Prevention of Future Deaths reports · 2022

Mark Sumnall

Regulation 28 report to prevent future deaths, reference 2022-0160, written 30 May 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report30 May 2022
Reference2022-0160
DeceasedMark Sumnall
CoronerPeter Nieto
Coroner areaDerby and Derbyshire
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published2

The report

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

Regulation 28: REPORT TO PREVENT FUTURE DEATHS 

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

REGULATION 28 REPORT TO PREVENT DEATHS 

THIS REPORT IS BEING SENT TO: 

1. Executive Director Adult Social Care & Health, Derbyshire County Council,

County Hall, Smedley Street, Matlock, Derbyshire, DE4 3AG

2. Chief Executive, NHS Derby & Derbyshire Clinical Commissioning Group,
Cardinal Square, 1st  Floor, North Point, 10 Nottingham Road, Derby, DE1
3QT

1  CORONER 

I am Peter NIETO, Area Coroner for the coroner area of Derby and Derbyshire 

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 30 December 2020 I commenced an investigation into the death of Mark Edwin 
SUMNALL aged 64.  The investigation concluded at the end of the inquest on 14 April 2022. 
The conclusion of the inquest was that: 

Mark Sumnall, known as Mark, died in hospital, on the morning of 21 December 2020, due 
to choking and aspirating on a sandwich given to him by hospital staff. Mark had been 
taken to the hospital by ambulance the previous afternoon as he appeared physically unwell 
and was acting out of character. Mark was diagnosed with chronic schizophrenia, and 
chorea movement disorder. He had a recognised choking risk due to rushing his food and 
his food had to be appropriately cut up and Mark was supervised whilst eating. 

When Mark was taken to hospital by ambulance on 20 December 2020 the care home sent 
Mark's medication and care plan, which contained details of the choking risk, with him in a 
'red bag'. The 'red bag' is a specific bag, of a holdall size, issued under a countywide 
scheme to highlight and transfer key documents relating to health and care when people 
are taken from community settings to hospital. On the evidence the hospital staff were not 
aware of Mark's choking risk, despite his care plan being with him in the 'red bag' at the 
hospital. On the evidence Mark would not have died if hospital staff had been aware of that 
risk because he would have been given appropriate food under supervision. 

The hospital staff were not aware because: -

1. The presence of the 'red bag' was not highlighted to hospital staff by the member of the
ambulance service who handed mark over.

2. Choking risk was not recorded on the emergency department handover record when
Mark was handed over by the ambulance staff.

3. The contents of the 'red bag' was not investigated by hospital staff prior to Mark's death.

4. A telephone conversation between an emergency department doctor and a member of

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

 the care home staff did not explore Mark's needs and risks. 

5. The ambulance service patient attendance document was not reviewed by hospital staff. 

6. The hospital electronic data systems at the time did not permit the hospital staff to 
access Mark's previous hospital records which contained information of his choking risk. 

4  CIRCUMSTANCES OF THE DEATH 

The circumstances are detailed above in section 3 of this report. The medical cause of 
death, confirmed at inquest, was: -

1(a) Food inhalation 

2 Schizophrenia, coronary atherosclerosis 

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: 
The Derbyshire wide Red Bag scheme is an initiative designed to ensure that when care 
home residents are admitted to hospital, key health and social care information travels with 
them by way of documentation such as care plans (as well as medication and essential 
personal items). I understand that the County Council and the CCG are the primary 
agencies responsible for the scheme. On the evidence considered at Mr Sumnall’s inquest: -

1.  The scheme does not appear to be widely used in Derbyshire, although the scheme 
was in response to NICE guidance for improving patient care and safety when 
transferring between health and care settings (NG27: Transition between inpatient 
hospital setting and community or care homes). The inquest heard that Mr 
Sumnall’s care home only had one bag for use on the premises, and that 
ambulance and hospital staff did not routinely deal with admissions where care 
home patients were sent with Red Bags. 

2.  The Red Bag travelled with Mr Sumnall and was found with his clothes when he 

died. Despite being with him there is no evidence that anyone looked in the bag to 
check for relevant information. This being the case it appears to me that there is 
lack of awareness of how the bag should be used, but also, as no enquires were 
separately made for care plan and other relevant documentation, that the thrust of 
the NICE guidance for improving patient care and safety is not being addressed 
systematically between agencies. 

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 July 21, 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. 

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

 8  COPIES and PUBLICATION 

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

- Mr Sumnall’s family 
-
-

Royal Derby Hospital 
Aspen House Care Home 

I have also sent it to 

-

East Midlands Ambulance Service 

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: 30/05/2022 

Peter NIETO 
Area Coroner for 
Derby and Derbyshire 

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

Responses

2 responses published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Derbyshire County Council (PDF)
RESTRICTED 

PRIVATE & CONFIDENTIAL 

Mr Peter Nieto 
Area Coroner for Derby & Derbyshire,  
Derby Coroner’s Court, 
St Katherine’s House St Mary’s Wharf, 
Mansfield Road, 
Derby, DE1 3TQ 

Dear Sir 

Assistant Director 
Safeguarding, Performance and Quality 
Derbyshire County Council 
County Hall 
MATLOCK 
Derbyshire 
DE4 3AG 

Email:  
Date: 
Our Ref: GP 

 21st July 2022 

Thank  you  for  your  letter  dated  30th  May  2022,  which  included  the  Regulation  28 
report regarding the death of Mark Edwin Sumnall. 

Derbyshire  County  Council’s  Adult  Social  Care  department  has  now  had  the 
opportunity  to  review  the  concerns  you  have  identified  following  your  investigation 
into  the  death  of  Mark  Edwin  Sumnall  and  to  work  with  partners  across  the  health 
and social care system to develop an appropriate action plan in response to this. 

The  Derbyshire  Care  Home  Red  Bag  scheme  was  launched  in  2018 with  the 
intention that the integrated pathway would enable care homes, ambulance services 
and hospitals to meet the requirements of NICE guideline NG27: Transition between 
inpatient hospital setting and community or care homes. 

The  red  bag  is  clearly  identifiable  and  is  a  convenient,  and  transportable  way  of 
ensuring  that  all  the  necessary  documents  and  personal  items  of  the  care  home 
resident follow them from their care home to hospital, during their hospital stay, and 
following discharge, back to their care home.  It is designed to hold all the essential 
belongings and standardised documentation that care home and hospital staff need 
when  an  individual  is  admitted  to  hospital  and  was  implemented  as  a  quality 
assurance mechanism. 

Our  investigation  has  identified  that  there  has  not  been  sustained  leadership  and 
ongoing  system  commitment  to  the  scheme  despite  strong  leadership,  as  well  as 
scheme champions, during the launch and early phases of the scheme.  The funding 
for the scheme was for a fixed term and enabled the initial launch as well as a small 
stock of red bags to be available to replace any that had been lost during the first few 
years of the scheme; however, it did not facilitate sustainability of the scheme.   

As with any quality assurance mechanism, the scheme required continued action to 
ensure  it  was  effective  and  this  included:  project  staff  time  to  continue  to  raise 
awareness of  the  scheme  via  induction  training  and  regular communication  with all 
agencies  involved  as  well  as  quality  monitoring  work  to  ensure  the  scheme  was 
working effectively and any quality improvement work required was acted upon.  The 

 
 
 
 
 
 RESTRICTED 

effectiveness  of  the  scheme  relied  upon  multi-agency  workers  knowing  of  the 
scheme and ensuring that they implemented it for each admission to hospital from a 
care  home.    Our  investigation  has  highlighted  that  there  has  not  been  consistent 
leadership of the scheme across our system.   

As  a  result  of  the  regulation  28  report,  Derbyshire  County  Council’s  Adult  Social 
Care department has taken the following action:  

•  Met with our colleagues in the Clinical Commissioning Group (CCG) to discuss 
the  Regulation  28  report  and  actions  that  need  to  be  taken  to  prevent  future 
deaths associated with urgent transfer from care homes to hospital 

•  We have discussed this matter at our system Integrated Care Homes Steering 
Group  on  the  22nd  June  2022  and  agreed  as  a  local  system  that  actions 
required  will  be  reported  to  and  monitored  by  the  Integrated  Care  Homes 
Steering  Group.  Leads  for this  work have  been  identified  in  Adult Social  Care 
and in the CCG.  

•  Those leads met on the 24th June 2022 and agreed the following actions: 

1.  Develop,  approve  and  disseminate  urgent  communications  to  care 
homes asking them to utilise red bags where they have them.  Review 
previous guidance on the scheme and revise and develop guidance on 
formal communication and handover requirements when transferring a 
resident to hospital where they do not have a red bag. The timescale 
for  completion  of  this  was  by  the  end  of  July  2022  and  it  has  been 
completed. 

2.  Revise,  approve  and  distribute  urgent  communications  to  ambulance 
trust and hospital trusts previous guidance regarding red bags. Include 
that a number of red bags continue to be used across Derbyshire, that 
we are reviewing long term sustainability and ensure all staff members 
are aware of the contents of the red bag and the importance of them 
checking  the  contents  as  they  include  crucial  information  regarding 
individuals’  needs  and  any  associated  risks.  The  timescale  for 
completion  was  by  the  end  of  July  2022  –  and  this  has  been 
completed. 

3.  For  the  CCG  lead  to  meet  with  the  Deputy  Directors  of  Nursing  from 
both Acute Trusts to agree the internal actions each will take to ensure 
effective  and  robust  handover  communications  when  receiving 
patients  into  the  hospital  in  both  the  emergency  department  and  on 
assessment and treatment wards.  This will include investigation of the 
contents  of  red  bags  when  they  are  used  by  care  homes.  The 
timescale for completion of this was  by the end of July 2022 and this 
has been completed. 

4.  Review 

red  bag  pathway 

the  sustainability  of 

including 
the 
consideration  of  the  risks  associated  with  it  and  opportunities  to 
implement  a  sustainable  approach  across  the  whole  of  the  County 
footprint.    Implement  an  interim  transfer  document  for  use  when 
transferring  individuals  from  care  homes  to  hospital  and  hospital  to 
care  homes  pending  the  digital  solution  being  implemented.   The 
timescale  for  full  roll-out  of  this  across  Derbyshire  is  by  the  end  of 
September 2022. 

 
 
 
 RESTRICTED 

5.  Review  the  Urgent  transfer  from  care  home  to  hospital  information 
standard  and  link  with  the  local  NHS  and  Local  Authority  digital 
transformation  leads  to  expedite  an  Integrated  Care  System-wide 
initiative  to  implement  the  new  digital  standards.    This  would  enable 
care homes to digitise and transfer individuals’ records electronically to 
hospital  containing  all  relevant  information.    The  timeframe  for  the 
discussion  with  local  NHS  and  Local  Authority  digital  transformation 
leads is the end of August 2022. By March 2024, 80% of adult social 
care  providers registered  with  the  Care  Quality  Commission  will  have 
digital  social  care  records,  with  progress  well  underway  for  the 
remaining 20% by that date.  

6.  For  effective  quality  monitoring  and  assurance  mechanisms  to  be 
implemented  and  delivered  across  care  home  provision,  ambulance 
and  hospital  trusts  to  monitor  compliance  and  impact  of  the  above 
actions and taking corrective action where indicated.  For performance 
to  be  reported  to  the  integrated  Care  Homes  Steering  Group  for 
monitoring and multi-agency action.  The timescale for implementation 
of this is from August 2022 on an ongoing basis. 

I  trust  that  this  provides  you  with  the  assurance  that  we  are  taking  all  appropriate 
actions  to  prevent  avoidable  deaths  of  this  nature  in  Derbyshire  County  Council’s 
Adult  Social Care  department  and  across  the  health  and  social  care  system  where 
robust  communication  at  all  stages  between  organisations  would  have  made  a 
difference. 

Yours sincerely,  

Assistant Director 

Safeguarding, Performance and Quality
Response from NHS Derby and Derbyshire (PDF)
Office for correspondence  
Chief Executive’s Office 
1st Floor North Point 
Cardinal Square 
10 Nottingham Road 
Derby 
DE1 3QT 

Tel: 

15th July 2022 

Your Ref: 04532 2020 

Private and Confidential 

Mr Peter Nieto 
Derby Coroners Court 
St Katherine's House 
St Mary's Wharf 
Mansfield Rd 
Derby 
DE1 3 TQ  

Dear Mr Nieto, 

Thank you for your letter dated 30th May 2022 to the former organisation, NHS Derby & Derbyshire 
Clinical Commissioning Group (CCG), which included the Regulation 28 report regarding the death of Mr 
Mark Edwin Sumnall. This response has been created under the auspices of the successor organisation, 
NHS Derby & Derbysire Integrated Care Board (ICB) established on the 1st of July 2022. 

We have had now had the opportunity to review the concerns you have identified following your 
investigation into the death of Mr Sumnall. 

The Derbyshire Care Home Red Bag scheme was launched in 2018 with the intention that the integrated 
pathway would support care homes, ambulance services and hospitals to meet the requirements of NICE 
guideline NG27: Transition between inpatient hospital setting and community or care homes. 

The red bag is a convenient and portable way of ensuring that all the necessary documents and personal 
items accompany the care home resident and follows them from admission, during their hospital stay, 
and then following discharge, back to the care home. The red bag is easily identifiable and designed to 
hold all the essential belongings and standardised documents that care home and hospital staff need 
when a patient is admitted to hospital. 

Our investigation has identified that, although strong leads and champions were in place at the outset 
when the scheme was launched, there has not been sustained leadership and ongoing  
system commitment to the scheme. The fixed term nature of the funding of the quality improvement did 
not adequately cover for long term sustainability. Continued input from project staff was required to 
regularly contact hospitals to locate missing bags and to maintain communication and raise awareness 
among other relevant and new staff.  This means a sustained focus on the continuation of and ongoing 
system engagement with this pathway has not been consistently in place.  

The following actions have been put in place as a result of the review of the concerns raised in the 
investigation: 

Head office address: 1st Floor North, Cardinal Square, 10 Nottingham Road, Derby, DE1 3QT 

Chair: 
Chief Executive: 

 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 •  The CCG did meet with our Local Authority colleagues to discuss the Regulation 28 report and 
actions that need to be taken to prevent future deaths associated with urgent transfer from care 
homes to hospital. 

•  We agreed at the system Integrated Care Homes Steering Group on 22nd June 2022 that actions 
required will be reported through and monitored by the Integrated Care Homes Steering Group. 
Leads were identified from the Local Authority and CCG / ICB.  

•  The Joint Leads met on Friday 24th June 2022 and agreed to: 

  Distribute urgent communications to care homes, refreshing previous guidance issued when the 
Red Bag Pathway was first introduced. This will include guidance on formal communication and 
handover requirements when transferring a resident to hospital where they do not have a red 
bag. This was had been completed. 

  Distribute urgent communications to the Ambulance Trust and Hospital Trusts refreshing 

previous guidance regarding red bags. This will reiterate that there are still a number of red 
bags in the system, they need to ensure all staff are aware of the contents of the red bag and 
investigate the contents as they include crucial information regarding the patient and any 
associated risks. This communication has been sent. 

  Meet with the Deputy Directors of Nursing from both Hospital Trusts to agree internal action 

each will take to ensure effective and robust handover communications when receiving patients 
into the hospital both in the emergency department and wards. These meetings have taken 
place. 

 

Implement an interim care home to hospital and hospital to care home transfer document.  Full 
roll out will be by the end of September 2022. 

  Monitor of the use of the care home to hospital transfer documentation, this will be incorporated 
into the routine quality monitoring undertaken by the Local Authority and the ICB Care Home 
Quality Team.  This will be put in place once the interim arrangements are rolled out. 

  Review the urgent transfer from care home to hospital information standard and link with the 

local NHS and LA digital transformation leads to expedite ICS wide initiatives to implement the 
new digital standards.   The link with Digital workstream 'Digital Social Care Records' has been 
established.  

I sincerely hope that this provides you with the assurance that as an ICB (previous CCG) and as a 
system we are taking appropriate actions to prevent avoidable deaths of this nature where robust 
communication at all stages between organisations would have made a difference. 

Yours sincerely, 

MA MB BChir DRCOG PGCGPE MRCGP 
Chief Executive 
NHS Derby and Derbyshire Integrated Care Board / Joined Up Care Derbyshire 

Head office address: 1st Floor North, Cardinal Square, 10 Nottingham Road, Derby, DE1 3QT 

Chair: 
Chief Executive:

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