Prevention of Future Deaths reports · 2022

Ann Pickering

Regulation 28 report to prevent future deaths, reference 2022-0206, written 4 Jul 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report4 Jul 2022
Reference2022-0206
DeceasedAnn Pickering
CoronerDavid Urpeth
Coroner areaSouth Yorkshire (Western)
CategoryHospital Death (Clinical Procedures and medical management) 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.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1. Barnsley District General Hospital, Gawber Road, Barnsley, S75 2EP
2. Kendray Hospital, Kendray Hospital Lodge, Doncaster Road, Barnsley,

S70 3RD

1 

CORONER 

I am David Urpeth, Senior Coroner, for the Coroner Area of South Yorkshire West 

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 13.7.21, an investigation into the death of Ann Pickering was commenced. The 
investigation concluded at the end of the inquest on 24.6.22. The conclusion of the 
inquest was a narrative conclusion, copy attached.  

4 

CIRCUMSTANCES OF THE DEATH 

Mrs Pickering began complaining of throat swelling and a sense of choking. Various 
tests found no issues with her throat or swallowing function. She refused to eat and drink 
sufficient and was diagnosed with severe anxiety and an eating disorder.  

She was admitted to Kendray hospital and placed under a s2 MHA order. Following a 
decline in her physical health she was transferred to Barnsley Hospital where she 
remained until her death on 1.7.21.  

The evidence was that there was a delay in recognising the need for an NG tube and 
actually inserting one. The evidence was that the delay did not cause her death.  

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 will occur unless action is taken. In the 
circumstances it is my statutory duty to report to you. 

The MATTERS OF CONCERN are as follows.  – 

During the inquest, evidence showed:- 

1.

2.

3.

4.

There was a recognition on 17.2.21 by Kendray Hospital that NG tube
feeding was required.
Barnsley Hospital did not initially feel transfer should take place to them
and it was not until 23.6.21 that they accepted a transfer
Despite recognising an NG tube was required, one was not inserted
until the 30.6.21
There was a lack of clear policies and procedure about how a patient
under a section should be transferred and what documentation /
resource should go with them.

1 

 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 29.8.22. 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 to all Interested Persons :- 

Family  

Barnsley District General Hospital  

Kendray Hospital  

I am also under a duty to send the Chief Coroner a copy of your response.  

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:  4.7.22 

 SIGNED BY 
 DAVID URPETH, SENIOR CORONER SOUTH YORKSHIRE (WEST) 

2

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 NHS South West Yorkshire Partnership (PDF)
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South West 
Yorkshire Partnership 
NHS Found  tlon Trust 

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Barnsley  Hospital
NHS  Foundation Trust 

Mr DJ Urpeth 
HM  Senior Coroner 
The Medico-Legal Centre 
Watery Street, 
Sheffield 
South Yorkshire 
S3  7ES 
BY EMAIL AND  1ST  CLASS POST 

26  August 2022 

Dear Mr Urpeth, 

Regulation 28  Response Ann  Pickering 

We write  in  response to  your correspondence  dated  4 July 2022,  received  on  7  July 
2022,  enclosing  a  Regulation  28  Report  following  the  inquest touching  the  death  of 
Mrs  Ann  Pickering  on  24  June  2022.  May  we  offer the  family  of Ann  Pickering  our 
sincere condolences for their loss. 

The  response  to  the  Regulation  28  Report  has  been  prepared  and  agreed  jointly 
between  Barnsley  Hospital  NHS  Foundation  Trust,  who  manage  Barnsley  Hospital, 
(BHNFT) and  South West Yorkshire Partnership NHS  Foundation Trust who  manage 
Kendray  Hospital  (SWYPFT).  The  term  "service  user  and  patient"  are  used 
interchangeably  throughout  the  response.  This  is  to  reflect  the  terminology  utilised 
within  each Trust's policies and  procedures. 

In  order to  respond to your concerns  under Section 5 of the  Regulation  28  Report we 
have adopted the same numbering for your ease of reference: 

1. 

There  was  a  recognition  on  17.2.21  by  Kendray  Hospital  that  NG 
tube feeding was required. 

Thank you  for clarifying that the date referred  to  above  is  17 June 2021. 

It is  recognised  by both  organisations that the communication  between  SWYPFT and 
BHNFT around  17.6.21  was not a standardised consultation and  referral  process and 
that  improvements  are  required  so  that  both  organisations  have  clarity  on  roles  and 
responsibilities. 

BHNFT  and  SWYPFT  are  improving  and  clarifying  the  process  which  includes  a 
protocol  that  details  operational  delivery of a  safe  and  effective  pathway, which  will 
include: 

•  A  clear referral  pathway  between  SWYPFT and  BHNFT,  including  escalation 
processes  where  there  is  a  difference  of clinical  opinion  about  the  need  for 
transfer. 

•  Clarity with  regards  to  advice  versus  referral  and  when  to  access  emergency 

care  in  a general hospital setting. 

1 

 J;.,• Ii>,.] 
South West 
Yorkshire  Partnership 
NHS Found  tion Trust 

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Barnsley  Hospital
NHS  Foundation Tru st 

•  Escalation  processes  that  involve  both  SWYPFT  and  BHNFT  Safeguarding 

advisors ensuring timely and  person-centred decisions are  made. 

An  interim  guidance  protocol  to  both  BHNFT  and  SWYPFT  staff  will  be  distributed 
from  26 August 2022, followed  by a substantive co-owned operational  protocol  that is 
to be in place by 30 September 2022 (EXHIBIT 1 ).  In addition, an update to the existing 
service  level  agreement  for  the  Provision  of  Mental  Health  Responsibilities  -
for 
Patients  Detained  under the  Mental  Health  Act,  will  be  amended  by  30  September 
2022  (EXHIBIT 1 ). 

2. 

Barnsley Hospital did not initially feel transfer should take place to 
them  and  it was  not until 23.6.21  that they accepted a transfer. 

It is  recognised  by both  organisations that improvements are required  so that there is 
clarity  on  roles  and  responsibilities  around  timely  decision  making  and  transfer  of 
service  user from  SWYPFT  to  BHNFT.  We  have  also  addressed  this  in  concern  1 
above. 

The  specific  detail  of these  actions  is  also  included  in  the  collaborative  action  plan 
(EXHIBIT 1 ). 

3. 

Despite  recogmsmg  an  NG  tube  was  required,  one  was  not 
inserted  until the 30.6.21 

In  addition  to  collaborative  working  between  SWYPFT  and  BHNFT,  a  review  of 
BHNFT's  existing  nutrition  policy  and  agreement  on  meeting  a  patient's  nutritional 
requirements  particularly  for  detained  patients,  including  where  there  is  a  need  for 
restraint will  be  undertaken jointly. 

Nutritional  support  will  be  provided  in  a  timely  manner  by  staff from  the  respective 
Trusts  being  clear  about their  roles  and  responsibilities  in  their  own  organisations, 
and collectively so that delays do not arise. A standard operating procedure  to clarify 
this along with  clear timescales will  be  in  place by 30 November 2022  (EXHIBIT 1). 

4. 

There  was  a  lack  of  clear  policies  and  procedure  about  how  a 
patient  under  a  section  should  be 
transferred  and  what 
documentation / resource should go with them. 

In  addition to  the  points  above,  collaborative working  between  BHNFT and  SWYPFT 
has taken place to address this point, this includes: 

(a)  Amending  the  service  level  agreement  between  BHNFT  and  SWYPFT to  reflect 
SWYPFT Section  17 Policy,  specifically the section  relating to  'service users residing 
in  other hospitals';  (EXHIBITS  1 &2). 

(b)  Amending  BHNFT  and  SWYPFT  service  level  agreement  to  include  section  17 
leave arrangements from  SWYPFT to BHNFT. (EXHIBIT 2); 

2 

 '•'Li /i-1 
South West 
Yorkshire Partnership 
·on Trust 
NHS  Found 

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Barnsley  Hospital
NHS  Fou .,dation Tn11st 

(c)  Developing  a  co-produced  protocol  that  details  the  operational  delivery  o f  the 
above,  also in  (EXHIBIT 1 ). 

(d)  Identification  of  lead  clinical  staff,  including  clear  plans  for  which  clinic ian  is 
responsible  for  each  aspect  of  a  patient's  management,  where  they  are  un der  a 
section and transferred to  BHNFT (S17  Leave). 

Enclosed  with  the  response  to  the  Regulation  28  Report  is  the  jointly agreed  a ction 
plan, timescales and governance arrangements to ensure that Part 5 of your con cerns 
are fully addressed.  (EXHIBIT 1). 

We hope that this response provides assurance to you and the family of Mrs Pickering , 
that  the  concerns  identified  have  been  taken  seriously  and  addressed  by  th e  two 
organisations. 

Yours sincerely 

Chief Executive 
Barnsley Hospital NHS Foundation Trust 

Chief Executive 
South West Yorkshire  Partnership NHS Foundation Trust 

Encs:  EXHIBITS  1 AND 2 

3 

 
 
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South  West 
Yorkshire  Partnership 
NHS  Foundation Trust 

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Barnsley  Hospital
NHS Foundation Trust 

EXHIBIT 1 

Response to  Regulation 28 from  HM  Coroner Mr Urpeth re Ann  Pickering - Action  Plan 

Aims/ Targets/ 
Objectives 

How this will  be 
achieved 

What 
expected 
outcome will
be

Ensure there 
are clear 
policies and 
procedures on 
how patients 
under a 
section should 
be transferred 
between 
Kendray 
Hospital and 
Barnsley 
Hospital and 
what 
documentation 
I resource 
should 
accompany 

Amend the service level 
agreement (SLA) 
between  BHNFT and 
SWYPFT to  reflect
SWYPFT Section  17
Policy,  specifically the 
section relating to
'service users residing
in  other hospitals' 

Patients will 
be transferred 
in  a safe and 
timely manner,
supported by 
the
appropriate
resource and
documentation

Amend  BHNFT Policy 
to  include section  17 
leave arrangements 
from  Kendray to 
Barnsley Hospital 

An  MDT
meeting for all 
transferred
patients will 
provide timely 
opportunity to 
agree the 

Develop a protocol that 
details the operational  management
delivery of the above, 
plan for the 

I 

Who will  lead this 

Deputy Director of 
Nursing & Quality
for BHNFT and 
Director of 
Nursing for 
SWYPFT

What
evidence will 
support this 

Interim
guidance

SLA for the 
provision of 
Mental Health 
responsibilities 
for patients 
detained 
under the 
MHA

Updated 
policy 

Protocol

Where this will 
be  reported/ 

Timescales
this will  be  monitored to  -
ie  Committee/ 
achieved
Group
within 

Interim
guidance
to
SWYPFT
and
BHNFT
staff by 26 
August
2022

Existing
SLA to  be
amended
by 30 
September
2022

Policy
amended

Mental  Health 
strategy 
implementation 
group

Safeguarding
steering  Group 

Quality &
Governance
Committee

SWYPFT
Operational
Management
Group

SWYPFT
Executive 

RAG 
rating

•

•
EJ

 South West 
Yorkshire Partnership 
NHS  Foundation Trust 

rvl:kj

Barnsley  Hospital 
NHS  Foundation Trust 

Management 

by 30 
September  Team 
2022 

Co-
produced 
Protocol to 
be 
developed 
by 30 
September 

• 

the patient. 

which will  include 

patient. 

Staff from the 
respective 
Trusts will  be 
clear about 
their roles and 
responsibilities 

• 

• 

• 

• 

• 

referral  pathway,
including 
escalation where 
decision to 
transfer is 
disputed 

establishment of
MDT meetings 
within an  agreed 
timeframe to 
agree 
management 
plan 

Transfer of 
agreed 
documentation 

Transfer of
human resource 

Identification of
responsible 
clinicians 

 t4'i:k, 

South  West 
Yorkshire Partnership 
NHS Foundation Trust 

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Barnsley Hospital 
NHS  Foundation Trust

Ensure that 
NG tubes are 
inserted  in  a 
timely manner 

Review of existing 
nutrition policy and 
agree on  insertion 
requirements 
particularly for detained 
patients,  including 
where there  is a need 
for restraint 

Nutritional 
support will  be 
provided in  a 
timely manner. 

Staff from the 
respective 
Trusts will  be 
clear about 
their roles and 
responsibilities 

30 
November 
2022 

SOP in  place  Matron for 

Gastroenterology, 
BHNFT 

Dr Neela Sundar, 
Consultant 
Gastroenterologist 
for BHNFT 

Carmain  Gibson -
Holmes Deputy 
Director of 
Nursing for 
SWYPFT 

Nutritional 
steering group 

& Harm Group  • 

Patient Safety 

Complete 

• 

On  track 

Off track but recoverable 

• 

Delayed 

 EXHIBIT 2 

SWYPFT patients on  section  17 leave Mental Health Act to  Barns l ey 
District General Hospital  (BHNFT) 

Where a service user is  required to reside at BHNFT as a condition of his or her 
to  be 
the  Responsible  Clinician  (RC)  granting 
leave, 
responsible for the  service  user's mental health  treatment. 

leave  continues 

Where  a  service  user  requires  treatment  in  a  general  hospital  for  a  ph ys ical 
disorder and it is expected that the service user will return to SWYPFT follow ing 
a  period  of  treatment,  it  is  recommended  that  section  17  leave  is  used  in 
preference to  section  19(1) (formal transfer of power to  detain). 

BHNFT staff are  responsible for all  aspects of the  physical  health treatment of 
the patient.  (see  below for further information) 

Under the  provisions  of section  17  leave,  the  RC  retains  overall  responsibility 
for the service user's mental health care and treatment.  Staff from SWYPFT are 
required to remain with the service user whilst on  section  17 leave. Where a  risk 
assessment indicates that no escort is required this needs to be agreed with the 
general hospital and a plan  of care including risks and  action to be taken  should 
be  completed and  agreed with  the treating  clinical teams and  the safe guarding 
lead for BHNFT. 

SWYPFT  will  continue  to  be  legally  responsible  for  the  service  user's  mental 
health  care  whilst they are  on  section  17  leave.  (the  service  user will  continue 
to  be  legally detained  to  SWYPFT) 

SUGGESTED ADDITION: 

Treatment under the  Mental  Health Act for Mental Disorder. 

Whilst the  patient is  in  the general hospital treatment for the  mental disorder 
will  be  under the direction  of the  RC  from  SWYPFT. Treatment for the mental 
disorder will  where applicable be authorised  under the  Mental Health Act. 

Any treatment which  is given for a physical condition will  be  under the  direction 
of the treating  physician's at BHNFT.  (use  of the  Mental Capacity Act will  be 
considered where the patient lacks capacity to  consent to the  proposed 
treatment). 

It is  advisable to  consult the  RC  to  determine if the  service  user's mental 
disorder is  impacting on  the persons capacity to  consent to  treatment. 

The  administration of the treatment will  be the  responsibility of BHNFT staff. 

An  example may be: 

 Service  user detained  under the  Mental  Health Act (not holding  powers 5(2  ) or 
5(4)) 

Service  user with  a  mental disorder affecting nutrition intake, 

Advice and discussion with  BHNFT physician,  recommended treatment by  the 
physician  is  Naso gastric feeding . 

The RC  will  consider if the  recommended  treatment forms part of the 
treatment for the mental disorder, if so satisfied they can authorise the  Naso 
Gastric tube feed  under the  Mental Health Act.  (advice can  be  sought from  the 
Mental  Health Act staff in  SWYPFT if required) 

Although the authority to  treat may be within the scope of the  Mental Health 
Act, it will be the physician that will  decide if it is  safe to  treat. 

Determining the service user's capacity to consent to the proposed treatment 
should  be  informed  by collaborative discussion between the RC  and the 
BHNFT treating physician . 

The  BHNFT physician  and  team will  be  responsible for the administration  and 
management of such treatment as clinically indicated  by the physician .

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