Prevention of Future Deaths reports · 2022

Jane Shilton

Regulation 28 report to prevent future deaths, reference 2022-0053, written 22 Feb 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report22 Feb 2022
Reference2022-0053
DeceasedJane Shilton
CoronerFiona Butler
Coroner areaLeicester City and South Leicestershire
CategoryCare Home Health related deaths · Mental Health related deaths · Alcohol, drug and medication related deaths
Organisation namedLeicestershire Partnership NHS Trust
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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

Regulation 28: REPORT TO PREVENT FUTURE DEATHS 

NOTE:  This form is to be used after an inquest. 

REGULATION 28 REPORT TO PREVENT DEATHS 

THIS REPORT IS BEING SENT TO: 

Hamilton Community Homes Limited 

1  CORONER 

I am Miss F BUTLER, Her Majesty's Assistant Coroner for the coroner area of Leicester City 
and South Leicestershire 

2  CORONER’S LEGAL POWERS 

I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 
and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. 

3 

INVESTIGATION and INQUEST 

On 10 March 2021 I commenced an investigation into the death of Jane Louise SHILTON 
aged 56.  The investigation concluded at the end of the inquest on 16 February 2022.  The 
conclusion of the inquest was that Jane’s death was an alcohol related death. 

4  CIRCUMSTANCES OF THE DEATH 

Jane had a long history with mental health and specifically psychiatric services since her 
teenage years. She was diagnosed with paranoid schizophrenia in 1989, when she was just 
25 years of age.  The nature of Jane’s illness was one of a severe and enduring type and 
due to the chronicity and severity of Jane’s illness, as the years progressed, she needed 
more support. 

Jane was managed by the Care Programme Approach model and was subject to a 
Community Treatment Order with the main condition being to ensure she was compliant 
with her depot injection of Zucolplenthixol.  However, Jane required a lot of support and her 
accommodation needs increased from supported accommodation to full time residential 
care in June 2019 (following a lengthy period of in-patient acute admission).  Jane was 
discharged to Hamilton House, a residential care home providing 24-hr care to those with 
mental health needs. 

Despite an initial positive impact between November 2019 and April 2020, there was a 
gradual decline in Jane’s mental health, some of this related to CV19 lockdown.  Input from 
her Community Psychiatric Nurse in the Assertive Outreach Team was increased.  Jane was 
at this stage under an appointeeship with Leicester City Council.  This meant that Hamilton 
House managed Jane’s finances in an aim to safeguard and support Jane both with her 
consumption of alcohol and cigarettes but also Jane’s vulnerability. 

A review of Jane’s care package was carried out and it was decided by Leicester City 
Council that they would fund 5 additional hours of 1:1 support per day for Jane during the 
lockdown period so that the staff at Hamilton House could offer support and proactively 
spend time with Jane.  This additional funding remained in place at the time of her death. 

Regulation 28 – After Inquest
Document Template Updated 30/07/2021 

 Jane was not an alcoholic.  She was a social drinker, but lacked insight into her underlying 
difficulties and part of the rationale for the move to a 24 hour residential care setting was 
to negate the risk to Jane who was identified as being at “high risk of exploitation”, and had 
“limited  awareness  of  risks  to  her  health  and  wellbeing  and  was  unable  to  recognise  her 
own vulnerability and/or when she may be subject to exploitation from others”. These risks 
were  exacerbated  to  an  even  greater  extent  when  Jane  drank  alcohol,  as  it  increased  her 
disinhibition. 

Hamilton House had a policy of no drinking on the premises. 

Jane  had  been  drinking  alcohol  on  the  night  of  the  08.03.2021  (circa  24  hours  before  her 
death).  I  heard  evidence  that  her  intoxicated  state  (slurred  speech  and  stumbling)  was 
unusual.  Jane retired to bed on the night of the 08.03.21 and nothing further was done by 
Hamilton House in respect of this incident. It was noted that Jane had also started to drink 
spirits  (Vodka)  which  again  was  unusual.  I  heard  evidence  from  support  workers  at  the 
home  who  were  unaware  of  any  particular  vulnerabilities  or  risks  for  Jane  when  drinking 
alcohol with her medication, despite there being a care support plan in place for Jane which 
clearly outlined this. 

Jane was not checked upon during that night and it was not policy or custom for night staff 
to proactively check on residents during the night.  Whilst Hamilton House is described as 
offering 24 hours residential care, there are no waking staff on shift during the night and 
staff go to sleep between the hours of 11pm and 8am but are on call if required by 
residents. 

Jane  made  breakfast  the  following  morning  (09  March)  and  was  seen  by  support  workers 
within the home by 8am, for cigarettes, juice during breakfast and then took herself to the 
shops shortly after 9am. 

I  heard  in  evidence  from  the  care  home  manager  that  she  had  seen  Jane  further 
throughout  the  day,  of  the  09  March  and  she  had  been  fine  in  the  day.  Whilst  the  care 
home  manager  had  been  aware  that  Jane  had  been  intoxicated  the  night  before  she  had 
not  sought  to  address  this  with  Jane  that  day  contrary  to  Jane’s  support  plan.  Jane  was 
last seen by staff at the home at around 3pm on 09 March. 

Staff came on for the evening shift at 5pm.  There was nothing of concern handed over 
about Jane. 

Jane  did  not  present  for  her  medication  at  just  after  5pm.  I  was  concerned  to  learn  that 
the care home staff who gave evidence before me didn’t have an appreciation as to Jane’s 
medication  and  whether  the  missed  medication  would  cause  risk  to  Jane.  Consequently, 
when Jane didn’t attend there was no check on her welfare. 

Jane  didn’t  make  dinner  that  evening.  I  was  told  in  evidence  that  Jane’s  attendance  at 
dinner could be variable and she often attended late for dinner (around 6pm) and that staff 
would save her a meal.  However, no one checked on Jane’s welfare when she did not show 
for dinner. 

Jane didn’t attend for a cigarette during the evening.  I was told in evidence that Jane was 
a regular smoker and it was normal for Jane to be seen by staff frequently going outside for 
a cigarette.  Jane was not seen doing this during the course of the evening of 09 March.  No 
one went to check on her. 

At  10.10pm  a  support  worker  became  concerned  and  went  to  check  on  Jane  but  also 
another  resident,  who  also  hadn’t  been  seen.  She  found  them  both  in  Jane’s  bedroom. 
Jane was under a duvet and unable to be seen. The other resident acknowledged the light 
being  turned  on  by  the  support  worker  and  in  response  to  her  request  to  leave  (it  being 
against  home  policy  for  residents  to  sleep  in  the  same  room)  asked  for  the  light  to  be 

Regulation 28 – After Inquest
Document Template Updated 30/07/2021 

 turned off.  The support worker didn’t turn the light off but left the room with the intention 
of  going  back  later  to  check  the  other  resident  had  left.  There  was  no  physical  check  of 
Jane  at  10.10pm.  She  could  not  be  seen  under  the  duvet  and  was  unresponsive  to  the 
presence of the support worker. 

At 11pm both support workers present on the evening shift within the home went to bed. 
As one was getting into bed the resident knocked on her door and said he thought Jane was 
dead. 

What followed is concerning in the context of trained care professionals who are entrusted 
with  the  responsibility  of  looking  after  vulnerable  individuals  when  faced  with  a  medical 
emergency. 

  On attending Jane’s room Jane was described as being on the bed.  Her body was in 

a strange position with her head and back against the side of the bed and her legs 
in a contorted position. 

  Neither  support  worker  checked  for  a  pulse  or  whether  Jane  was  breathing  but 

made an assessment given Jane’s demeanour that she was dead. 

  Both  members  of  staff  left  the  room  together  to  contact  emergency  services  – 

leaving Jane unattended. 

  No one placed Jane the recovery position or attempted to commence CPR 

  On  contacting  999  services  a  landline  phone  was  used  and  when  emergency 
services requested the caller to be at the side of Jane to carry out vital basic checks 
(breathing  for  example)  the  support  worker  had  to  use  own  mobile  phone  to 
facilitate her being able to talk to emergency services whilst with Jane 

 

The description given as to the attempts to move Jane in order to deliver CPR again 
is  concerning  –  with  Jane  falling  off  the  bed  and  then  becoming  inaccessible 
between the bed and the wall.  CPR was not delivered. 

Whilst  none  of  this  made  a  difference  to  Jane  who  had  sadly  passed  away,  it  could 
make all the difference to another resident’s survival. 

The Ambulance attended and Jane was sadly pronounced dead at the scene. 

5  CORONER’S CONCERNS 

During the course of the investigation my inquiries revealed matters giving rise to concern. 
In my opinion there is a risk that future deaths could occur unless action is taken.  In the 
circumstances it is my statutory duty to report to you. 

The MATTERS OF CONCERN are as follows: 
(brief summary of matters of concern) 

I  was  told  during  the  inquest  that  Hamilton  House  First  Aid  Training  was  uptodate  at  the 
point Jane died and I have since been provided with the First Aid Training Certificates which 
evidence  that  First  Aid  Training  was  provided  to  staff  once  every  3  years,  and  this  was  in 
2018 and staff had received update training in 2021, within the 3 year time frame. 

I remain concerned and that concern is heightened when having heard the evidence of the 
support  workers  on  shift  that  evening  to  learn  that  updated  first  aid  training  was  only 
undertaken 5 days prior to this incident. 

I  understand  that  the  first  aid  training  in  2021  was  delivered  online  given  the  Cv19 
I  further  understand  that  whilst  yearly  first  aid  refresher  training  can  be 
restrictions. 
undertaken Hamilton House have not required staff to undergo such training. 

As I have found in this inquest sadly for Jane the failure to attempt to deliver any first aid 

Regulation 28 – After Inquest
Document Template Updated 30/07/2021 

 would  not  have  made  any  difference  in  her  case  as  she  had  been  sadly  passed  away  for 
some time.  However, the way in which the incident was handled which is evident from the 
999  call  which  gave  rise  to  a  safeguarding  alert  does  deeply  trouble  me  especially  in  the 
context  of  learning  that  refresher  training  had  been  received  by  the  individuals  engaged 
with the incident  only  5 days  prior.  This  causes  me to question  quality  of that training  in 
the context of an online setting given the pandemic. 

I am further concerned that first aid training is only undertaken at the minimum 
requirement of every 3 years, given that Hamilton House is charged with the responsibility 
of looking after some of society’s most vulnerable individuals who I am told have co-
existing difficulties of both mental health but also substance misuse. 

6  ACTION SHOULD BE TAKEN 

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

7  YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this report, 
namely by 18 April 2022.  I, the coroner, may extend the period. 

Your response must contain details of action taken or proposed to be taken, setting out the 
timetable for action.  Otherwise you must explain why no action is proposed. 

8  COPIES and PUBLICATION 

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

The Family 
Leicester City Council 
Leicestershire Partnership NHS Trust 
Care Quality Commission 

who may find it useful or of interest. 

I am also under a duty to send a copy of your response to the Chief Coroner and all 
interested persons who in my opinion should receive it. 

I may also send a copy of your response to any 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  Dated: 22/02/2022 

Miss F BUTLER 
Her Majesty's Assistant Coroner for 
Leicester City and South Leicestershire 

Regulation 28 – After Inquest
Document Template Updated 30/07/2021

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 Hamilton Community Homes Ltd (PDF)
Her Majesty’s Coroner 
The Town Hall 
Town Hall Square 
Leicester 
LE1 9BG 

12 April 2022 

Dear Madam, 

Response of Hamilton Community Homes 
RE: Jane Louise SHILTON 
Response to Regulation 28 Notice and Letter of Concern 

I  write  to  you  today  on  behalf  of  our  client  Hamilton  Community  Homes 
Limited  in  response  to  the  Regulation  28  Notice  dated  22nd  February  2022.  I 
have included a response to the Matters of Concern in section 5 of the notice 
and  the  points  raised  in  a  letter  from  Miss  Fiona  Butler  dated  15th  February 
2022. 

Our client responds as follows: 

Since receiving a copy of the Regulation 28 Notice from Her Majesty’s Coroner, 
we  have  implemented  several  measures  to  improve  the  service  quality  we 
deliver at Hamilton Community Homes Limited. Namely that we; 

  From  the  6th  April  2022,  coinciding  with  our  new  financial  year,  we  will 

have one member of staff awake and one asleep on all night shifts. 

  We  have  updated  our  alcohol  and  rooms  search  policies  so  that  they 

reflect and reference our policies on the confiscation of alcohol. 

  We  have implemented  a  signature  sheet  for staff  to  confirm they have 
read and understood the care plan of each service user which requires a 
signature on a monthly basis. 

  In addition to the existing medication folder we have, each service user 
now  has  a  detailed 
listing  their  prescription 
information  sheet 
medication  and  staff  are  required  to  sign  that  they  have  read  and 
understood  the  medication  requirements  of  service  users  on  a  monthly 
basis. 

  We have updated our training policy to include additional mental health 
training  which  staff  will  be  required  to  complete  more  frequently.  We 
St James House, 
Floor 9, 
note  that  H.M.  Coroner  requested  that  we  seek  input  from  the  local 
Vicar Lane, 
authority  and  community  mental  health  services  and  advise  that  we 
Sheffield, S1 2EX 
03333 317 609 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 contacted  the  local  authority  who  are  unable  to  offer  input  at  our 
request.  

  In  response  to  concerns  that  support  staff  at  the  home  do  not  have 
sufficient information regarding the service users specific needs, we feel 
that  the  implementation  of  these  new  measures  allow  all  staff  to  be 
aware of said requirements. 

  First  Aid  training  is  now  mandated  annually  instead  of  the  previous  3 
year requirement and in light of Covid-19 restrictions coming to an end 
this  training  will  be  carried  out  face-to-face.  We  are  communicating 
with our training provider to accommodate this training as we can not 
complete  the  training in  one  session.  We  hope  to  complete  this  by  the 
end of April 2022. 

  In  order  to  improve  communication  amongst  staff  at  the  home,  each 
member of staff is now issued with a two-way radio at the start of their 
shift. They are required to sign for the radio and this should enable staff 
to communicate any issues from across the home with ease. 

I  trust  the  response  above  covers  the  points  raised  by  H.M.  Coroner  and  the 
Regulation 28 notice served on Hamilton Community Homes Limited. 

If I can be of any further assistance, please do not hesitate to contact me on 
the details below. 

Yours Sincerely, 

Cartwright King 
Regulatory Crime & Professional Discipline

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