Prevention of Future Deaths reports · 2022
Regulation 28 report to prevent future deaths, reference 2022-0031, written 31 Jan 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 31 Jan 2022 |
|---|---|
| Reference | 2022-0031 |
| Deceased | Oskar Nash |
| Coroner | Richard Travers |
| Coroner area | Surrey |
| Category | Child Death (from 2015) · Mental Health related deaths · Railway related deaths · Suicide (from 2015) · Other related deaths · Hospital Death (Clinical Procedures and medical management) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 4 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
28 March 2022 Private and Confidential Mr Richard Travers HM Senior Coroner for Surrey Chief Executive Chief Executive’s Office Surrey and Borders Partnership NHS Foundation Trust Third Floor Leatherhead House Station Road Leatherhead KT22 7FG Dear Mr Travers, Oskar Miles Nash (deceased) Regulation 28 Report to Prevent Future Deaths Response from Surrey and Borders Partnership NHS Foundation Trust (“the Trust”) Thank you for the Regulation 28 Report to Prevent Future Deaths (“the Report”) dated 31st January 2022. I have considered the Report carefully, together with senior colleagues from our Children and Young People’s Service (CYPS). I have outlined below the steps that we have taken or intend to take, to address the concerns you have raised. Concern 1 The evidence at the inquest revealed that the staff responsible for the triage of referrals to child mental health services had insufficient understanding of Autism, its links to co-morbid mental health conditions, self-harm and suicidal ideation, and how to communicate with an autistic child. I have been told that the triaging process is now undertaken by an “Access and Advice Team” but I am concerned that there continues to be no requirement for the staff in that Team to undertake relevant Autism training on a mandatory basis. Our response A new “Autism Awareness” half-day training course, provided by the Association for Psychological Therapies (APT), has been added to the mandatory training matrix for all CYPS staff. The course is designed to raise staff’s knowledge and awareness of the importance of autism and covers issues such as: • What causes autism • What effect autism has on the person living with it, and their friends and family • What the most helpful responses to autism are The first training session was held on the 24th March 2022. The training is initially being offered on a priority basis to staff in the Access and Advice Team. Page 1 of 9 As an interim measure, while the “Autism Awareness” training is being rolled out, the document “Supporting autistic children and young people through crisis” (see Appendix 1) has been shared with all CYPS staff in the Trust. It is mandatory for all CYPS staff to sign to confirm they have read this document. The document is also going to be shared across the Alliance and a method is being developed to collect assurance that all Alliance staff have read it. Concern 2 The evidence at the inquest revealed that, despite a series of referrals to child mental health services over many years, Oskar Nash never received the clinical assessment he needed. I have been told that the system now in place ought to result in a child such as Oskar being seen and assessed by a clinical team. I am satisfied that the introduction of the Access and Advice Team, in the context of the new Mindworks service, is intended to ensure that a referred child’s needs are properly identified and met. However, on the basis of the evidence I heard at the prevention of future deaths hearing, including from a special needs school which has experience of referring its pupils, I am concerned that there is an ongoing risk that some referrals may be inappropriately closed (for example because the child, at an early stage, declines to engage) or inappropriately referred to non-clinical partner agencies. In this context, I am concerned that there is a lack of specific monitoring of what proportion of referred children reach a clinical team and the extent to which the outcomes match the expectations of the referrers (so that any ongoing “barriers” in the system, which may be preventing proper access to the clinical teams, can then be identified and eliminated). Concern 3 The evidence showed that a referral to the child mental health services is triaged initially as being crisis, urgent, priority or routine. The criteria for crisis, urgent and priority referrals are specific and narrow and, consequently, the great majority of referrals are categorised as routine. I have been told that the routine referrals are automatically categorised as “low risk”. I am concerned about this as it is clear from the evidence that a child may not meet the criteria crisis, urgent or priority but, like Oskar Nash, may nevertheless be at a high or medium risk of harm. The Trust is currently receiving a high volume of referrals and so there is a considerable waiting time for its “routine” cases to be addressed. It seems inevitable, therefore, that there are children in this category who have been wrongly assumed to be at low risk of harm but who, in fact, face a high risk of harm which is currently unrecognised and unmanaged. Response Concerns 2 & 3 are addressed below. A summary of the referral process is provided, followed by responses to specific concerns raised above. Summary of how the Access and Advice Team process referrals The Trust’s Access and Advice Team (AAT) provides a point of access to Mindworks Surrey and ensures that there is consistency of referral management, clinical screening and triage services. Referrals (now called ‘requests for support’) can be made by any professional working with a child or young person. Page 2 of 9 All referrals into the AAT are screened within one hour of receipt (during AAT operational hours) to ensure the urgency of referrals is identified and fit within the AAT’s criteria. It is at the point of screening that the referrals are categorised as emergency, urgent or routine. The Trust recognises and is keen to impress that “routine” or “low risk” referrals do not mean “no risk” – all referrals will have associated risk, and the decision to screen a referral as “routine” is not taken lightly. Routine referrals are then triaged; it is at triage that the referral is processed and allocated to a suitable provider. It is the Trust’s aspiration that routine referrals are triaged within ten days of screening, however due to the volume of referrals received by the service, this target is currently not being met. As part of the triage process, a ‘discovery conversation’ is held with the child / young person and their family. Discovery conversations are a semi structured approach to identifying concerns, risks and goals from the child / young person’s point of view and where their needs might be best met. If a routine referral has been waiting for over four weeks to be triaged, then it is now subject to a harm review. The child/young person and/or their family will be contacted as part of this, and there will be a conversation about what the current situation is and whether there are any increased risks. Following this review, the referral with either be categorised as being suitable and safe to remain in the routine referral waiting list, with safety netting advice being provided. Alternatively, if the risks have escalated, the referral will be triaged immediately and then referred on to an appropriate service. If the referral remains on the routine waiting list to be triaged, then it will be reviewed every four weeks, until the referral is triaged. Routine referrals are currently typically triaged within five to eight weeks. At times of high demand, additional weekend hours are being offered to clinicians who can assist with processing routine referrals. The screening and triage of referrals is undertaken by a team of experienced clinicians who look at a number of factors including the expectations of the referrer and the information in the referral. They then cross check this back with the family and/or referrer when they are planning how the referral will be processed. The workforce is structured to provide a supportive, multi-disciplinary team approach with shared accountability and responsibility for clinical case management. Clinical advice is sought from senior clinical and medical colleagues, clinical specialists and community team clinicians to further support the clinical integrity of triage decision making where required. Where a child or young person doesn’t want to engage with treatment this presents a challenge, particularly where the care and treatment cannot be provided without the engagement of the child or young person. Overriding a child or young person’s refusal needs to be carefully weighed against the benefits of treatment and developing a therapeutic relationship or preventing the child or young person from becoming mistrustful of professionals. Where appropriate, the Trust can employ its Assertive Outreach Team to support difficult to engage young people. The Trust can also reach out to schools, parents and other system wide partners. Joint Page 3 of 9 working arrangements mean that where a child or young person receives care from a partner agency, support can also be provided by CAMHS if this is indicated. The CYPS Standard Operating Procedures are being reviewed to ensure that staff are guided to consider safeguarding and liaising with the Surrey County Council c-SPA where children refuse to engage with care and treatment, record their competence and capacity (where applicable) to consent, and consider if the threshold for providing treatment in their best interests or under the auspices of the Mental Health Act is met; and that this is recorded in their records. Consideration of risks identified in other areas of the system is essential as risks escalating in other parts of the system can elevate the overall risk and might support more paternalistic decision making. The AAT are now able to access the Surrey Care Record, this provides an opportunity for wider sharing of risk information. Some referrals may be inappropriately closed Referrals will only be closed to the AAT without providing an onward referral in exceptional circumstances. This would typically be where the parent or carer does not engage in the triage process. Before a referral is closed a letter is sent to the parent / carer and the child / young person’s GP, this provides the number to call should they wish to continue with the triage process, or if their circumstances change. Therefore, no referral is closed without the Trust having engagement with the GP and providing the parent / carer with information on how to get support if their circumstances change. Where there is no engagement from the parent or carer, a safeguarding referral must be considered. If a child / young person doesn’t engage in the triage process the AAT will liaise with their parent / carer and partner agencies (for example their school) to gain further information and establish the best way to support their needs. If there are no risks identified after making these enquiries, and speaking to the referrer, that indicate that assertive outreach support or a Mental Health Act assessment is required, it is likely the referral would be closed at that stage. It is important that referrals are not held open indefinitely while attempts to contact parents are made, as this can create an inaccurate perception that the person is receiving support from secondary mental health services. There is also clinical oversight of the decision making provided by staff in the AAT, which is provided by the Service Manager and Lead Clinician. Staff are supported to raise queries or concerns during the working day and also though supervision. Some referrals may be inappropriately referred to non-clinical partner agencies The significant changes that have been made to the AAT triage process (for example discovery conversations) will significantly reduce the risk of an inappropriate referrals being made. Page 4 of 9 If a referral is made to a partner agency and the circumstances of the child / young person have changed, or the partner agency does not feel able to meet the child / young person’s needs, the referral can then be sent back to the AAT to be re-screened. Where there is an escalating need identified by a partner agency there is also a professionals’ line, which allows the partner to call the CAMHS community team duty worker directly for advice. Where appropriate, the child/young person can then be opened to the community team directly. There is a lack of specific monitoring of what proportion of referred children reach a clinical team ‘Clinical team’ is understood to refer to a CAMHS service provided by the Trust. The Trust monitors the total number of referrals that are received by the AAT and the number of referrals that are subsequently referred onto clinical teams, these are: - Neurodevelopmental Pathway - Community CAMHS and Primary Mental Health Teams - Crisis Intervention Services including Hope and Extended Hope - Learning Disability Service - Eating Disorder Service - Care Experienced Services In addition, in the monthly Executive Finance, Contracts, Quality and Performance Accountability Committee, all referral activity to both clinical and non-clinical teams is reviewed. There is a lack of specific monitoring of the extent to which the outcomes match the expectations of the referrers When referrals are made, the referrer and family will have expectations of what treatment should be provided. Through triage, we refine our understanding and match our support in line with the child / young person’s emerging need(s). Treatment goals are then established and the effectiveness of interventions are measured against outcome measures. An example case study of this is provided below: Page 5 of 9 Case Study April to September 2021 – Wellbeing Coordinator support The young person was referred to the Community Wellbeing Team in April 2021 from the Access and Advice Team to receive support with anxiety, feeling overwhelmed with emotions, struggling to cope with change, feeling different and insecure. After an initial discovery conversation with Mum via Zoom and then a further conversation with Mum and the young person face to face, it was identified that longer-term emotional wellbeing support was needed. The young person and their parents were presented with the different support options available to them, and they chose a referral to the Y’s Girls mentoring programme and one to one sessions with a Wellbeing Coordinator whilst waiting for the mentoring to start. One to one sessions started in June 2021 and these sessions covered a number of different areas such as friendships, asking for help and making mistakes, emotional regulation, negative thinking and managing uncomfortable thoughts and feelings. ‘Bear Feelings Cards’ were used to explore emotions; a story about worries and a ‘traffic light toolkit’ for managing emotions, affirmations and activities to boost self-esteem. During the penultimate session, the young person said that she has “become better at coping with things” and feels “more confident.” She said that she felt “nervous and overwhelmed before” but now she feels “better at handling things.” She will shortly transition to support from a Y’s Girls mentor for approximately 12 months. Throughout the treatment process staff endeavour to provide the referrer and GP with updates on the child and young person’s progress. When treatment is completed the referrer and the GP are provided with a summary of the treatment provided and the outcome. Page 6 of 9 The Trust also receives feedback from the child / young person and their parent / carer through its Patient Advice and Liaison Service in the form of compliments and complaints, Your Views Matter (this is a feedback questionnaire that can be provided for completion at any point in a person’s treatment journey, feedback is reviewed bi-annually at the Quality and Operations Board), and Family Voices Surrey (who obtain feedback from families with children who have a neurodevelopmental need and are stakeholders in commissioning and contract review for the MindWorks Alliance). I have been told that the routine referrals are automatically categorised as “low risk”. … It seems inevitable, therefore, that there are children in this category who have been wrongly assumed to be at low risk of harm but who, in fact, face a high risk of harm which is currently unrecognised and unmanaged. The AAT Triage Scale definitions are currently based on the Mental Health Triage Scale. The term low risk is adopted from this and is commonly used nationally in Children and Young People’s services. The MindWorks Standard Operating Procedure manual provides guidance to staff on how to grade referrals. It is only where the child / young person has been assessed as being at low risk of serious self harm or suicide, and there are clear protective factors in place, that referrals are screened as being ‘Routine / Low Risk’. Harm reviews are undertaken every four weeks for referrals that have not yet been triaged and families are given advice on how to inform the AAT if they have any concerns or their circumstances have changed. In addition to this, should further information be received at any time, this will cause the priority of the referral to be reviewed. NHS England is currently reviewing risk assessment and is intending to develop a best practice guide for clinical risk assessment by the end of 2022. Concern 4 I was told that the Standard Operating Procedure manual for the triage of referrals to children’s mental health services is to be updated to reflect the Trust’s new working practices but that this has not yet been done. I am concerned that important changes to the system of work (for example, the vital requirement that a referred child’s records are reviewed before any triaging decision is made and the child/family are spoken to) are not yet established in written guidance. Response The Trust’s Standard Operating Procedure manual has been updated to reflect the new working practices; this was signed off on the 15th March 2022. Concern 5 The evidence at the inquest showed that the clinicians who were responsible for ensuring that Oskar Nash’s medical conditions, including his risk of self-harm and suicide, and his consequential needs, were properly and sufficiently recorded in his Education, Health and Care Plan, failed to do so; this was in part because they did not fully understand their role and obligations in this regard. Page 7 of 9 On the basis of the evidence at the prevention of future deaths hearing, I am concerned that there continues to be a lack of understanding amongst the clinicians currently providing medical advice as part of the EHCP process as to their role in that process. I am further concerned that there is in place no programme for the training or monitoring of these clinicians in relation to these responsibilities. Response Summary Any healthcare professional can be asked to provide medical advice for EHCPs. Advice sought from the Trust can be provided by clinicians from Developmental Paediatrics and / or CAMHS. Training All Developmental Paediatrics new starters have induction on EHCP advice. CPD sessions are then provided on a monthly basis and these will include training on EHCPs where there are changes or learning to be shared. All CAMHS staff are provided with regular training / refreshers on the completion of EHCPs. The opportunities include weekly team business meetings, MDT discussions, case discussions and supervision, management supervision provided to doctors, monthly CAMHS doctors meetings. In addition to this the Designated Clinical Officers (DCOs) provide ad-hoc training opportunities for staff. Monitoring Local Authority DCOs are employed by Clinical Commissioning Groups (CCGs) and have a specific role focused on special educational needs (SEN). They help CCGs oversee the care and treatment that is given to SEN children and give guidance on completion of EHCP documents and support EHCP tribunals. These DCOs meet with the Trust’s medical advisors (who provide quality assurance) regularly (every 2-3 months) to disseminate new guidance and help resolve any local challenges or queries in relation to ECHP requests. There is a good relationship between the DCOs and medical advisors, any more urgent matters can be raised outside of this forum. In addition, medical advisors sit within Developmental Paediatrics and offer support where there are urgent queries arising about what to include in an EHCP. I trust that the above information addresses the concerns that you have raised, and assures you that the Trust has taken further additional steps to prevent a similar death occurring in the future. However if you have any queries or questions, please do not hesitate to contact me. Yours sincerely, Page 8 of 9 Chief Executive Page 9 of 9
Re : OSKAR MILES NASH, DECEASED
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:
1. The Chief Executive Officer of Surrey and Borders Partnership NHS
Foundation Trust [in relation to Concerns 1 to 5 below]
2. Chief Executive Officer of Surrey County Council [in relation to
Concerns 6 to 10 below]
3. Chief Executive Officer of Surrey Heartlands Clinical Commissioning
Group [in relation to Concern 10 below]
4. The Chair of the National Child Safeguarding Review Panel [in
relation to Concern 10 below]
5. Secretary of State for Education [in relation to Concerns 7, 10, 11 and
12 below]
6. Secretary of State for Health and Social Care [in relation to Concerns
10 and 12 below]
1 CORONER
I am Richard Travers, HM Senior Coroner for Surrey.
2 CORONER’S LEGAL POWERS
I make this report under paragraph 7 of Schedule 5 to the Coroners and Justice
Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations
2013.
3
INVESTIGATION and INQUEST
I commenced an investigation into the death of Oskar Miles Nash. The inquest
concluded on the 10th September 2021 when I found that the medical cause of
death was -
Ia Multiple Traumatic Injuries
and my conclusion as to the death was that -
Oskar Nash died as a result of Suicide contributed to by neglect on the part of
Surrey and Borders Partnership NHS Foundation Trust’s Child and Adolescent
Mental Health Service.
Oskar Nash’s death was more than minimally contributed to by the failures of :
(i)
Surrey and Borders Partnership NHS Foundation Trust’s Child and
Adolescent Mental Health Service :
To undertake a clinical assessment of Oskar’s mental and emotional
health at any stage, despite a series of requests for them to do so, and a
consequential failure to diagnose, treat, monitor and otherwise support
Oskar as necessary, in order to minimise his risk of suicide.
(ii)
Surrey County Council’s Special Educational Needs Department :
(a) To ensure that Oskar’s Educational, Health and Care Plan
contained sufficient and updated information about his mental
and emotional health needs and his risk of suicidal ideation,
and the provision required to meet those needs, and
(b) To place Oskar in an appropriate school, rather than in March
2019 his inappropriate placement in a mainstream school which
did not have the facilities or expertise sufficiently to meet his
complex needs.
(iii)
Surrey County Council’s Children’s Services Department and Targeted
Youth Support Team :
(a) To complete the required assessments following Oskar’s
referral in November 2019, and to provide any effective
intervention or support, and
(b) To reallocate the management of his case to a Registered Social
Worker following escalation of Oskar’s risk level in the course of
November 2019.
(iv)
St. Dominic’s School and Cobham Free School :
To ensure that there was a sufficient sharing of information about
Oskar’s history, special needs and current situation, prior to his
transfer from a special needs school to a mainstream school in
March 2019.
I subsequently held a hearing to receive evidence relating to the prevention of
future deaths and this was concluded on the 7th December 2021, with time allowed
subsequently for written submissions.
4 CIRCUMSTANCES OF THE DEATH
Oskar Nash was 14 years old when he died. He had been diagnosed with autism at
the age of 4 years and he suffered associated high anxiety throughout his life. It is
likely that he also had one or more undiagnosed emotional or mental health
condition(s). Oskar had a very significant history of periodic suicidal ideation and
a history of self-harm, the risk of both of which receded when his needs were
sufficiently supported.
Oskar was well known to the Child and Adolescent Mental Health Service and to
Children’s Services, having been the subject of a number of referrals to both. His
education was managed by the Special Educational Needs Department of his local
authority as he had been issued with an Educational, Health and Care Plan. All
state agencies concerned with Oskar had knowledge of his history of suicidal
ideation.
In March 2019 Oskar transferred from a special needs school to a mainstream
school. Initially he appeared to cope, but from early November 2019 onwards, he
regularly refused to attend school and a period of escalating risk followed.
Referrals were made to CAMHS and Children’s Services but Oskar did not
receive any effective support.
On the 9th January 2020, Oskar Nash gained access to an area of
and, a short time later, at about 17.06 hours, he deliberately moved
. His body was found
the following morning.
Full details of the events and failings which lead to Oskar Nash’s death are
set out in my “Factual Findings and Conclusions” document, a copy of which
is sent with this report.
5 CORONER’S CONCERNS
The evidence heard at the inquest revealed many matters giving rise to concern.
The evidence received at the prevention of future deaths hearing showed that
many of those concerns have been addressed.
However, in my opinion the following concerns remain and give rise to a
continuing 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 :
A. Surrey and Borders Partnership NHS Foundation Trust
Concern 1
The evidence at the inquest revealed that the staff responsible for the triage of
referrals to child mental health services had insufficient understanding of Autism,
its links to co-morbid mental health conditions, self-harm and suicidal ideation,
and how to communicate with an autistic child. I have been told that the triaging
process is now undertaken by an “Access and Advice Team” but I am concerned
that there continues to be no requirement for the staff in that Team to undertake
relevant Autism training on a mandatory basis.
Concern 2
The evidence at the inquest revealed that, despite a series of referrals to child
mental health services over many years, Oskar Nash never received the clinical
assessment he needed. I have been told that the system now in place ought to
result in a child such as Oskar being seen and assessed by a clinical team. I am
satisfied that the introduction of the Access and Advice Team, in the context of
the new Mindworks service, is intended to ensure that a referred child’s needs are
properly identified and met.
However, on the basis of the evidence I heard at the prevention of future deaths
hearing, including from a special needs school which has experience of referring
its pupils, I am concerned that there is an ongoing risk that some referrals may be
inappropriately closed (for example because the child, at an early stage, declines
to engage) or inappropriately referred to non-clinical partner agencies. In this
context, I am concerned that there is a lack of specific monitoring of what
proportion of referred children reach a clinical team and the extent to which the
outcomes match the expectations of the referrers (so that any ongoing “barriers” in
the system, which may be preventing proper access to the clinical teams, can then
be identified and eliminated).
Concern 3
The evidence showed that a referral to the child mental health services is triaged
initially as being crisis, urgent, priority or routine. The criteria for crisis, urgent
and priority referrals are specific and narrow and, consequently, the great majority
of referrals are categorised as routine. I have been told that the routine referrals
are automatically categorised as “low risk”. I am concerned about this as it is clear
from the evidence that a child may not meet the criteria crisis, urgent or priority
but, like Oskar Nash, may nevertheless be at a high or medium risk of harm. The
Trust is currently receiving a high volume of referrals and so there is a
considerable waiting time for its “routine” cases to be addressed. It seems
inevitable, therefore, that there are children in this category who have been
wrongly assumed to be at low risk of harm but who, in fact, face a high risk of
harm which is currently unrecognised and unmanaged.
Concern 4
I was told that the Standard Operating Procedure manual for the triage of referrals
to children’s mental health services is to be updated to reflect the Trust’s new
working practices but that this has not yet been done. I am concerned that
important changes to the system of work (for example, the vital requirement that a
referred child’s records are reviewed before any triaging decision is made and the
child/family are spoken to) are not yet established in written guidance.
Concern 5
The evidence at the inquest showed that the clinicians who were responsible for
ensuring that Oskar Nash’s medical conditions, including his risk of self-harm and
suicide, and his consequential needs, were properly and sufficiently recorded in
his Education, Health and Care Plan, failed to do so; this was in part because they
did not fully understand their role and obligations in this regard.
On the basis of the evidence at the prevention of future deaths hearing, I am
concerned that there continues to be a lack of understanding amongst the
clinicians currently providing medical advice as part of the EHCP process as to
their role in that process. I am further concerned that there is in place no
programme for the training or monitoring of these clinicians in relation to these
responsibilities.
B. Surrey County Council (and National)
(i) Education and Special Educational Needs Department
Concern 6
The evidence at the inquest revealed that the staff in the Education / SEN
Department, including SEN caseworkers, had insufficient understanding of
Autism, its links to co-morbid mental health conditions, self-harm and suicidal
ideation, and how to communicate with an autistic child. I am concerned that there
continues to be no requirement for the staff to undertake relevant Autism training
on a mandatory basis.
Concern 7
The evidence at the inquest showed that, in the months before his death, Oskar
Nash was moved from a special needs school and placed into a mainstream school
which did not have the facilities or expertise sufficiently to meet his complex
needs. I found that the inappropriate placement, by SCC, of Oskar into the
mainstream school contributed to his death.
Prior to the placement, the mainstream school had been provided with Oskar’s
Educational, Health and Care Plan, but this failed adequately to identify and
record his mental and emotional health concerns, his risk of suicidal ideation, his
consequential needs, and the provision required to meet those needs, and it had
not been updated to reflect a series of subsequent reviews of the Plan and
significant subsequent events. The mainstream school was not provided with any
of the extensive and informative records from the special needs school from which
he was being moved.
I was told by the mainstream school that, had they seen the records held by his
special needs school, they would have recognised their inability to meet his needs
and informed the SEN Department accordingly.
At the prevention of future deaths hearing, I was told that it continues to be the
case that a prospective school will usually be provided by the SEN Department
with the child’s EHCP only. Further, it was apparent that there is a lack of clarity
as to the extent to which a current school may or should provide records or
information to a prospective school.
I am concerned that there is an ongoing risk that placements of children with
EHCPs are being made on the basis of inadequate information and record sharing.
On the evidence before me, it was clear that, even if an EHCP were
comprehensive and fully updated (which may not be the case), it is unlikely to
contain all matters of relevance to the question of a prospective school’s ability to
meet the child’s needs.
I was given no good reason why fuller information and record sharing, sufficient
to ensure that the prospective school can properly assess its ability to meet the
child’s needs, should not take place before any child with an EHCP is placed in a
new school. I am concerned that there is no system in place, locally or nationally,
to ensure this is achieved by the relevant SEN department for every child with an
EHCP. I am also concerned that there is an ongoing lack of clarity as to schools’
powers and duties to share information and documents, and any data protection
ramifications this may have.
(ii) Children’s Services Department
Concern 8
The evidence at the inquest revealed that the staff in SCC’s Children’s Services
Department, including Social Workers and other Team members, had insufficient
understanding of Autism, its links to co-morbid mental health conditions, self-
harm and suicidal ideation, and how to communicate with an autistic child. I am
concerned that there continues to be no requirement for the staff to undertake
relevant Autism training on a mandatory basis.
Concern 9
At the inquest I found that following Oskar Nash’s final referral to SCC’s
Children’s Services Department, which was made approximately two months
before his death, there was a failure to appreciate the seriousness of his situation
and the risks arising, and a consequential failure to allocate his case appropriately.
I found that this contributed to his death. The inappropriate allocation resulted, in
part, from the application of SCC’s then “threshold of needs” document, which
was used to inform the level at which support should be provided.
At the prevention of future deaths hearing, I heard evidence about SCC’s revised
“threshold of needs” document, as well as the recent guidance (including a
“toolbox”) in relation to suicidality, which has been introduced since Oskar’s
death.
Despite these changes, I remain concerned that the “threshold of needs” document
does not adequately and clearly reflect the known risks of mental health
difficulties, self-harm, and suicidal ideation for autistic children (given their
prevalence in this group of children) and that, consequentially, there is an ongoing
risk that an autistic child in these circumstances will be allocated an insufficient
level of support, as was the case for Oskar.
C. Surrey County Council and Surrey Heartlands Clinical
Commissioning Group (and National)
Concern 10
At the prevention of future deaths hearing, I heard evidence concerning the post-
death reviews conducted into Oskar Nash’s death by the Surrey Child Death
Review Partnership Team and the Surrey Safeguarding Children Partnership. The
evidence showed that neither process resulted in a sufficient or effective
investigation of the death; I consider that the evidence shows that fact finding was
superficial, there was no meaningful analysis of the part played by statutory
agencies in the causation of his death, and only very limited learning was
identified.
Ineffective review by the child death review processes results in the risk of further
deaths in similar circumstances and I am concerned that the local and/or national
process, guidance and oversight are insufficient to ensure that an effective post-
death investigation, which should not be dependent on the inquest process, is
achieved in all cases.
D. National Issues
Concern 11
From the evidence I heard at the inquest and the prevention of future deaths
hearing, it was apparent that the national “Working Together” guidance focuses
on children who are in need of safeguarding by reason of risks within the home or
from other parental failures to keep the child safe. It was apparent that the
consequential approach tends to look critically at the child’s family and parent(s)
and their parenting skills, and that this is likely to be inappropriate if the child is in
need through disability. I consider that this had a detrimental impact on the
approach of agencies to Oskar and his family.
I am concerned that “Working Together” does not provide clearer guidance
specifically for the safeguarding of children with disabilities, including Autism,
and the approach to be taken by agencies to parents and families.
Concern 12
The evidence at the inquest revealed a widespread lack of knowledge and
understanding of Autism, its links to co-morbid mental health conditions, self-
harm and suicidal ideation, and how to communicate with an autistic child. There
was a lack of training across all the state agencies from which I heard. At the
prevention of future deaths hearing, I heard evidence of more training being
available, but also of an ongoing absence of comprehensive, relevant and
mandatory training.
I was told that the National Autism Strategy does not currently include a
timetabled commitment for relevant mandatory Autism training to be provided to
all state agencies working directly with autistic adults and children.
I am concerned that this poses an ongoing risk to autistic children and their ability
to access the services they require for their support, welfare, and safeguarding.
ACTION SHOULD BE TAKEN
6
In my opinion action should be taken to prevent future deaths by addressing the
concerns set out above and I believe 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 the 28th March 2022. I, as 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, to the following Interested
Persons and to the other organisations listed below which may find it useful or of
interest:
The Chief Constable of Surrey Police
The Independent Office for Police Conduct
College of Policing (FAO the Autism Lead)
Cobham Free School
St. Dominic’s School
Relate West Surrey
Relate
British Transport Police
I am also under a duty to send a copy of your response to the Chief Coroner.
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 by the Chief Coroner.
9
31st January 2022 Richard Travers
4 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.
25 March 2022 Child Safeguarding Practice Review Panel Dear Mr Travers, Oskar Miles Nash, Deceased - Regulation 28 report to prevent future deaths I am writing further to your Regulation 28 report in relation to Oskar Miles Nash. We note with concern your conclusion that Oskar died as a result of Suicide contributed to by neglect on the part of Surrey and Borders Partnership NHS Foundation Trust’s Child and Adolescent Mental Health Service, and that his death was more than minimally contributed to by the various failures of: Surrey and Borders Partnership NHS Foundation Trust’s Child and Adolescent Mental Health Service; Surrey County Council’s Special Educational Needs Department; Surrey County Council’s Children’s Services Department and Targeted Youth Support Team; and St Dominic’s School and Cobham Free School, as outlined in your report. We note your finding in Concern 10 that neither of the post-death reviews conducted into Oscar Nash's death by the Surrey Child Death Review Partnership Team and the Surrey Safeguarding Children Partnership resulted in a sufficient or effective investigation of the death; that fact finding was superficial, there was no meaningful analysis of the part played by statutory agencies in the causation of his death, and only very limited learning was identified. We agree with your conclusion that ‘ineffective review by the child death review processes results in the risk of further deaths in similar circumstances’, and note your concern that ‘the local and/or national process, guidance and oversight are insufficient to ensure that an effective post-death investigation, which should not be dependent on the inquest process, is achieved in all cases’. In our response to your report, we will outline the steps we have taken and continue to take, in conjunction with the Department for Education, local Safeguarding Partners and with other national and local stakeholders to improve the quality and effectiveness of the child safeguarding practice review process. We restrict our response to those areas which come within our purview as the National Child Safeguarding Practice Review Panel. We note the finding expressed within Concern 10 in relation to the child death review process, and note that responsibility for those processes rests with the Department for Health and Social Care, the National Child Mortality Database team, and with the local Child Death Review Partners. While this is outside our remit, we recognise there are nevertheless considerable areas of overlap and we seek to work in collaboration with those responsible on areas of mutual interest so as to improve learning and reduce the risks of future death or harm to children. The purpose and remit of the National Child Safeguarding Practice Review Panel The National Child Safeguarding Practice Review Panel (hereafter the Panel) was established in 2018 as part of wider reforms to interagency working to safeguard children, as specified in the Children Act 2004 and amended by the Children and Social Work Act 2017. The purpose and remit of the Panel and the wider processes of local and national reviews are outlined in Chapter 4 of Working Together 2018. The purpose of reviews of serious child safeguarding cases is ‘to identify improvements to be made to safeguard and promote the welfare of children’. Working Together 2018 stipulates that ‘Reviews should seek to prevent or reduce the risk of recurrence of similar incidents’. It goes on to state that they ‘are not conducted to hold individuals, organisations or agencies to account, as there are other processes for that purpose’. As such, these reviews are not intended to be investigations into the cause or circumstances of the death or serious harm, nor to determine whether any individual, organisation or agency was culpable. Nevertheless, at all stages of the safeguarding practice review process, both the local Safeguarding Partners, and we as a national Panel, seek to identify and learn lessons with a view to improving practice and better safeguarding and promoting the welfare of children. Working Together 2018 specifies that the responsibility for how the system learns the lessons from serious child safeguarding incidents lies at a national level with the Panel and at a local level with the Safeguarding Partners. As a Panel, we are responsible for identifying and overseeing the review of serious child safeguarding cases which raise issues that are complex or of national importance, and to maintain oversight of the system of national and local reviews and how effectively it is operating. The remit of the Panel and of the safeguarding practice review system is limited to reviewing serious child safeguarding cases which are defined as those in which: • abuse or neglect of a child is known or suspected and • the child has died or been seriously harmed. The death of a child in which abuse or neglect is not known or suspected would therefore not come within the Panel’s remit, and responsibility for any review of such deaths sits with the child death review partners. Such cases may at times come to the notice of the Panel when, for example, it is not clear whether abuse or neglect may have contributed, or where there is nevertheless potential for learning in relation to safeguarding children. Where a local authority in England is aware of a serious child safeguarding case that meets the above criteria, they must notify the Panel and the local safeguarding partners within five working days. On receiving notification of a serious child safeguarding case, the safeguarding partners should promptly undertake a rapid review of the case. The aim of this rapid review is to: • gather the facts about the case, as far as they can be readily established at the time; • discuss whether there is any immediate action needed to ensure children’s safety and share any learning appropriately; • consider the potential for identifying improvements to safeguard and promote the welfare of children; and • decide what steps to take next, including whether or not to undertake a child safeguarding practice review. The Panel’s expectation is that these rapid reviews will be completed and submitted to the Panel within 15 working days. It is important to note that the timeframes for these rapid reviews are tight, so as to ensure that any learning coming out of the review process is not delayed and that the system of learning proceeds promptly and efficiently. This means, however, that any fact finding will, necessarily, be limited and the rapid review is geared towards identifying immediate learning. Should the rapid review identify the potential for further learning, then the expectation is that this will be explored through a Local Child Safeguarding Practice Review (LCSPR). The LCSPR is a more in-depth review, commissioned by the safeguarding partners, where they determine that there is potential for further learning to identify improvements to practice. These reviews should take a thorough and systematic approach to learning from the case, and should seek to involve the family as well as relevant practitioners and managers. They should be completed within six months, published and submitted to the Panel. The reviews should be carried out by an independent reviewer, using principles of systems methodology and in a way that enables the review to look at and analyse frontline practice as well as organisational structures and learning. The reviews should be proportionate to the circumstances of the case, focus on potential learning, and establish and explain the reasons why the events occurred as they did. Local Safeguarding Partners have a duty to ensure that the review is of satisfactory quality. The Safeguarding Partners also have a responsibility to disseminate learning from the review and to take appropriate action in response to the findings. As part of its remit to maintain oversight of the system and how effectively it is operating, the Panel receives and appraises all rapid reviews and LCSPRs. We provide feedback to the local Safeguarding Partners on the quality of both rapid reviews and LCSPRs, and identify, collate and disseminate learning arising from these reviews. Actions taken to date to improve learning Since its inception, the Panel has been sent over 1500 rapid reviews and we have seen the publication of more than 100 LCSPRs. In 2021 there were a total of 398 rapid reviews, of which 156 related to fatal cases and 242 to non- fatal serious harm. In 125 cases (31%), the local Safeguarding Partners decided to commission an LCSPR. As a Panel we have had significant concerns about both the quality and timeliness of both the rapid reviews and the LCSPRs. While we have seen some excellent examples of high-quality review and learning submitted within the specified timeframes, we have also seen rapid reviews and LCSPRs that are tardy, unfocused and insufficiently analytic. We recognise that some of this has been due to Safeguarding Partners and reviewers getting used to the new system of reviews. In addition, the Covid-19 pandemic and consequent lockdowns had a particular impact on the ability of Safeguarding Partners to complete both rapid reviews and LCSPRs in a timely manner. Nevertheless, we remain concerned that, too often, the reviews are not of sufficient rigour and quality to identify meaningful learning and to drive relevant improvements to children’s safeguarding. In 2018 the Panel produced detailed practice guidance which outlined the process of reviews and our expectations for what makes for good quality reviews. We are in the process of updating this guidance in light of our learning since 2018. In response to each rapid review and LCSPR which we receive as a Panel, we write to the Safeguarding Partners, providing feedback on the content and quality of the review, any learning arising from it, and actions we are taking as a Panel in response to any national issues identified. While initially much of this feedback was focused on the process and criteria for reviews, we have increasingly been more detailed and focused on issues of quality and learning. In cases which are particularly complex, or where we as a Panel have particular concerns about the quality of the review, we will often engage directly with the Safeguarding Partners through telephone calls or online or face-to-face meetings, offering advice, guidance and support. Where we deem a review to be of insufficient quality, we may ask the Safeguarding Partners to amend the report, or take further action to achieve more meaningful learning, or ask for evidence of implementation and impact of action in response to any recommendations. Over the past two years we have sought to improve our communication with Safeguarding Partners in order to improve the quality of and learning from the review process. We have instituted a system of regional working with individual Panel members assigned as leads to each of the nine government regions. This has been backed up by a series of regional webinars, in which we have explored learning coming from both local and national reviews as well as issues of quality and process. In addition to our oversight of the system of local reviews, as a Panel we are responsible for commissioning national reviews into cases which raise issues of national importance. To date we have completed and published three national reviews, each of which has been a thematic review, drawing on a number of cases relating to a particular theme: sudden unexpected death in infancy (SUDI); child criminal exploitation; and non-accidental injury in infants aged under one. Each of these thematic national reviews has sought to identify relevant learning to inform practice and system improvement within the relevant area. While the Panel has no immediate plans to announce a national review into suicide it remains a theme in which we have a very keen interest and we will continue to analyse the cases which we see to consider if a practice briefing or more detailed piece of thematic work in this space would aid system learning. Ongoing and planned actions to improve learning As a Panel we have noted improvements in both the timeliness and quality of rapid reviews over the past year. We continue to feedback to local Safeguarding Partners on the content and quality of their rapid reviews. We are now also receiving significant numbers of completed LCSPRs. To date, very few of these have been completed within the required timeframe of six months, and many have been delayed by a year or more. We consider this unacceptable and are working with Safeguarding Partners to ensure that they take a more streamlined and focused approach to learning through the LCSPRs, but we are aware that there is still a long way to go. In recognition of the ongoing issues around timeliness and quality, and taking note of your expressed concerns regarding the Oskar Nash rapid review, we are currently updating our practice guidance, with a much greater focus on issues of quality and learning in the reviews. We are planning also to publish some anonymised examples of good quality rapid reviews as exemplars of good practice. We continue to monitor the learning from all rapid reviews and LCSPRs and are in the process of developing an observatory function to provide up-to-date data and information on all serious safeguarding cases, along with a case tracking system to enable us to monitor and report on the progress of reviews. We have, to date, and will continue to commission national analyses of the learning from rapid reviews and LCSPRs, and both of these pieces of work include some analysis of the quality of those reviews. We publish the findings of these analyses as part of our annual report. We continue to commission national thematic reviews and currently are undertaking a review of domestic abuse which we intend to publish shortly. In addition, we are carrying out two case-specific national reviews – one into the deaths of Arthur Labinjo-Hughes and Star Hobson, and one into safeguarding children with disabilities and complex health needs in residential settings - both of which will report later this year. Conclusion We note that the rapid review on Oskar Nash was undertaken in January 2020. A lot has happened since then, and it is our impression that there have been significant improvements in the quality of both rapid reviews and LCSPRs over that time. We recognise, however, that there is still a lot to be done to ensure that the system of safeguarding practice reviews is more fit for purpose. We welcome this Regulation 28 report as a stimulus both for us as a Panel and for all local Safeguarding Partners to improve the quality of reviews and the overall learning coming from them. I hope that this letter provides you with relevant and helpful information about the national system of reviews of the circumstances around the deaths of children as a result of abuse or neglect. Yours sincerely, , Chair – Child Safeguarding Practice Review Panel
Rt Hon Nadhim Zahawi MP Secretary of State Sanctuary Buildings Great Smith Street Westminster London SW1P 3BT www.education.gov.uk/contactus/dfe Mr Richard Travers H.M. Senior Coroner for the County of Surrey Surrey Coroner’s Service HM Coroner's Court Station Approach Woking Surrey GU22 7AP Dear Mr Travers, 28 March 2022 I am writing in response to your Regulation 28 report concerning the death of Oskar Nash. This is a truly tragic case. I am grateful for the expertise and rigor you brought to the inquest and I wish to express here my sincere condolences to Oskar’s family and friends. I have noted the matters of concern you have listed for the Department for Education. In response I have set out information relating to two substantive reviews, of special educational needs and disability and of the children’s social care system, that will lead to significant reform of the support available for the most vulnerable of children and young people. Further, I can confirm that the Child Safeguarding Practice Review Panel has received your notice and will be responding to you (in relation to Concern 10) in due course. The national panel is responsible for identifying and overseeing the review of serious child safeguarding cases which, in its view, raise issues that are complex or of national importance and maintains oversight of the system of national and local reviews and how effectively it is operating. Review of support for children with special educational needs We note the points in your report (under Concern 7) about the system for preparing statutory Education, Health and Care (EHC) plans and for deciding which school a local authority should name in a plan. We agree the importance of identifying the wider lessons to be learnt from the events leading up to Oskar’s death. We recognise that it is crucial that any EHC plan in place for a child is aligned with, and supported by, wider plans put in place by health, children’s social care or other agencies, including those which can respond in a crisis situation. There were clearly failings in Oskar’s case. We recognise that the current special education and disability system, established through the Children and Families Act 2014, does not consistently deliver the services needed by children and young people and their families. That is why we have undertaken a comprehensive review of how the system has evolved since 2014 and how it can be made to work best for all families, ensuring quality of provision is the same across the country. In doing so we have placed a clear focus on the importance of joined-up support, working in collaboration with the Department of Health and Social Care (and the Secretary of State for Health and Social Care, will be writing to you with regard to mandatory training in learning disability and autism (Concern 12)). The SEND review will be published in the form of a Green Paper that will be made available imminently. It is critical that our proposals are tested publicly to get invaluable feedback and expertise from a wide range of perspectives, including sector professionals, children, young people and parents, before final decisions are made, and so the publication will launch a full public consultation of at least 12 weeks. The consultation will be hosted on citizen space, as with all government consultations, and will give ample opportunity for everyone to have their say. Independent Review of Children’s Social Care We are clear that nothing is more important than children’s welfare, and those who need help and protection deserve high quality and effective support as soon as a need is identified. We recognise the need to make significant change to the current system to improve the lives and outcomes of those supported by children’s social care. That is why we have launched a bold, broad and independently led review that is looking at the needs, experiences and outcomes of the children and families it supports and what is required to make a real difference to their lives. In doing so, the review will contribute to ambitious and deliverable reforms, taking into account the sustainability of local services and effective use of resources and considering how the social care system responds to the needs of all children who are referred. It will address major challenges, including inconsistencies in nationwide practices and outcomes. The Review published its Case for Change in June 2021, setting out the key issues and inviting feedback from parties with an interest in the Review. The Case For Change: Your Feedback was published in October 2021 and Review’s full report is due to be published this Spring. The Department will consider any necessary changes to statutory guidance, including revisions to Working Together to Safeguard Children (Concern 11), as part of that wider programme of reform, once it has received the full and final report and recommendations of the Review. Substantive revisions to guidance will be subject to full consultation. Thank you once again for highlighting your concerns surrounding Oskar’s death. Yours sincerely, Rt Hon Nadhim Zahawi MP Secretary of State for Education
Richard Travers HM Senior Coroner for Surrey Sent via email Leadership Office Woodhatch Place 11 Cockshot Hill Reigate, Surrey RH2 8EF 25 March 2022 Dear Mr Travers Inquest touching the death of the late Oskar Nash I write in response to your Regulation 28 Report dated 31 January 2022 and thank you for the same. Each of the concerns directed to Surrey County Council has been fully considered. I set out below the response to each concern in turn. Concern 6 The evidence at the inquest revealed that the staff in the Education / SEN Department, including SEN caseworkers, had insufficient understanding of Autism, its links to co-morbid mental health conditions, self-harm, and suicidal ideation, and how to communicate with an autistic child. I am concerned that there continues to be no requirement for the staff to undertake relevant Autism training on a mandatory basis. Response: On 30 November 2021 the Executive Director for Children Families, Lifelong Learning and Culture wrote to all staff in the Directorate setting out the Autism Awareness Training offer available for all staff in the Directorate. The training is now mandatory for all staff working directly with children and young people and must be completed by 31 March 2022. The uptake of the training is being monitored for each individual. The awareness training must also be completed by all new starters as they join as a part of their mandatory training. The training captures: • • • information on autism diagnoses, how the condition impacts the individual and the challenges for people who work with or care for people with autism. key issues such as the autistic spectrum, the causes of autism, autism and social communication issues, autism and body language, facial expressions and tone of voice, mind blindness, sensory issues, coping methods and the positives of autism. the different effects of the condition for those on the autistic spectrum and how to support someone with dealing with those effects. • the potential link to mental health issues, anxiety, and self-harming. The training does not currently capture fully the link between autism and self harm or suicidal ideation, and the associated risks. The SCC Children’s Academy is currently in the process of reviewing the training required in order to equip all frontline workers to recognise this risk and is in the process of identifying the most appropriate further training package for relevant staff to broaden understanding around this. SCC is committed to rolling out this further training package at the very earliest opportunity. As part of the SCC All Age Autism strategy, significant additional funding has been secured to raise awareness and understanding of staff around autism generally. Concern 7 The evidence at the inquest showed that, in the months before his death, Oskar Nash was moved from a special needs school and placed into a mainstream school which did not have the facilities or expertise sufficiently to meet his complex needs. I found that the inappropriate placement, by SCC, of Oskar into the mainstream school contributed to his death. Prior to the placement, the mainstream school had been provided with Oskar’s Educational, Health and Care Plan, but this failed adequately to identify and record his mental and emotional health concerns, his risk of suicidal ideation, his consequential needs, and the provision required to meet those needs, and it had not been updated to reflect a series of subsequent reviews of the Plan and significant subsequent events. The mainstream school was not provided with any of the extensive and informative records from the special needs school from which he was being moved. I was told by the mainstream school that, had they seen the records held by his special needs school, they would have recognised their inability to meet his needs and informed the SEN Department accordingly. At the prevention of future deaths hearing, I was told that it continues to be the case that a prospective school will usually be provided by the SEN Department with the child’s EHCP only. Further, it was apparent that there is a lack of clarity as to the extent to which a current school may or should provide records or information to a prospective school. I am concerned that there is an ongoing risk that placements of children with EHCPs are being made on the basis of inadequate information and record sharing. On the evidence before me, it was clear that, even if an EHCP were comprehensive and fully updated (which may not be the case), it is unlikely to contain all matters of relevance to the question of a prospective school’s ability to meet the child’s needs. I was given no good reason why fuller information and record sharing, sufficient to ensure that the prospective school can properly assess its ability to meet the child’s needs, should not take place before any child with an EHCP is placed in a new school. I am concerned that there is no system in place, locally or nationally, to ensure this is achieved by the relevant SEN department for every child with an EHCP. I am also concerned that there is an ongoing lack of clarity as to schools’ powers and duties to share information and documents, and any data protection ramifications this may have. Response: When a change of school placement is being considered, the Council’s SEND department is required to share a comprehensive and accurate up to date EHCP (including, where relevant, supporting information that is considered important) for the prospective school to consider. This could include supporting assessments and information resulting from the most recent annual review. These documents combined should provide a clear picture of the current needs of the child or young person and the arrangements needed to support their learning, meet their needs, and secure the planned outcomes. SEND Code of Practice para 9.82 states that advice from schools, colleges and other education or training providers will contribute to the development of an EHCP to ensure that it meets the child or young person’s needs, the outcomes they want to achieve and the aspirations they are aiming for. SCC complies with this national requirement. The intention is for the EHCP to contain all necessary information. Steps have been taken to better train SEND officers with a view to ensuring EHCPs are drawn properly with advice from the wide range of professionals named. Significant improvements in the quality of EHCPs have resulted. These EHCPs can then be relied upon to share all necessary information. There is no national requirement for the local authority to share child protection files or to require schools to do so. Keeping Children Safe in Education (DfE) 2021 paragraphs 105-113 sets out guidance to education providers on the subject of information sharing. At 110. KCSiE states: 110. The Data Protection Act 2018 and UK GDPR do not prevent the sharing of information for the purposes of keeping children safe. Fears about sharing information must not be allowed to stand in the way of the need to safeguard and promote the welfare and protect the safety of children. To this end, any school wishing to seek further information from the current/prior school can request such information and the school receiving that request can make a decision about whether it is suitable to share such information in line with the guidance. This is a matter of professional judgment on a case by case basis. Given the sensitive nature of safeguarding files and child protection information, SCC does not consider that a blanket system of sharing such information for all children with an EHCP is necessary or appropriate in relation to the placement of a child in school. However, where a school considers that they require further information they can make this request by exception. Safeguarding concerns and/or child protection concerns should not form the basis of a decision of an educational provider as to its suitability to meet a child's need. It is a national expectation that all educational providers will be able to support children with concerns around self-harm and/or suicidal ideation including where this is co-morbid with other conditions, including autism. Any child or young person could experience or develop suicidal ideation or self-harm at any time. This is, very sadly, a common occurrence and systems of support should be in place in every educational provider to support children in school with, where appropriate, the help of partners eg. mental health services. This national expectation and approach is set out in the Department for Education publication Promoting Children and Young People’s Mental Health and Well Being published 21 September 2021 (first published in 2015) and the referenced Public Health England Guidance published September 2021. SCC is in the process of reviewing its guidance to educational providers and has committed to incorporating in that guidance clearer information around the parameters within which information can be shared between educational providers and to highlight that schools can, where considered appropriate, request additional information from a current/previous school. SCC is committed to concluding the review by May 2022. The SEND Code of Practice paragraph 9.89 states that mainstream education cannot be refused by a local authority on the grounds that it is not suitable. A local authority can rely on the exception of incompatibility with the efficient education of others in relation to maintained nursery schools, mainstream schools or mainstream post-16 institutions taken as a whole only if it can show that there are no reasonable steps it could take to prevent that incompatibility. In paragraph 9.90 the Code of Practice further sets out that, where the local authority considers a particular mainstream place to be incompatible with the efficient education of others, it must demonstrate, in relation to maintained nursery schools, mainstream schools or mainstream post-16 institutions in its area taken as a whole, that there are no reasonable steps that it, or the school or college, could take to prevent that incompatibility. Efficient education means providing for each child or young person a suitable, appropriate education in terms of their age, ability, aptitude and any special educational needs they may have. Where a local authority is considering whether mainstream education is appropriate (as opposed to considering the appropriateness of an individual institution) the term ‘others’ means the children or young people with whom the child or young person with an EHCP would be likely to come into contact on a regular day-to-day basis. Where a parent or young person has expressed a preference for mainstream education and it would not be incompatible with the efficient education of others, the local authority has a duty to secure that provision. Concern 8 The evidence at the inquest revealed that the staff in SCC’s Children’s Services Department, including Social Workers and other Team members, had insufficient understanding of Autism, its links to co-morbid mental health conditions, self-harm and suicidal ideation, and how to communicate with an autistic child. I am concerned that there continues to be no requirement for the staff to undertake relevant Autism training on a mandatory basis. Response: The Coroner is respectfully referred to the response to Concern 6 above. The communication from the Executive Director for Children, Families, Lifelong Learning and Culture of 30 November 2021 was sent to all staff within the Directorate. This includes both staff within the Education department and those within the Children's Services Department. Equally, the further training to be offered addressing more specifically the link between autism and self-harm or suicidal ideation and the associated risks, will be rolled out to all relevant staff within both the Education department and the Children's Services Department. SCC is fully committed to ensuring that all relevant staff receive appropriate training around autism and the associated risks. Concern 9 At the inquest I found that following Oskar Nash’s final referral to SCC’s Children’s Services Department, which was made approximately two months before his death, there was a failure to appreciate the seriousness of his situation and the risks arising, and a consequential failure to allocate his case appropriately. I found that this contributed to his death. The inappropriate allocation resulted, in part, from the application of SCC’s then “threshold of needs” document, which was used to inform the level at which support should be provided. At the prevention of future deaths hearing, I heard evidence about SCC’s revised “threshold of needs” document, as well as the recent guidance (including a “toolbox”) in relation to suicidality, which has been introduced since Oskar’s death. Despite these changes, I remain concerned that the “threshold of needs” document does not adequately and clearly reflect the known risks of mental health difficulties, self-harm, and suicidal ideation for autistic children (given their prevalence in this group of children) and that, consequentially, there is an ongoing risk that an autistic child in these circumstances will be allocated an insufficient level of support, as was the case for Oskar. Response: In light of the concern raised, there has been a further review of the current ‘Effective Family Resilience’ document undertaken and careful consideration of the need to make changes to that document. At the current time, we do not believe there is a need to update the document in the level of need descriptions with additional definitions or criteria. However, we have reflected that adding some wording within the section on page 8 (as outlined below) draws attention to the need to consider aggravating factors of mental health, suicidal ideation and autism which should weigh more on the assessment and need / risk grading rather than simply the initial referral trigger. ‘The windscreen cannot replace professional curiosity, judgement or decision making and should not be used as a checklist or an assessment of need. The indicators of need are suggestions of the types of need a child and family may have. Sometimes their needs may include indicators from each of the levels, however combined, they may cause additional strain on the family (for example the impact of additional factors related to emotional wellbeing, mental health and or self-harm upon a child who has a diagnosis of autism) and following discussion with the family may indicate a higher level of support needed. Equally, there may be family strengths that are mitigating factors for the indicators’ We intend to update the 'Effective Family Resilience' document to expand this paragraph and include the wording above in red. This change cannot be unilaterally made but will be subject to the agreement of the Surrey Safeguarding Children Partnership and will need the approval of the Surrey Safeguarding Children's Board. We anticipate that agreement will be forthcoming and the document will then be amended accordingly. Concern 10 At the prevention of future deaths hearing, I heard evidence concerning the post-death reviews conducted into Oskar Nash’s death by the Surrey Child Death Review Partnership Team and the Surrey Safeguarding Children Partnership. The evidence showed that neither process resulted in a sufficient or effective investigation of the death; I consider that the evidence shows that fact finding was superficial, there was no meaningful analysis of the part played by statutory agencies in the causation of his death, and only very limited learning was identified. Ineffective review by the child death review processes results in the risk of further deaths in similar circumstances and I am concerned that the local and/or national process, guidance and oversight are insufficient to ensure that an effective post-death investigation, which should not be dependent on the inquest process, is achieved in all cases. Response: The Coroner's concern is respectfully noted. In terms of post-death reviews, SCC follows the national guidance set out in Working Together 2018. This gives flexibility for the local safeguarding partnership to decide how learning may be best generated and disseminated. Even if the criteria are met, it is not an automatic requirement to hold a Local Children’s Safeguarding Practice Review “It is for them to determine whether a review is appropriate, taking into account that the overall purpose of a review is to identify improvements to practice” (HM Government 2028:87). It is ultimately most important that local safeguarding partners respond to any death in a proportionate and appropriate way. In respect of the post-death review into Oskar's death, SCC followed national guidance and took appropriate steps by way of a Thematic Review which was accepted by the National Panel. SCC is aware that the Chair of the National Panel is also considering the Coroner's concern and will be providing a response to the same. SCC remains committed to following national guidance and will readily adopt changes in practice, if any, recommended by the National Panel. Yours sincerely Chief Executive Surrey County Council
Mr Richard Travers Senior Coroner HM Coroner’s Court Station Approach, Woking Surrey GU22 7AP 58 Church Street Weybridge Surrey KT13 8DP 28 March 2022 Re: Regulation 28 Report- Prevention of Future deaths- Oskar Nash Dear Mr Travers, Thank you for your Regulation 28 Report to prevent future deaths dated 31 January 2022 concerning the death of Oskar Nash on 10 January 2020. On behalf of Surrey Heartlands Clinical Commissioning Group (CCG), I want to express our deepest condolences to Oskar’s family. Following the prevention of future death hearing you raised a concern in your Regulation 28 report to prevent future deaths to the Chief Executive Officer of Surrey Heartlands CCG regarding the post death review process: Concern 10: At the prevention of future deaths hearing, I heard evidence concerning the post-death reviews conducted into Oskar Nash’s death by the Surrey Child Death Review Partnership Team and the Surrey Safeguarding Children Partnership. The evidence showed that neither process resulted in a sufficient or effective investigation of the death; I consider that the evidence shows that the fact finding was superficial, there was no meaningful analysis of the part played by statutory agencies in the causation of his death, and only very limited learning was identified. Ineffective review by the child death review process results in the risk of further deaths in similar circumstances and I am concerned that the local and/or national process, guidance and oversight are insufficient to ensure that an effective post-death investigation, which should not be dependent on the inquest process, is achieved in all cases. I would like to assure HM Coroner and the family that we have taken the issues raised in the report very seriously, they have been carefully and thoroughly considered at every level of the organisation and we have begun taking steps to address the issues raised. On 17 March 2022, the Surrey CDR team met with Professor , Professor of Infant Health & Developmental Physiology, University of Bristol and an academic at the National Childhood Mortality Database (NCMD) to discuss the CDR process in Surrey. NCMD are currently undertaking a review of Joint Agency responses nationally (which include Surrey cases) to improve, strengthen and review the process. Any recommendations from this review will be fully implemented in Surrey. Additionally, we are asking the National Team to undertake a review of the Surrey CDR process. This will provide an independent view of our CDR process, identifying any areas of improvement and/or assurance. We would be pleased to share this, and any resultant action plan for improvement with you. The Child Death Review (CDR) following Oskar’s death is still open and is being completed in line with Statutory Process as outlined within the National Statutory Guidelines: Child death review: statutory and operational guidance (England). The review at the Child Death Overview Panel (CDOP) has not yet taken place, as CDOP do not consider any case until all investigations are completed, including the Coroner’s Inquest and any further investigations, like a PFD hearing, as these are an integral part of the CDR process. This is to ensure that every opportunity to capture learning is taken up before the CDOP review. The CDR is the process to be followed when responding to, investigating, and reviewing the death of any child under the age of 18, from any cause. It runs from the moment of a child’s death to the completion of the review by the CDOP. This is intended to be the final, independent scrutiny of a child’s death by professionals who have had no responsibility for the child during their life. It is at this point in the process that all learning from Oskar’s death is collated and includes information from parallel Investigation/Inquest, Joint Agency Response, Criminal Investigation, Serious Incident (SI) Investigation) into the final standardised report to NCMD to allow our local learning to influence national learning and future direction. investigations, such as Coronial The CDR Team accept that the reporting forms (Form B’s) received were minimally completed. The CDR Team do not have direct access to any agency records and rely on professional accountability and integrity when completing the Reporting Form B. However, we will take forward this learning to ensure when forms are received providing minimal information, we go back and request greater detail from agencies to ensure we have a complete account of their involvement in that child’s life. In addition, a learning event has been arranged to support and provide guidance to professionals when completing a Form B. Surrey CDR team have arranged a meeting with national colleagues in the NCMD to discuss the learning identified in relation to the completion of reporting form B’s and improvements needed to the Child Death Review processes. Page 2 of 4 Working Together to Safeguard Children (2018 p.103) states – “All practitioners participating in the child death review process should notify, report, and scrutinise child deaths using the standardised templates”. The templates are nationally agreed and available from the website www.gov.uk/government/publications/child-death-reviews- forms-for-reporting-child-deaths. The NCMD have replicated these templates for use within the electronic reporting system used in most areas across England, including Surrey (eCDOP). The majority of the boxes are direct questions with multiple choice answers, some provide free text. The format of the forms is nationally agreed, therefore, Surrey CDR team are not able to amend these forms at a local level. However, we will raise the issues identified with the NCMD to identify future improvements in processes. In addition to the CDR process, to identify learning from a number of deaths from probable suicide and to help prevent future deaths, the CDR and the SSCP team undertook a thematic review in 2020. In response to concerns raised by parents, who reported that they had struggled to find information of where to access help and support, a Suicide Prevention Toolbox was developed. This is designed to be a living document which will be reviewed and updated as required. The Thematic Review was well received both locally and nationally and was used to challenge and influence the development of the design and offer of the new services in Mindworks Surrey. The action taken to date to prevent future similar deaths is as follows: Dissemination of learning from the thematic review: • In October 2020, over 200 participants attended one of four online sessions on ‘Probable Suicide by Children and Young People in Surrey Thematic Review Learning Event’ which was accredited for CPD by the Faculty of Public Health. • The Learning from the Thematic Review and Suicide Prevention Toolbox was presented at dedicated webinars (Awareness of Autistic Spectrum Disorder (ASD); Management of self-harm; Prevention of alcohol and substance misuse; Parent support; Work across the County to mitigate Adverse Childhood Experiences (ACEs); Timely support for children and young people in crisis, Support for completing effective referrals; Implementing a Surrey Healthy Schools Approach) • The Thematic Review and the Suicide Prevention Toolbox were published and shared at a national level with the National Safeguarding Panel and presented regionally at NHS England (NHSEI) and National Child Mortality Database meetings. • Learning from thematic review and development of Suicide Prevention Toolbox has also been presented locally at: monthly lunch & learn sessions which are attended by practitioners from all agencies across Surrey GP safeguarding sessions Incorporated in Surrey Children Services’ academy training Page 3 of 4 An Action Plan was developed in response to learning from the Thematic review • A multi-agency Task & Finish Group was established to develop an action plan based on the learning and opportunities not to be missed that were identified in the thematic review. • It was identified that as part of the Surrey Suicide Prevention Partnership, while there is an established adult subgroup (with a delivery workplan to monitor progress of actions to meet the priorities outlined in the Surrey Suicide Prevention Strategy) there was not a specific children and young person subgroup. • Following the completion of the Task and Finish group, a children and young person subgroup of the Surrey Suicide Prevention Partnership was established in September 2021 to develop a delivery work plan and continue the monitoring and progression of the action plan developed by the Task and Finish Group. Oskar’s death, including all information gathered throughout the CDR process, will be presented at the next suicide themed CDOP meeting; any additional learning and action required from Oskar’s death will be shared across services/multi-professionals in Surrey and nationally via NCMD. We have transitioned to holding themed panels on a repeating cycle which allows for better identification of themes. This will also allow an opportunity to review whether prior learning has been embedded in practice and identify any ongoing areas of concern. While there is still ongoing work to be done, I hope this response provides assurance that the CDR Team at Surrey Heartlands CCG are committed to working with national colleagues to address concerns related to CDR processes highlighted in the Regulation 28 Report to prevent future deaths and we thank you for the opportunity to further reflect on learning following the sad death of Oskar. Yours sincerely, Professor Interim Accountable Officer Page 4 of 4
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