben King on his attendances on 9 
and 10 July 2020, which the Respiratory Consultant said in evidence were incomparable 
(although this was not the evidence of the Expert Respiratory Consultant). No blood gas 
samples were taken on the 12 July 2020 

6.  ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you (and/or your 
organisation) have the power to take such action. 

7.  YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this report, 
namely by 09 September 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. 

8.  COPIES and PUBLICATION 

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

, mother 

, father 

Dr 

Clinical Commissioning Group 
Norfolk Safeguarding Adults Review Group 
Care Quality Commission 
Department of Health 
HSIB 
Healthwatch - Norfolk 

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.  Dated: 20 July 2021 

Jacqueline LAKE
Senior Coroner for Norfolk 
Norfolk Coroner Service 
County Hall 
Martineau Lane 
Norwich  NR1 2DH

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 Jeesal Residential Care Services (PDF)
Jeesal Residential Care Services ltd 
16-18 High Street
Dereham, Norfolk
NR19 1DR

Web:  www.jeesal.org 

Regulation 28: Response to report to prevent future deaths. 

Jacqueline LAK 
Senior for Norfolk, 
Norfolk Coroner Service 
County Hall 
Martineau Lane 
Norwich   
NR1 2DH 

Date: 4th September 2021 

Reference Ben Buster King / Inquest/Reg28/Response 

Dear Jacqueline Lake, 

I am writing to you in your response to the regulation 28 report. 

Firstly, I would like to send my deepest condolences to the family relatives of Ben Buster 
King.  
The staffing team at Cawston Park worked hard to provide the care and support to Ben in his 
time at the Hospital and we were deeply saddened by his tragic death.  

I have requested from our Managing Director 
the regulation 28 report. His response is enclosed along with this letter. 

, to respond to the points within 

We as the non- executive directors of the board, namely 

 and 

, have made further changes to the way our remaining care organisation operates.  

These changes are as follows: 

1. The board membership will be balanced between executive and non-executive

directors.

2. The board will seek independent verification of operational management reports.

This task will be carried out by a non-executive director.

3. The Board will commission independent staff and family surveys.

4. Since closing the Hospital service in May 2021, we have taken the decision that we

will not run Hospital services in the future.

Your sincerely 

 
 
  
 
 
 
 
 
 Jeesal Cawston Park 
16-18 High Street  
Dereham, Norfolk 
NR19 1DR 

Email:  info@jeesal.org 
Web:  www.jeesal.org 

Following the tragic death of Ben King and the subsequent Inquest, the Coroner issued a report 
under paragraph 7, Schedule 5 of the Coroners and Justice Act 2009 and regulations 28 and 
29 of the coroners (Investigations) Regulations 2013.  This letter is our response to that report. 
Each of the Coroner’s 10 points are responded to in turn.  

1.  The management of Jeesal Residential Care Services (JRCS) is led by 

, 
who has over 40 years of experience in the Health and Social Care sector, holding a 
number  of  senior  appointments  including  CEO/MD  in  the  public,  independent  and 
charitable  sector.  He  also  has  a  clinical  background  and  significant  management 
training and experience in the sector.  He is not a shareholder in any Jeesal Company 
or subsidiary, nor any other private company in the Health and Social care field. He is 
not a statutory Director of any company or subsidiary owned in whole or in part by the 
Directors named in the coroner’s report.  

  do  not  have  any  day-to-day 
responsibilities for the activities of Jeesal Residential Care Services, this is delivered 
through an Operational Management Team (OMT) which reports to the MD. In addition, 
the organisation has a Governance Assurance Team (GAT) which also reports directly 
to the MD.  

  are    Non-Executive  Director  of  Jeesal 
Residential Care Services Board. The MD is currently seeking to strengthen the Board 
with the appointment of additional non-executive directors (NXD). 

JRCS is a community-based service for people with learning disability and or autism. 
our services are delivered in ordinary houses, sometimes adapted to meet the specific 
care needs of an individual. The services in the main are funded by the local authority 
and the residents have full access to the same community facilities as the rest of the 
local population. 

2.  CCTV  is  often  used  in  hospital  settings,  though  only  in  shared  public  areas.  CCTV 
would  be  totally  inappropriate  in  the  residential  homes  that  we  manage.  It  could  be 
considered an intrusion in the rights and liberties of residents, who consider the house 
as their home.  

Regular training, supervision of staff is key to good practice. In addition, internal and 
external inspection offer the opportunity to monitor that practice is both supportive and 
safe.  Our  residential  services  are  overseen  by  a  Service  Governance  Team  (GAT), 
This team consists of a HR member, Training Manager, Head of Quality, Community 
Development Managers, Business Development Director and MD. They bring a wide 

Jeesal Care is the holding name for: 
Jeesal Residential Care Services Limited, Registered No: 04062939 
 Jeesal Support Services Ltd company number 08331750 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Jeesal Residential Care Services  

range of experience and expertise to the role.  They  carry out planned and un-planned 
reviews of each service and develop with the home manager action plans, which they 
also monitor progress against.   

3.  Each  home  has  access  to  an  external  multidisciplinary  team-  Community  Learning 
Disability Team.  Where there is a need for dietary advice then a referral is made to the 
team. The referral is made on an individual basis and any treatment and support plan 
will be shared and explained to the staff and monitored by the GAT and the CLDT In 
addition,  every  resident  is  registered  with  a  local  GP  practice  and  therefore  has  full 
access through this route to community,  primary and secondary care and treatment 
services made up of local health service and social care professionals. 

4.  The  training  of  staff  in  Residential  Services  is  very  different  from  that  in  a  hospital 
setting. There is a two-week induction programme in a classroom setting with additional  
e-learning modules. the training department also offers support for the Care Certificate, 
which is a nationally recognised award that all staff are required to complete to work in 
the service.  

5.  The residential service does not employ Dieticians, please see my response at point 3. 
We access this service through the residents GP or a referral from a member of the 
joint NHS/ LA Community Learning Disability Team (CLDT). This is in recognition that 
all of our residents live in our homes in the community. Many of our homes are ordinary 
houses  scattered  around  the  county.  The  people  who  live  in  our  homes  are  very 
different  from  hospital  patients  their  support  focus  is  on  everyday  living  skills  and 
community integration and participation.  

6.  The MD and members of the GAT have access to every resident’s care file, we also 
have  access  to  a  whole  range  of  information  on  each  resident,  all  of  which  we  can 
access  remotely.  The  GAT  carries  out  regular  service  reviews  and  unannounced 
inspections.  Where  there  are  deficiencies,  the  GAT  will  work  with  the  Registered 
Manager to correct these deficiencies which may include report writing, care planning, 
risk  assessments  and healthy living  plans.    As an  example, the GAT recently  found 
inconsistencies  in  recording  of  information  on  Pandora,  with  some  confusion  as  to 
record entries. This led to the establishment of a Pandora User Group, to work with 
homes to improve consistency of recording and content. 

We  have  also  recently  given  access  to  the  Pandora  system  to  local  authority 
professional staff so they can review the residents’ files. 

7.   Because  our  primary  focus  is  community  participation,  we  do  not  employ  a  Sports 
instructor. We encourage, wherever possible, for our residents to access community 
facilities  including  local  gyms,  swimming  pools  and  a  wide  range  of  community 
activities. Each service user has a written care plan, this is developed with the individual 
and takes account of his / her preferences, interests, lies and dislikes, it will also involve 
input from external professionals.  

8.  Each resident is registered with a GP practice, who carry out a yearly health MOT on 
our  residents.    This  covers  weight  management.  This  intervention  and  any 

Jeesal Care is the holding name for: 
Jeesal Residential Care Services Limited, Registered No: 04062939 
 Jeesal Support Services Ltd company number 08331750 

 
 
 
 
 
 
 
 
 
 Jeesal Residential Care Services  

recommendations from it are shared with the Manager and staff of the resident’s home 
and  incorporated  into  the  resident’s  care  plan.    If  required  a  referral  is  made  to 
secondary health services or to the CLDT.   

The  CLDT  have  nurses  who  can  advise  and  support  on  healthy  lifestyles  and  will 
monitor progress. They are also have the expertise to support home staff in a whole 
number of general health and mental health issues and where necessary they can refer 
a resident to another member of the team. The CLDT also carry out regular out-patient 
appointments,  led  by  a  Consultant  Psychiatrist  and  any  interventions  or  onward 
referrals would be agreed and actioned from this appointment.  

9.  The  Pandora  system  is  still  under  development  in  Residential  Services.  We  have 
recently  strengthened  and  improved  our  systems,  having  taken  learning  from  the 
issues at Cawston Park. This includes the creation of Pandora User Group. This group  
involves home staff to ensure that the Pandora Information System is accessible and 
useful  to  staff  teams  in the  homes.    However,  we have to strike  a  balance between 
ensuring we capture essential information and not creating too much information.  This 
is a task for the Pandora User Group. 

10. Access  by  our  staff  for  policies  and  procedure  is  via  a  different  system  called  My 
Learning  Cloud.  Every  member  of  staff  when  joining  the  organisation  is  given  an 
account on My Learning Cloud to track their training, access Policies and Procedures 
and a range  of  staff focused activities.  Another  learning  for  us is  the  setting  up  of  a 
Pandora user group, which is a recent development. This is a cross section of staff in 
the  organisation  to  look at  the further  development  of  Pandora,  how  we ensure  it  is 
user friendly and what additional training is required by staff to ensure easy access to 
the system.  

We  note  the  suggestion  by  the  Dietician  to  have  a  paper-based  system.  We  am 
resistant to this as this will undermine my ability and the ability of  GAT and external 
colleagues to monitor  remotely.  I  consider  a  two-system  approach  to be detrimental 
when trying to achieve a whole system approach to care and support. Unlike a hospital 
where  the  patients  are  in  one  place,  our  residential  services  are  spread  across  the 
county and as such, while physical attendance at a home is important, so too is remote 
access. In addition, the Pandora system allows us to carry out statistical analysis and 
monitor trends.  

11. The  coroner  is  correct  the  investigation  did  not  capture  the  concerns  raised  in  the 
inquest. However, the investigation was halted due to the matter becoming a Police 
Investigation and as such common practice is any internal investigation is suspended 
to ensure it does not compromise the Police enquiry. I am satisfied that if we had been 
allowed  to  proceed  all  of  the  issues  would  have  been  identified  by  the  investigating 
officers.  

12. Our  Head  of  Quality  regularly  reviews  our  SI  and  RCA  procedures  in  the  light  of 
updated guidance. Where guidance changes then the Head of Quality will update our 
Policy and procedures in this area. The Service Governance Committee is required to 
ratify the changes and only then will the MD sign it off. 

Jeesal Care is the holding name for: 
Jeesal Residential Care Services Limited, Registered No: 04062939 
 Jeesal Support Services Ltd company number 08331750 

 
 
 
 
 
 
 
 Jeesal Residential Care Services  

13. The residential homes have learned the lessons where applicable from the experiences 
of Cawston Park and from other investigations of a similar nature. The main area of 
lessons learnt was in the area of information sharing with professional colleagues. This 
still requires more work, and the MD meets regularly with Managers in NCC and the 
CLDT  and takes  forward  personally  any  shortfalls  in this  area,  referring  them  to  the 
individual  home  manager  to  address  or  to  the  GAT  to  give  support,  guidance  and 
support  However, the delivery of services in the community are very different in their 
style and function as well as purpose. The majority of people in hospital are held under 
a section of the Mental Health Act and in some cases, they have additional Home Office 
restrictions upon them. This is not the case in residential services. In addition, a patient 
in a hospital is subject to management of their treatment by a Responsible Clinician, 
usually a Consultant Psychiatrist. This is not the case for the majority of people living 
in the community, nor should it be.  

However, with our external colleagues in Social Services we have being carrying out a 
review of each resident in our homes to ensure they are correctly placed, and the care 
package is appropriate to meet their needs. We have also ensured that residents in our 
homes are considered for a different service due to changing needs. We are working 
with our health and social services colleagues to seek ways of improving the care and 
support of our residents from external professionals and additional training for our staff. 
We  meet  weekly  with  our  Social  Services  Colleagues  and  a rolling  action  plan  is  in 
place. 

Hospitals by their very nature are much more comprehensive in the way that care, and 
treatment is delivered, the majority of staff including the Multi-Disciplinary Team (MDT) 
are  employed  by  the  organisation  that  owns  the  hospital.  However,  the  operational 
framework in the community is based on shared care with a range of organisations and 
professionals, this arrangement ensures that the necessary checks and balances are 
in place. The operational functioning of a hospital is alien to the workings of residential 
services and to the people we support.  

While  lessons  can  be  learned  from  any  enquiry,  it  does  not  necessarily  follow  that 
sweeping  changes  should  be  made  in  residential  services  unless  those  changes 
emanated from a review of residential services elsewhere. In which case there would 
undoubtably be valuable lessons to learn. the people that are supported, the staff the 
management  and  the  collaborative  working  in  our  services demonstrate  that  we are 
well ahead of the workings of a hospital setting. Hospital systems and processes are 
often not relevant to the way services are delivered for our residents.  

Managing Director 

Jeesal Residential Care Services.  

Jeesal Care is the holding name for: 
Jeesal Residential Care Services Limited, Registered No: 04062939 
 Jeesal Support Services Ltd company number 08331750 

 
 
 
 
 
 
 
 
 Jeesal Residential Care Services  

1st   September 2021 

Jeesal Care is the holding name for: 
Jeesal Residential Care Services Limited, Registered No: 04062939 
 Jeesal Support Services Ltd company number 08331750
Response from Norfolk and Norwich University Hospitals (PDF)
' 

, 

To  provid~: cw.ry  p,Aii::nt 
·:.1ith the cJre \·,re  war t 
for  those  we  love  irie most 

Ms  Jacqueline Lake 
Senior Coroner for Norfolk 
Norfolk Coroner Service 
County hall 
Martineau  Lane 
Norw ich  Nl~ 'i  2DH 

By e-mail only 

r,r;-z--r-:;J 
Norfolk and  Norw ich  University Hospitals  LLLU':"_j

Office of the Chief Executive 
Norfolk &  Norwich  University  Hospitals 
NHS  Foundation Trust
l\!orvvich  Research  Park
Colney  Lane
r--!R4  7UY 
www . nn uh. nh s. uk 

Norwich 

15  November 2021 

Dear Madam 

Regulation  28  response - touching the death of Ben  King 

I am  writing  in  response to  the  Regulation  28  report  that  I received  on  23  July  2021 .  I hope  that 
this  letter  will  satisfy  you  that  the  matters  of  concern  raised  in  the  Report  have  been  carefully 
considered  by the Trust and  appropriate action  has  been  or is  being taken. 

The  Report  raises  6  areas  of  concerns  regarding  the  Norfolk  and  Norwich  University  Hospital. 
Our response  in  relation  to  each  of these  is  set out  below: 

1.  Guidance  was  sought by Emergency Department  (ED)  when  Ben  King  attended on  10 
July  2020  from  a  Respiratory  Consultant,  who  was  not  made  aware  that  Ben  King  had 
attended some 6 hours earlier with  the same symptoms. 

Dr 
  (Emergency  Department  Consultant  and  Clinical  Governance  Lead  for  ED) 
confirms  that  the  medical  records  for  10  July  2020  make  reference  to  Mr  King 's attendance 
on  9 July 2020.  Under the  section  of those  records  headed "History of presenting condition" 
(Medical records Bundle D page  14) the  ED doctor recorded  "had presented to  ED yesterday 
was  assessed and went home  ... " 

As  part  of the  medical  records , this  information would  have been  available to  the  Respiratory 
Medicine  Team  when  Mr King  was  assessed  by  the  Respiratory  Registrar.  It  is  understood 
that  the  Registrar  did  not  specifically  reference  this  information  when  then  presenting  a 
summary of the relevant facts to the consultant. 

The  amount of information  to  include when  making  a clinical  case  presentation will  vary from 
patient  to  patient  depending  on  the  particular  facts  at  the  time.  Dr 
  (Consultant 
Respiratory  Physician)  advises  that  the  previous  attendance  to  A&E  would  not  be  an 
indication  for  admission;  although  this  is  helpful  information,  it  is  the  circumstances , clinical 
assessment and  investigation  results which  are the  main  deciding factors. 

That  said,  the  importance  of  effective  communication  is  clearly  recognised  and  to  promote 
good  quality  handovers  the  Respiratory  team  now  hold  a  daily  morning  report  meeting , 
attended  by  all  the  on-call  specialities.  At these  meetings  cases  are  discussed  and  referred 
to  other specialities as  appropriate. 

 
 2.  The Respiratory on  call  consultant was  not contacted when  Mr King  returned to  NNUH 
two  days later on the  12 July 2020 with the same symptoms. 

tO  U·1e  Emei·g ei-1cy 
Our  Oil-call  resp iratory  pi1ys icia il s  ai·e  avai lable  to  prov id e  advice 
Departm ent  doctors  as  requ ired  and  the  ED  staff  so ught  su ch  advi ce  with  respect  to  Mr 
King's case when  he  presented on  10 July 2020. 

When  to  seek  such  specialist  advice  is  a  matter  of  clinical  j udgment  and  it  was  not 
considered  necessary to  make a furthe r referral  to  the  Respiratory  Physicians for advice with 
respect  to  the  same  patient  and  same  sym ptoms  on ly  two  days  later.  This  case  has 
however been  discussed through  the  ED clin ical  governance  process  to  ra ise  awa reness  of 
th e  rare  diagnosis  of obesity  hypoventilation  syndrome  which  can  deve lop  from  obstructive 
sleep apnoea. 

3.  At the  time  of Ben  King's  attendance  at NNUH,  Ben  King  was  under  the  Respiratory 
Team  and had been  seen  a  few  days  earlier,  on  the  3  July  2020.  The  Respiratory  Team 
was  not  made  aware  of  Ben  King's  attendances  at  ED  on  9,  10  or  12  July  2020  with 
respiratory problems 

It  is  documented that the on-call  Specialist Respiratory team were  contacted  on  10 July 2020 
and they assessed  Mr King  accordingly. (Medical  records  Bundle  D pages  15, 20 and  21). 

4.  Advice  given  on  discharge  appears  to  be  unclear  and  contradictory.  The  expert 
Respiratory  Consultant  referred  to 
the  advice  as  being  "inadequate,  unclear  and 
inaccurate" 

•  On  the  Discharge Form  provided on  9 July 2020 it is  noted "Plan - home as  Ben is 
back to  normal,  self,  red flags  and safety netting covered,  to  return  in  the  event of 
any difficulty;" 

•  On discharge from  ED on  10 July 2020 (second occasion) the hospital record states 
that  Ben  King  is  to  return  home,  encouraged  to  lose  weight,  fluids  are  to  be 
encouraged and "with no need to  monitor his sats unless clinically unwell with sats 
in  60s%".  Not all of this information  was included in  the  Discharge Form  on  10 July 
2020:  The  Discharge  Form  provided  under  "Other"  - "seen  by  respiratory  team, 
they  are  happy  to  send  him  home,  they  have  clerked  their  advice  on  the  paper. 
Cpap and 02" 

•  On  12  July  2020  the  Discharge  Plan  provided  "Home".  The  advice  from  the 
Respiratory  Consultant seen  on  3  July 2020  was  for  CPAP  to  stop.  Evidence  was 
heard from  the  Care  staff at JCP  that  they  were  unclear as  to  what  the  plan  was 
with  regard to  Ben  and specifically as  to  when  Ben  was  to  be returned to  Hospital. 
One  of the  Doctors  at JCP  contacted  the  ED,  NNUH  to  try  to  ascertain  what  the 
advice  was  and  was  unable  to  get  any substantive  response.  Email  contact  w as 
made  with  the  Respiratory  Team  but  no  response  was  received  until  after  Ben 
King's death  on 28 July 2020 

in 

to  clinicians 

the  Community  and 

The  importance  of clear  liaison  and  communication  between  hospital  and  community  teams 
is  obvious  and  the  Hospital  has  accordingly  made  its  electronic  results  system  (ICE) 
available 
they  can  access 
correspondence,  such  as  discharge  letters.  This  is  however  only  an  initial  step  towards 
enhancing  the  digital  capability  of our  Norfolk  healthcare  system  which  unfortunately  is  one 
of  the  least  digitally  developed  of  any  in 
the  country.  We  know  that  establishing 
comprehensive  and  robust  lines  of communication  will  be  hugely  enhanced  by  establishing 
an  electronic patient  record  (EPR)  system  of the  type  used  in  many  other areas  of the  NHS. 
We  are  in  active  discussions  with  regional  and  national  colleagues  to  develop  the  case  for 
the  EPR across Norfolk and Waveney. 

this  route 

through 

In  the meantime, to minimise the  risk to  patients:-

2 

 • 

• 

the  Hospital  has  put  in  place  a  system  for  GPs  to  contact  the  Hospital  if  information  is 
unclear - via  a nhs.net email account,  which  is  manned 24/7  by the  ED  admin team,  who 
seek the most appropriate person to respond; 
the  entire  ED  team  have  been  reminded to  check with  carers,  relatives  and  patients that 
the  discharge  advice  is  clear  and  understood  so  that  people  know  what  to  do  if  the 
patient's condition  does not improve; 

, 

•  we  have  appointed  an  Associate  Medical  Director  with  a  particular  role  to  enhance 

liaison  between  hospital  and  clinicians  in  the community/primary care . 

The  position  with  respect  to  discharge  letters  is  a  regular  topic  of  discussion  at  Service 
Director meetings and  is  part of the monthly Performance Assurance  Framework (PAF). 

5.  The  section  headed "Drug  History" was  not completed on  the  Discharge  Form  on  Ben 
King's  attendances  on  9  or  12  July  2020.  On  10  July,  it  states  "nil  significant".  This  is 
despite  Ben  King  being  prescribed  Promethazine,  a  sedative  medication,  affecting  the 
respiratory system. 

Evidence  was  heard that not all prescribed medications  could be  expected to  be included 
in  "the  small space" provided.  That  this  is  a medication  where  consideration  would have 
been  given  to  a  risk  vs  benefit analysis  but there  was  no  evidence  of any such  analysis. 
Regulation  28  evidence  was  that  not  all  medication  can  be  listed;  only  "pertinent" 
medication.  Promethazine would appear to  be such a medication. 

Given  the  length  of time  that  Mr  King  had  been  taking  the  Promethazine  medication,  in  the 
clinical judgment of the doctors that saw and  assessed  Mr King,  this was  not considered  likely 
to  be  a cause of Mr King's  decline and  attendance at the  ED.  Changes/recommendations with 
regard  to  Mr King's  psychiatric medication were therefore not specified. 

Obesity  hypoventilation  syndrome  is  a  rare  condition  that the  ED  team  had  not  come  across 
before.  An  adverse  link  with  Promethazine  has  been  highlighted  amongst  the  team  through 
the departmental clinical  governance process,  to  inform their assessment of future  patients. 

6.  Arterial  and venous  blood gas  samples  were  taken  from  Ben  King  on  his  attendances 
on  9  and  10  July  2020,  which  the  Respiratory  Consultant  said  in  evidence  were 
incomparable  (although  this  was  not the  evidence  of the  Expert  Respiratory  Consultant). 
No  blood gas samples were  taken on the  12 July 2020 

As detailed  in  the medical  documentation,  on  9 July 2020  a capillary blood test was  performed 
and  Mr  King  declined  further  blood  testing  (medical  records  bundle  D  page  3).  On  10  July 
2020  Mr King  agreed to ·undergo further blood  testing  and  an  arterial  blood  gas was  obtained. 
The tests  performed  on  9 &  10 July were therefore different. 

Arterial  blood  sampling  is  a  medical  procedure that  requires  particular clinical  skills. 
It  can  be 
painful  and  hazardous,  with  a  number  of  potentially  serious  complications  for  the  patient, 
recognised  as: 
• 

Local  hematoma (bruising) 

•  Damage to the blood  vessel. 

•  Arterial  occlusion (blockage) 

• 

Infection  at the  puncture site 

•  Air or thrombus embolism 

•  Anaphylactic reaction to  local  anaesthetic 

This  is  therefore  to  be  exercised  only  with  specialist  equipment  available  and  in  appropriate 
the  patient's 
clinical  circumstances  based  on  clinical  assessment  and 
circumstances  at  the  time. 
It  is  not  appropriate  for  this  to  be  reduced  to  a  prescriptive  list. 
The  ED  team  have  however discussed  Mr King's  case  and  raised  awareness generally  of the 

judgment  of 

3 

 importance of obtaining tests when they are  needed to  inform the  management and  next  stage 
of a patient's treatment. 

hope  tr1at  this  information  provides  you  wiU1  u-1e  necessary  assurance  that  the  Trust  l1as 
considered  Mr King's  case  carefully.  It was  acknowledged  by  HM  Coroner's expert - Dr
  -
that there was  a spectrum of decision  making available in  this  case , with  admitting  Mr King  at  one 
end  of the  range  and  sending  him  home at  the  other end.  The  clinical  teams  have welcomed the 
 opinion 
opportunity to  discuss this  difficult and  complex case.  They have  considered  Dr 
carefu lly  so  that  the y  can  bring  understand ing  of  that  range  of  opinions  to  bear  when  treating 
future  patients. 

Yours sincerely 

Chief Executive 

4

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