Prevention of Future Deaths reports · 2022

Shirley Moloney

Regulation 28 report to prevent future deaths, reference 2022-0172, written 9 Jun 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report9 Jun 2022
Reference2022-0172
DeceasedShirley Moloney
CoronerNadia Persaud
Coroner areaEast London
CategoryMental Health related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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

MISS N PERSAUD 
HER MAJESTY’S CORONER 
EAST LONDON 
EAST LONDON CORONERS, ADULT LEARNING COLLEGE, 127 RIPPLE ROAD, BARKING, IG11 
7PB 

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS (1) 

Ref: 10342061 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1. Ministerial Correspondence and Public Enquiries Unit, Department of

Health and Social Care, 39 Victoria Street, London, SW1H 0EU
Email:

2.

, National Medical Director, The National Quality

Board, NHS England
Email:

1 

CORONER 

I am Nadia Persaud, area coroner for the coroner area of East London 

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. 
http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 
http://www.legislation.gov.uk/uksi/2013/1629/part/7/made 

3 

INVESTIGATION and INQUEST 

On the 5 January 2021 I commenced an investigation into the death of Shirley Alice 
Moloney. The investigation concluded at the end of the inquest on 26 May 2022.   

1 

 The conclusion at the end of the inquest was that Mrs Moloney had died from natural 
causes.  There were some concerns however that her underlying mental health 
diagnosis had been overlooked in the months leading up to her death.   

4 

CIRCUMSTANCES OF THE DEATH 
Mrs Moloney suffered from long standing paranoid schizophrenia.  In more recent 
years, she also suffered from hiatus hernia, Barretts’s oesophagus and severe frailty 
(very low BMI from at least 2019).  She was admitted to a care home in April 2019.  Mrs 
Moloney suffered from periods of mental distress, with psychotic symptoms.  Mrs 
Moloney received anti-psychotic medication, but did not receive any care from the 
community mental health team after April 2020.  In December 2020, there was a clear 
deterioration in her clinical state and she was deemed to be near to the end of her life.  
Anticipatory (palliative care) medication was prescribed for her.  On the 9 December 
2020 she suffered three vomits in her care home.  She was not administered 
anticipatory medication to relieve her symptoms at this time.  In the early hours of the 
10 December 2020, Mrs Moloney was found to be unresponsive in the bedroom of her 
care home.  The emergency services were called and a paramedic pronounced her life 
extinct on scene. It is likely that she died as a result of aspiration pneumonia.  There is 
no evidence that her death was rendered unnatural, due to any lack of care. 

5 

CORONER’S CONCERNS 

The MATTERS OF CONCERN are as follows: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

Mrs Moloney suffered from paranoid schizophrenia.  There was 
evidence of her mental state deteriorating in the months leading up to 
her death. Her mental health deterioration is likely to have impacted 
upon her physical health deterioration, but she was not under the care 
of community mental health services in the last nine months of her life. 
The inquest heard that older age psychiatric teams are very poorly 
resourced, nationally. This is compounded by an absence of adequately 
trained staff, to address mental health in residential home settings.  
The inquest also heard that there is a lack of establishments suitably 
designed for dual physical/mental health needs.     
Once discharged from an older age community psychiatry team, it can 
take a very long time to access the teams again.  These delays can act 
as a deterrent to GPs in referring patients to community mental health 
teams.     
The inquest heard that mental health concerns can often be 
overlooked towards the end of life.  Structures for accessing care for 
physical symptoms towards the end of life are well developed.  
Accessing care and support for psychological distress is not so well 
defined.  Care homes and nursing homes tend to have mainly general 
nurses, as opposed to mental health nurses.  They also have easy 
access to GPs and geriatricians.  There is a perceived lack of easy access 
to older age psychiatry teams, by care homes and nursing homes.    
As mental health and physical health are so closely inter-linked, the 
lack of older adult psychiatry resource for elderly patients, gives rise to 
a risk of future deaths.     

6 

ACTION SHOULD BE TAKEN 

2 

 
 
 
 
 
 
 In my opinion action should be taken to prevent future deaths and I believe you 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 4 August 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 am sending a copy of my report to the Chief Coroner, to the family of Mrs Moloney, 
the CQC, the local Director for Public Health and to the other interested persons to the 
inquest.  The report is also being copied to the Royal College of Psychiatrists and the 
British Geriatrics Society.   

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 

9 June 2022                                                       

3

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 Maria Caulfield MP 
Parliamentary Under-Secretary of State 
Department of Health and Social Care 

1 December 2022 

Nadia Persaud  
East London Coroners 
Adult Learning College 
127 Ripple Road 
Barking 
IG11 7PB 

Dear Ms Persaud,  

Thank you for your letter of 9 June 2022 about the death of Shirley Alice Moloney.  I am 
replying as Minister with responsibility for Mental Health and I thank you for the additional 
time allowed. 

Firstly, I would like to say how saddened I was to read of the circumstances of Mrs 
Moloney’s death and I offer my sincere condolences to her family and loved ones.  The 
circumstances your report describes are very concerning and I am grateful to you for 
bringing these matters to my attention.  

In preparing this response, departmental officials have made enquiries with NHS England 
and the Care Quality Commission (CQC). 

Whilst there was no evidence that a lack of care contributed to Mrs Moloney’s death, we 
recognise the areas of concern you have identified that could contribute to future deaths.  
We are committed through the NHS Long Term Plan to offering more NHS support in care 
homes to ensure there are strong links between care homes, local general practices and 
community services.  

You have raised concerns around the resourcing of older age psychiatric teams.  We 
recognise the need to increase capacity in NHS mental health services, including 
community mental health services for older adults, due to the increasing demand for 
services.  The mental health workforce increased by 5,900 full-time equivalent staff in 
December 2021 compared to December 2020, and by over 11,800 compared to 
December 2010.  However, we know there is more to do to ensure we have sufficient 
numbers of healthcare staff to deliver our aims for high quality, accessible mental health 
services for all ages.  We therefore aim to expand the mental health workforce by an 
additional 27,000 healthcare professionals by 2023/24 (compared to 2019/20). 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Furthermore, through the NHS Long Term Plan, we are investing at least £2.3 billion 
additional funding a year to expand and transform mental health services in England by 
2023/24.  This will enable an extra two million people to be treated by NHS mental health 
services by 2023/24. This includes new integrated community models, giving 370,000 
adults and older adults with severe mental illness greater choice and control over their 
care and support to live well in their communities by 2023/24.  

We are also committed to setting clear standards for patients requiring access to 
community mental health treatment.  NHS England has consulted on the potential to 
introduce five new waiting time standards as part of its clinically led review of NHS Access 
Standards.  These include a proposal that adults and older adults presenting to 
community-based mental health services should start to receive help within four weeks 
from referral.  NHS England published the outcomes of that consultation in February, and 
we are now working with them on the next steps.  

With regard to your concerns around a lack of adequately trained staff in care homes, and 
a lack of establishments suitably designed for dual physical/mental health needs.  The 
quality, delivery and availability of a suitable care provider sits within the responsibility of 
the local authority and the CQC.  Where concerns on quality or safety are identified, the 
CQC have a wealth of enforcement powers available and will take swift action to ensure 
the safety of service users.  Under the Care Act 2014 local authorities are responsible for 
achieving a responsive, diverse and sustainable market of service providers that can 
provide high quality, personalised care and support, to best meet the needs of people.  

In addition, the CQC and local authorities also have a responsibility to monitor the quality 
of care provided and minimise the risk of service interruption or failure.  Following assent 
of the Health and Social Care Act 2022 earlier this year, the CQC will be responsible for 
inspecting local authorities against their Care Act duties from April 2023.  The CQC will 
review, assess and report on council regulated adult social care functions under Part One 
of the 2014 Care Act, such as prevention, information and advice, market shaping and 
support services. 

I hope this response is helpful. Thank you for bringing these concerns to my attention.  

Kind regards, 

MARIA CAULFIELD MP

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