Prevention of Future Deaths reports · 2022

Daniel Ludlam

Regulation 28 report to prevent future deaths, reference 2022-0171, written 7 Jun 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report7 Jun 2022
Reference2022-0171
DeceasedDaniel Ludlam
CoronerKatrina Hepburn
Coroner areaKent (Central & South East)
CategoryEmergency services related deaths (2019 onwards)
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 

THIS REPORT IS BEING SENT TO:   

1. NHS Digital

2. Department for Health and Social Care

1   CORONER 

I am Katrina Hepburn, Area Coroner, for the coroner area of Central & South 

East Kent   

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 6th January 2020 I commenced an investigation into the death of 

Daniel Robert Ludlam, 49. The investigation concluded at the end of 

the inquest on 26th May 2022. The conclusion of the inquest was 

death due to natural causes, contributed to by neglect. 

1 

 4    CIRCUMSTANCES OF THE DEATH   

Daniel Ludlam had a history of moderate learning disability and had a package 

of  care  in  place.  Daniel  had  a  hiatus  hernia  and  despite  hospital  attendances 

earlier in the year presenting with gastrointestinal symptoms, this had not been 

investigated  thoroughly.    As  a  result,  the  severity  of  his  underlying  gastric 

condition was not known. 

On the 30th December 2019, Daniel complained of gastrointestinal symptoms 

of abdominal pain, haematemesis and melena. There was an initial delay in an 

ambulance being requested by his carers. 

During the initial call to the emergency services, Daniel had been too unwell 

to  speak  with  the  call  handler  on  the  telephone.  He  was  in  bed  and  the  land 

line telephone was in another room.  

It  was  clearly  stated  to  the  call  handler  by  the  carer  that  due  to  Daniel’s 

learning  disability,  he  may  answer  the  questions  with  the  response  that  he 

thought  the  questioner  would  want  to  hear,  and  that  he  may  not  answer  the 

question  accurately  for  that  reason.  Further,  that  he  may  not  understand  the 

question  being  asked.  The  carers  assisted  the  call  handler  with  relaying 

responses to the triage questions. The triage category allocated was Category 3 

on the NHS Pathways triage system, with a response time of up to 2 hours. 

There was then a second call due to worsening symptoms and a further triage. 

The same information was relayed to a second call handler, that Daniel would 

not  be  able  to  answer  the  questions  accurately  due  to  his  learning  disability. 

The category remained at C3. 

There was a delay in paramedic arrival at the property, due to the Surge Level 

the  service  faced  at  the  time.  Further  backup  paramedic  support  was 

immediately required as Daniel’s condition had deteriorated significantly. The 

category  was  changed  to  C2  and  then  C1.  Despite  the  intervention  of  the 

paramedics, Daniel died at the scene. Post-mortem examination has identified 

that  the  hiatus  hernia  had  been  obstructed  and  caused  a  gastrointestinal 

haemorrhage  which  resulted  in  hypovolemic  shock  which  was  the  medical 

cause of Daniel's death. 

2  

 
  
 5    CORONER’S CONCERNS   

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

The MATTERS OF CONCERN are as follows.  –    

(1)  The NHS Pathways triage system for the calls that were made did not 

appear to take specific account of the patient who had a learning disability. 
Daniel could not communicate accurately his symptoms, and specifically 
would give the responses that he felt the call handler wanted to hear. He 
could not understand the questions being asked during the NHS Pathways 
triage.  

(2)  There appears to be no procedure or specific protocol in place to deal with 
a caller with learning disabilities, save for an early exit from the triage 
Pathway to request a clinician review. I am concerned that in similar future 
cases, either the information being given will not result in the correct triage 
category being reached, or any exit from the pathway to seek clinician input 
may result in a delay in sending out a paramedic crew.   

(3)  The carer assisting Daniel had to interpret the questions from the call 

handler in a way that Daniel could easily understand and then relay the 
responses back. In the future a call may come in from someone with 
learning disabilities who does not have a carer present to assist with the 
interpretation of the questions and to advocate on their behalf. Without 
there being a policy in place to deal with callers who cannot easily 
communicate or understand the questions, there is a risk of future death 
which could occur. 

6    ACTION SHOULD BE TAKEN   

I understand that NHS Pathways telephone triage system is a clinical decision support 
system (CDSS) supporting the remote assessment of callers to urgent and emergency 
services. The system is owned by the Department and Health and Social Care, but is 
delivered by NHS Digital. I consider that together or individually you would have the 
ability to make any changes to the triage system. 

In my opinion action should be taken to prevent future deaths and I 
believe you and your organisations have the power to take such action.    

3  

 
 
 
 
 
 
 
 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 July 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 South East Coast Ambulance Service, 

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

I may also send a copy of your response to any other person who I believe 
may find it useful or of interest.    

The Chief Coroner may publish either or both in a complete or redacted or 
summary form. He may send a copy of this report to any person who he 
believes may find it useful or of interest.    

You may make representations to me, the coroner, at the time of your 
response, about the release or the publication of your response.   

9   

  7TH June 2022        

4

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 Department of Health and Social Care (PDF)
From Helen Whately MP 
Minister of State for Care 

39 Victoria Street 
London 
SW1H 0EU 

Ms Katrina Hepburn 
Area Coroner, for the coroner area of Central & South East Kent 
Coroner Service Team 
Oakwood House 
Oakwood Park 
Maidstone 
ME16 8AE 

 4 April 2024 

Dear Ms Hepburn,  

Thank  you  for  your  letter  of  7  June  2022  to  the  Department  of  Health  and  Social  Care, 
regarding the death of Daniel Ludlam. I am replying as Minister with responsibility for urgent 
and  emergency  care.  Please  accept  my  sincere  apologies  for  the  significant  delay  in 
responding  to  this  matter.  I  would  like  to  assure  you  that  the  department  is  mindful  of  the 
statutory  responsibilities  in  relation  to  prevention  of  future  deaths  reports  and  we  are 
prioritising responses as a matter of urgency. 

Firstly, I would like to say how saddened I was to read of the circumstances of Mr Ludlam’s 
death, and I offer my sincere condolences to his family and loved ones. It is of course vital that 
we take learnings where they are identified to improve NHS care and I am grateful to you for 
bringing these matters to my attention.  

The cause for concerns raised in the report were around the NHS Pathways triage system, 
and  in  particular  for  patients  with  a  learning  disability.  I  recognise that  NHS  Pathways  is  a 
system  to  assess  a  patient’s  clinical  presentation,  and  requires  well  trained  and  highly 
competent system users to elicit the most effective outcome for patients. I am aware that 

 in her capacity as Clinical Director of NHS Pathway, NHS Digital, has provided 
a  thorough  response  to  your  Regulation  28  report.  I  do  hope  that  as  an  executive  non-
departmental  public  body,  sponsored  by  the  Department  of  Health  and  Social  Care,  the 
response has addressed each of your concerns to prevent future deaths. 

With  reference  to  your  first  concern  around  the  system  not  taking  into  specific  account  of 
patients who have not been able to understand questions asked, I would like to assure you 
that  all  health  advisors  and  clinicians  are  trained  on  engaging  with  people  with  learning 
disabilities and this forms part of core training. NHS Pathways staff are monitored against the 
competency framework so staff competency is checked on an ongoing basis.  

NHS Pathways enables an assessment of a patient’s current clinical presentation along with 
the means to adapt the process where standard triage might not be appropriate, such as for 
patients with learning difficulties. ‘Early Exit’ is one of the elements of functionality that enables 
deviation from a standard triage with other options such as a route for patients with known 
health issues who have a care plan in place and the ‘not sure’ option where the caller hasn’t 
been able to give a definitive response despite probing.  

1 

 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 You raised concerns about future callers with learning disabilities without a carer present to 
assist with the interpretation of the questions and to advocate on their behalf, in this case the 
protocol for the health advisor would be to ‘Early Exit’ and a clinician would take over the call. 
A clinician can then make a judgment, based on a framework of clinical accountability, about 
next steps for the patient.  

More broadly, I recognise the pressures A&E and ambulance services are facing. Last January 
we published our ambitious Delivery plan for recovering urgent and emergency care services 
to drive sustained improvements in urgent and emergency care waiting times. Our ambitions 
for this year are to improve A&E waiting times to 78% of patients to be admitted, transferred, 
or discharged from A&E within four hours, including to reduce Category 2 ambulance response 
times to 30 minutes across this fiscal year.  

Your  report  highlights  that  SECAmb  was  under  high  demand  at  the  time  of  the  incident.  A 
primary aim of our recovery plan is to boost ambulance capacity. Ambulance services received 
£200 million of additional funding in 2023/24 to expand capacity and improve response times, 
and we are maintaining this additional capacity in 2024/25. This is alongside the delivery of 
new ambulances and specialist mental health vehicles. With more ambulances on the road, 
patients will receive the treatment they need more swiftly.     

At a national level, we have seen significant improvements in performance this year compared 
to last year. In winter 2023-24, average Category 2 ambulance response times (including for 
serious conditions such as heart attacks and strokes) were over 12 minutes faster compared 
to  the  same  period  last  year,  a  reduction  of  nearly  25%.  SECAmb  average  Category  2 
response times were over 5 minutes faster compared to the same time period last year, a 16% 
reduction.  

I  hope this response  further reassures  you of  the work  undertaken.  Thank you  for  bringing 
these concerns to my attention. 

Yours,  

HELEN WHATELY

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