Prevention of Future Deaths reports · 2021

Jos Tartese-Joy

Regulation 28 report to prevent future deaths, reference 2021-0435, written 31 Dec 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report31 Dec 2021
Reference2021-0435
DeceasedJos Tartese-Joy
CoronerAlison Mutch
Coroner areaGreater Manchester South
CategoryHospital Death (Clinical Procedures and medical management) related deaths · Child Death (from 2015)
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. Sajid Javid, Secretary of state for Health and Social Care.

1 | CORONER

| am Alison Mutch , Senior Coroner, for the Area of Greater 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

[3 | INVESTIGATION and INQUEST

| On 17" December 2020 1 commenced an investigation into the death of

| Jos Tartese-Joy. The investigation concluded on the 30 November 2021
and the conclusion was one of Narrative: Died from the complications of
fetal vascular malperfusion, and a small placenta not identified until after
death in a high risk pregnancy where an induction of labour had not been
arranged before 44 weeks was reached and where the lack of a heart
beat was not immediately identified as CTG monitoring was not used
because the risk his birth presented at 41 weeks with the low PAPP-A
was not recognised.

The medical cause of death was 1a Severe hypoxic ischaemic
encephalopathy 1b Perinatal asphyxia.

4 | CIRCUMSTANCES OF THE DEATH

Jos Tartese-Joy's Mother was identified as having a low PAPP-A level on

the combined screening test. Her pregnancy was as a consequence a

high risk pregnancy. His parents and the community team were not

explicitly told that the pregnancy was high risk or that it would be

advisable to induce labour if he was not born by 41 weeks. A series of

growth scans were undertaken at 28, 32, 36 and 39 weeks. His centile

| growth dropped from the 97th Centile at 32 weeks to the 75th centile by

| the 39 week scan. This was not seen as a concern. Applying the national
guidance. After the 39 week scan there was no obstetric review. No

| arrangements were made for an induction and his parents were unaware

___| of the risk. The notes identified low PAPP-A but did not set out that the

pregnancy was high risk. It was not identified or recognised that an
admission CTG would be advisable when his mother went into labour. At
41 weeks his mother went into labour following a sweep at 40+6. She
arrived at Stepping Hill Hospital at 21:10. At 21:25 the heart rate was
recorded at 118 bpm. A CTG was not used as it was not recognised that
her pregnancy was high risk and that she was at the point where an
induction would have been advised. As a consequence the heart rate was
not continuously monitored. His mother was 5cm dilated. At 21:47 the
midwife could not locate his heartbeat. At 21:49 that was escalated to a
more experienced midwife who could not find a heartbeat. At about 21:54
it was escalated to the registrar. His mother was transferred to the
delivery suite and at 21:56 the registrar scanned for Jos’ heart and two
flickers were seen. The Registrar moved to a category 1 section. Jos was
born by emergency section at 22:10. He was in very poor condition with
no heart beat or respiratory effort and significant meconium was present.
He was resuscitated and a heart rate was palpable after approximately 18
minutes. He was moved to Royal Oldham Hospital where it was
confirmed he had sustained severe brain damage as a consequence of
hypoxia. He died at Royal Oldham Hospital on 15th December 2020.
Post-mortem examination confirmed that the placenta was small and
there was fetal vascular malperfusion of the placenta which significantly
impacted placental function

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 inquest heard evidence that the pregnancy was considered to be a
high risk pregnancy .However the inquest heard that there was no
nationally recognised way of flagging this within the notes. The trust have
taken steps to be more explicit regarding this following Jos’s death .The
inquest heard that the consequence of it not being explicit in
communication or the notes was that his parents, the community midwife
and the GP were unaware that the pregnancy was considered to be high
risk.

2. The inquest heard evidence that the consultant would not have advised
that the pregnancy proceed beyond 41 weeks and that an induction of
labour would be offered before his mother reached that date. Disjointed
lines of communication with the community midwifery team and poor
communication with his parents meant that they were all unaware of that.
As a consequence there was no plan for an induction of labour in place.
The inquest heard that improvements had been made within the trust but
poor lines of communication with community teams increased the risk of

death of a baby.

3. The evidence before the inquest was that the layout of maternity
services at the trust meant that triage and delivery were on different
floors. The trust did have steps in place to alleviate the challenges of this
but the evidence was that it made it more difficult for full oversight of
patients. The inquest was told that this was not unusual across the NHS
estate.

4. During the inquest it was accepted that CTG monitoring should have
taken place at admission given that the pregnancy had been identified as
high risk. If that had been satisfactory then it would have been
appropriate to consider moving to regular monitoring. However that was
not understood by the midwifery team as it was not explicit within the
notes. The evidence was that clearer guidance and understanding
nationally of when to use an admission CTG would reduce the risk to a
baby during labour.

5. A student midwife was involved in the care. She followed the plan
developed with an experienced midwife carefully. There was a lack of
clarity regarding the escalation process she needed to follow if she
identified problems. The evidence was that to avoid delay it was
important that Trusts had clear escalation policies in place to
appropriately support trainee midwives.

6. Jos's position on the centile chart had dropped in the last weeks of the
pregnancy. The inquest heard that from a clinician's perspective the
guidance nationally was not to look at this but to look at the % weight
change between the last weight and the new weight. in hindsight the way

| he tracked on the centile chart appeared to reflect the challenges the

placenta was under and it was unclear why the dropping picture on a

| centile chart was not a trigger for further checks.

7. The antenatal visits occurred during the national lockdown and meant
that his father was not at the antenatal visits or present for the initial
examination on admission. This meant that Jos’s father was not able to
offer support and advocate for his mother during the pregnancy or
admission.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and |
believe you 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 25" February 2022. |, 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 namely the Family and Stepping Hill Hospital, who
may find it useful or of interest.

| 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.

ST Maa NUS Saiz |

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 Dhsc (PDF)
• 

Department 
of Health & 
Social Care 

From James Morris MP 
Parliamentary Under Secretary of State for Primary Care and Patient Safety 

39 Victoria Street 
London 
SW1H0EU

Our Ref:  PFD-1404142 

Ms Alison Mutch 
HM Senior Coroner, Manchester South 
Coroner's Court 
1 Mount Tabor Street 
Stockport 
SK1  3AG 

01•AUG  2022 

27th July 2022 

Dear Ms Mutch, 

HM  CORONER 
MANCHESTER SOUTH 

Thank you  for your letter of 31  December 2021  tQ  the Secretary of State for Health  and 
Social  Care. 
I  am  replying  as  Minister with  responsibility  for  Primary  Care  and  Patient 
Safety, and thank you for the additional time allowed. 

I would  like to start by saying how very sorry I was to read the circumstances of the death 
baby Jos Tartese-Joy.  I can appreciate how devastating his loss must be to his parents and 
all who loved him.  It is vitally important that we take the learning from Jos' death to prevent 
future tragedies. 

Therefore,  I  have  outlined  below the  action we  are taking  to  prevent future  deaths  and 
address your concerns outlined in your letter. 

I note that it was found that there was no nationally recognised way of flagging in maternity 
notes that a pregnancy is considered high-risk.  As a consequence, the community midwife 
and GP were not aware that the pregnancy was high-risk, and additionally the mother herself 
was not explicitly counselled  about this. 

To  improve women's access to  maternity records,  in  June 2021  an  additional £52 million 
was announced to fast track the provision of online maternity records.  This backs the long-
term  plan  commitment  _to  ensure  everyone  has  access  to  their  maternity  notes  and 
information electronically by 2023/24.  An initial component of this was to create an agreed 
upon format for the notes both in terms of layout and content.  This then has been taken to 
ensure "interoperability" - that is that the notes will be shared irrespective of clinical system. 

 
 Not only will this aid communication  between  healthcare professionals in different parts of 
the system.  It will also allow women to  have easy access to their maternity records to take 
full  control of their pregnancy by having information and  decisions about their care readily 
available.  The current format of having handheld notes, hospital notes and GP records does 
not allow for this single combined source of information. 

I note that as this pregnancy was not documented or communicated as being high-risk and 
steps were not taken to create a safe plan for management of the pregnancy and delivery. 
This included no consultant review and consequently no decision for induction. 

The  Maternity Transformation  Programme led  by NHSE, is committed  to  ensuring that all 
women have a Personalised Care and Support Plan in place, where risks are identified and 
discussed and where the principle offully informed consent is central.  A Personalised Care 
and  Support  Plan  is  a  series  of facilitated  conversations  in  which  the  person  actively 
participates  to  explore  the  management  of  their  health  and  well-being  so  that  all 
considerations that might impact on safe care are accounted for.  The agreed personalised 
care  and  support plan  is a  live document that should  reflect new risks that are  identified 
through the pregnancy and the decisions the woman makes about the care and support she 
wants to receive as she moves through her pregnancy.  Those decisions should be informed 
by the discussions she has with her healthcare professional about the benefits and  harms 
of the evidence-based options available. 

To improve communication and consistency of care for individuals, the NHSE are working 
with Trusts to roll out midwifery Continuity of Carer.  The Midwifery Continuity of Carer model 
is a way ofdelivering maternity care so that women receive dedicated support from the same 
midwifery team throughout their pregnancy. 

This  relationship  between  carer  giver  and  receiver  has  been  proven  to  lead  to  better 
outcomes  and  safety  for  woman  and  baby.  Continuity  of  carer  promotes  closer 
relationships, with women  more likely to disclose health  concerns to  a midwife they know 
and  trust.  Access  may  also  be  quicker,  which  means that care  and  treatment  may be 
expedited.  Therefore, this model of care improves communication between the women and 
healthcare  professionals  as  women  are  receiving  care  from  the  same  midwifery  team 
In  high-risk  pregnancy,  this  model  of care  is  particularly 
throughout  their  pregnancy. 
important. 

NHSE are working towards achieving the ambition that 75% of women from ethnic minorities 
and deprived areas receive continuity of carer by 2024. 

In  October  2021,  guidance 1  was  published  to  support  Local  Maternity  Systems  and 
Integrated  Care Systems to  deliver continuity of carer at full  scale, following  an extensive 
process of listening to trusts, services and staff. 

1  https://www.england.nhs.uk/publication/deliverinq-midwifery-continuity-of-carer-at-full-scale-guidance-21-
22/ 

 I note that an admission CTG was not used for this mother and that slowing of fetal growth 
while noted on scans was not acted on. 

Every maternity service in the NHS is actively implementing elements of the Saving Babies' 
Lives  Care  Bundle  which  comprises  four  key  elements  of  care:  reducing  smoking  in 
pregnancy; risk assessment and surveillance for fetal growth restriction; raising awareness 
of reduced fetal movement; and effective fetal monitoring during labour. 

The  package  was  developed  by  groups  brought  together  by  NHS  England,  including 
midwives,  obstetricians  and  representatives  from  stillbirth  charities.  Though  the  NHS 
already follows much of this best practice, this is the first time that guidance specifically for 
reducing  the  risk  of stillbirth  and  early  neonatal  death  has  been  brought  together  in  a 
coherent package. 

Version two  of the  Saving  Babies  Lives  Care  Bundle  has  been  produced to  build  on  the 
achievements  of the  version  one.  This  version  aims  to  provide  detailed  information  for 
providers and commissioners of maternity care on how to reduce perinatal mortality across 
England.  It provides detailed information on  risk assessment,  prevention and surveillance 
of pregnancies at risk of fetal growth restriction.  The updated element seeks to focus more 
attention  on  pregnancies  at  high-risk  of  fetal  growth  restriction  and  underlines  the 
importance of properly training staff to carry out symphysis fund al height measurements. 

In  addition,  the  bundle  provides  detailed  information  on  effective fetal  monitoring  during 
labour such as trusts must be able to demonstrate that all qualified staff who care for women 
in  labour  are  competent  to  interpret  CTGs,  always  use  a  buddy  system  and  escalate 
accordingly  when  concerns  arise  or  risks  develop.  The  bundle  has  developed  a 
standardised risk assessment tool that all trust should use at the onset of labour. 

NHSE has published  updated guidance in June 2022, "Supporting pregnant women  using 
maternity services and access  for parents  of babies  in  neonatal units"2 •  This  guidance 
provides  detailed  actions  for  NHS  providers  of  maternity  services  to  facilitate  pregnant 
women having a support person of their choosing with them  at all antenatal appointments 
and during labour and parents of babies on neonatal units having access to their babies. 

All  maternity  units  should  be  allowing  all  partners  and  support  people  to  attend  all 
appointments and scans.  Health and care settings should continue to maintain appropriate 
infection prevention and control processes.  Related guidance will be kept under review and 
l:IPdated based on the latest clinical evidence where appropriate. 

2 https://www.enqland.nhs.uk/coronavirus/wp-content/uploads/sites/5212020/12/C1659-using-maternity-
services-and-access-for-parents-of-babies-in-neonatal-units-action-for-nhs-trusts-v2.pdf 

 Thank you for bringing these important issues and this tragic case to my attention.  I hope 
this letter offers you  reassurance that action is being taken in relation to the issue that you 
have highlighted. 

PARLIAMENTARY UNDER SECRETARY OF STATE FOR PRIMARY CARE AND 
PATIENT SAFETY 

..,._,....Ll,......~Ml"'lJWRIS MP

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