Prevention of Future Deaths reports · 2022

Sandra Kirk

Regulation 28 report to prevent future deaths, reference 2022-0298, written 26 Sep 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report26 Sep 2022
Reference2022-0298
DeceasedSandra Kirk
CoronerAnna Loxton
Coroner areaSurrey
CategorySuicide (from 2015)
Organisation namedSurrey and Borders Partnership NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses published2

The report

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

IN THE SURREY CORONER’S COURT 
IN THE MATTER OF: 

__________________________________________________________ 

The Inquest Touching the Death of Sandra KIRK  
A Regulation 28 Report – Action to Prevent Future Deaths 
__________________________________________________________ 

THIS REPORT IS BEING SENT TO: 

• 

, Chief Executive, NHS England and NHS 

Improvement, PO Box 16738, Redditch B97 9PT, 
England.contactus@nhs.net   

1  CORONER 

Ms Anna Loxton, HM Assistant Coroner for Surrey 

2  CORONER’S LEGAL POWERS 

I make this report under paragraph 7(1) of Schedule 5 to The Coroners 
and Justice Act 2009. 

3 

INVESTIGATION and INQUEST 
The inquest into the death of Sandra Kirk was opened on 5th November 
2021.  It was resumed on 5th September and concluded on 15th September 
2022 before a Jury.  

The Jury found the medical cause of death to be:  

     1a. Asphyxia due to ligature around her neck 

The  jury  returned  a  narrative  conclusion,  recording  that  Sandra  had  no 
mental  health  history  until  after  she  contracted  Covid-19  in  November 
2020.  Whilst  she  appeared  to  make  a  full  physical  recovery,  she became 
increasingly preoccupied by the delusional belief that she had sustained a 
permanent  degenerative  brain  disorder  as  a  result  of  Covid,  which  was 
progressive and terminal. 

They recorded that  as a result of this fixed belief, she attempted suicide 
on  23rd  February  2021  with  a  carefully  planned  overdose  and  carbon 
monoxide poisoning, leading to a diagnosis of psychotic depression and 

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 inpatient  care  until  5th  March  2021,  with  Community  Health  Recovery 
Service follow up in the community. 

On 15th May 2021 she attempted to end her life 

  She  was  admitted  to 
Cygnet Hospital Woking (“Cygnet”) under section 2 of the Mental Health 
Act on 17th May 2021. Whilst on section 17 escorted leave on 9th June 2021, 
she  again  attempted 
  resulting  in  her 
being detained under section 3 of the Mental Health Act; her leave being 
revoked;  and  observations  increased  to  every  15  minutes  before  being 
returned to general hourly observations.  

Sandra disclosed that she was non-compliant with medication to a friend, 
and  this  was  reported  to  Cygnet  staff  on  27th  July  2021  at  an  MDT 
meeting.  A  search  of  her  bedroom  was  undertaken  later  that  afternoon, 
following  a  similar  disclosure  via  another  patient  that  Sandra  had 
reported non-compliance. During this search no medication was found. A 
were  found  and  removed  from  her 
bedroom, in accordance with Cygnet’s Restricted/Prohibited Items policy, 
which identified such items as “not allowed because it would not be safe 
for  them  to  be  used  in  this  environment”.  A  Nurse  who  carried  out  the 
search gave evidence that she had noted 

 during the search, but these were not removed as Sandra was 

not deemed to be a specific risk of ligature. 

On 30th  July 2021 Sandra herself confirmed to a member of nursing staff 
that she had been spitting out her lithium medication.  

On  the  morning  of  2nd  August  2021,  Sandra’s  57th  birthday,  she  was 
recorded  as  being  in  the  bathroom  at  7.02am  observations  with  the 
shower running. At 7.55am observation, she was found deceased on the 
bathroom floor 

The  Jury  recorded  that  “Sandra’s  high  risk  of  suicide,  in  combination 
with  the  risk  posed  by  ligatures  to  both  other  service  users  and  Sandra 
herself,  and  the  high  percentage  of  in-hospital  suicides  which  are 
undertaken through ligature use, mean that it is probable that the failure 
to remove the dress belt when it was brought in to Sandra on 6th of June 
  was  not  removed 
contributed  to  her  death.  In  addition, 
when  it  was  brought  in  and  that  it  remained  in  the  room  following  the 
search  on  27th  July  2021,  the  failure  to  remove  it  is  also  a  probable 
contribution to her death. The risk of ligatures in Sandra’s possession for 
the above reasons therefore warranted its removal on both occasions”.  

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 Whilst  Sandra’s  Consultant  Psychiatrist  expressed  surprise  that  Sandra 
 possession, nursing staff gave evidence that they would 
not have expected this to be removed as Sandra was not assessed as being 
at  risk  of  ligature,  although  at  high  risk  of  suicide,  because  she  had  no 
specific  history  of  ligature  use.  They  referred  to  a  balance  between 
assessing risk and maintaining patient dignity in considering whether to 
remove items of patient  clothing, and that  many items  can  be  used as a 
ligature by the determined user.  

4  CIRCUMSTANCES OF THE DEATH 

Sandra Kirk was found unresponsive on the floor of the ensuite bathroom 
of  her  bedroom  at  Cygnet  Hospital  at  7.55am  on  the  morning  of  2nd 
August  2021 
.  She  could  not  be 
resuscitated  and  was  declared  deceased  by  attending  paramedics  at 
8.53am.   

5  CORONER’S CONCERNS 

The MATTERS OF CONCERN are: 

-  The  evidence  in  this  inquest  was  that  Cygnet’s  Ligature  Risk 
Reduction  Policy  and  the  Ligature  Audit  Tool/Ligature  Risk 
Assessment  are  standard  documents  used  by  Mental  Health 
inpatient providers, including NHS Psychiatric Trusts.  

-  The  Ligature  Risk  Reduction  Policy  quotes  the  CQC  guidance  of 
2015, that “Three-quarters of people who kill themselves whilst on 
a psychiatric ward do so by hanging or strangulation”. 

-  Whilst  these  documents  provide  detailed  guidance  in  respect  of 
minimising ligature anchor points, they do not give guidance as to 
minimising  potential  ligatures  themselves,  which  are  defined  as 
“Any  item  which  can  be  used  to  make  a  loop  or  noose  with  the 
intention  of  limiting  the  supply  of  oxygen  to  an  individual  by 
hanging or asphyxiation”. 

-  Rather  than  emphasising  the  very  real  risk  that  specific  items  of 
,  can  pose  to  vulnerable 
clothing, 
patients,  the  document  places  emphasis  on  avoiding  ‘blanket 
restrictions’  which  does  not  assist  in  identifying  where  the  real 
risks lie.  

-  Death  by  the  use  of  a  ligature  is  likely  to  occur  within  a  few 
minutes, whereas observations for a high-risk patient not assessed 

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 as  being  in  immediate  crisis,  will  generally  be  carried  out  four 
times  in  every  hour,  which  therefore  provides  only  a  limited 
degree  of  risk  reduction.  Consideration  should  be  given  as  to 
efficacy  of  such  a  policy  and  whether  this  can  be  improved  by 
recognising  that  some  items  of  clothing  will  be  more  obvious 
ligature risks and may need to be removed in all cases. 

Consideration  should  be  given  to  whether  any  steps  can  be  taken  to 
address the above concerns.  

6  ACTION SHOULD BE TAKEN 

In  my  opinion  action  should  be  taken  to  prevent  future  deaths  and  I 
believe that the people listed in paragraph one above have the power to 
take such action.  

7  YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of its date; I 
may extend that period on request. 

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

8  COPIES 

I have sent a copy of this report to the following: 

1.  See names in paragraph 1 above 
2. 

, 

3.  Cygnet Healthcare,

, DAC Beachcroft, 

4.  Surrey and Borders Partnership NHS Foundation Trust, 

5.  Care Quality Commission, 
6.  The Chief Coroner 

In addition to this report, I am 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  at  the  time  of  your  response,  about  the  release  or 

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 the publication of your response by the Chief Coroner.  

Signed: 

ANNA LOXTON  

DATED this 26th day of September 2022 

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5

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 NHS England 2 (PDF)
Ms Anna Loxton  
HM Assistant Coroner for Surrey 
HM Coroner’s Court 
Station Approach  
Woking  
GU22 7AP 

National Medical Director  
NHS England  
Wellington House 
133-155 Waterloo Road  
London 
SE1 8UG 

6 February 2023  

Dear Ms Loxton, 

Re: Regulation 28 Report to Prevent Future Deaths – Sandra Kirk who died on 
2 August 2021.  

I write in response to the email received from your colleague 
25 January 2023, regarding Ms Sandra Kirk.  

, dated 

As  per  my previous  correspondence  dated  12  January  2023,  I wish  to  reiterate  my 
condolences to Sandra’s family and loved ones. I appreciate this will have been an 
incredibly  difficult  time  for  them,  and  I  want  to  stress  that  NHS  England  takes  the 
concerns and issues raised in every PFD report very seriously. I therefore apologise 
that both yourself and Sandra’s family do not feel that NHS England’s initial response 
to your Report dated 26 September 2022 adequately addressed the specific concerns 
raised,  particularly  around  the  risk  of  ligatures  in  the  inpatient  mental  health  unit 
setting, and the guidance provided to staff in mitigating this risk (as per the Ligature 
Risk Reduction Policy and the Ligature Audit Tool / Risk Assessment). I also sincerely 
apologise that the previous response provided by NHS England has come across as 
a “very general response to reducing the risk of suicide”, rather than addressing your 
matters of concern. 

In your Report dated 26 September 2022, you raised concerns regarding the relevant 
Ligature Risk Reduction Policy which was in place, which does not give guidance on 
minimising potential ligatures themselves (only ligature anchor points) and does not 
emphasise  the  very  real  risk  that  specific  items  of  clothing,  such  as  belts  and 
shoelaces, can pose to vulnerable patients. Further, there is only a limited degree of 
risk reduction with observations taking place four times per hour for high-risk patients 
not  in  immediate  crisis,  as  death  by  ligature  can  occur  within  a  few  minutes.  You 
therefore  directed  that  the  efficacy  of  the  policy  should  be  considered,  including 
whether it can be improved.    

In respect of the specific concerns in your Report regarding Cygnet’s Ligature Risk 
Reduction Policy and Ligature Audit Tool / Risk Assessment, these are outside of NHS 
England’s remit and are more matters for Cygnet to action, which is why our previous 
response did not fully address the same. However, I can confirm that NHS England 

                                                                                                                       
 
 
 
 
 
 
    
 
 
 
 
 
 
  
 has had sight of the full Root Cause Analysis (RCA) report dated 4 January 2022 and 
we note that the main learning points which were identified included contemporaneous 
record keeping, named nurse practice and a review of general observation practice. 
Our regional team have liaised further with Cygnet, who have advised that they are 
providing ligature training as part of the induction process for all new staff, and they 
have a contraband list in place across all in-patient areas. They are also planning on 
enhancing their ligature risk reduction policy, which will include associated awareness 
training and identifying risk in their patients.   

Regarding the national guidance around risk assessments (relevant to your comments 
around observations and risk reduction), I would like to provide my assurance that this 
is  currently  being  reviewed  and  work  is  underway  to  assess  a  move  to  a  more 
personalised safety planning approach, in line with an evidence base. The concerns 
raised  in  PFD  reports,  including  your  Report  dated  26  September  2022,  are 
communicated to the national policy and programme teams to help inform their work 
around this.  

We hope to have further updates on the above, as well as the quality programme for 
Mental  Health,  Learning  Disabilities  and  Autism  (MHLDA)  inpatient  services 
referenced in my last letter, in due course. We are more than happy to provide you 
and/or  Sandra’s  family  with  another  update  once  these  developments  have  taken 
place, if this would assist? 

I would also like to provide further assurances that the Regulation 28 Working Group, 
who closely monitor and share learnings and commitments arising from or linked to 
PFD reports, will continue to do so in this case.  

I hope that the above sufficiently addresses your previous concerns, and I am very 
sorry  that  you  have  had  to  request  a  further  response  from  NHS  England  on  this 
occasion. 

Please do not hesitate to contact me should you need any further information.  

Yours sincerely, 

National Medical Director 
NHS England
Response from NHS England (PDF)
Ms Anna Loxton  
HM Assistant Coroner for Surrey 
HM Coroner’s Court 
Station Approach  
Woking  
GU22 7AP 

National Medical Director  
NHS England  
Wellington House 
133-155 Waterloo Road  
London 
SE1 8UG 

12 January 2023  

Dear Ms Loxton, 

Re: Regulation 28 Report to Prevent Future Deaths – Sandra Kirk who died on 
2 August 2021  

Thank  you  for  your  Report  to  Prevent  Future  Deaths  (hereafter  “Report”)  dated  26 
September 2022 concerning the death of Sandra Kirk on 2 August 2021. In advance 
of responding to the specific concerns raised in your Report, I would like to express 
my deep condolences to Sandra’s family and loved ones. NHS England are keen to 
assure the family and the Coroner that the concerns raised about Sandra’s care have 
been listened to and reflected upon. 

I am grateful for the further time granted to respond to your Report, and I apologise to 
the family for the delay, as I appreciate this will have been an incredibly difficult time 
for them. 

Following  the  inquest,  you  raised  concerns  in  your  Report  regarding  the  relevant 
Ligature Risk Reduction Policy which was in place, which does not give guidance on 
minimising potential ligatures themselves (only ligature anchor points) and does not 
emphasise  the  very  real  risk  that  specific  items  of  clothing,  such  as  belts  and 
shoelaces, can pose to vulnerable patients. Further, there is only a limited degree of 
risk reduction with observations taking place 4 times per hour for high-risk patients not 
in immediate crisis, as death by ligature can occur within a few minutes. You therefore 
directed that the efficacy of the policy should be considered, including whether it can 
be improved. 

Suicide Prevention 

• 

Integrated  care  systems  (ICSs)  are  partnerships  of  organisations  that  come 
together to plan and deliver joined up health and care services, and to improve 
the lives of people who live and work in their area. NHS England » What are 
integrated care systems?  As part of the £2.3 billion settlement for mental health 
in  the  NHS  Long  Term  Plan,  NHSE  are  providing  targeted  and  ring  fenced 
funding  to  ICSs  so  they  can  deliver  their  multi-agency  plans.  This  includes 
suicide prevention activities such as Zero Suicide Plans in inpatient services, 

                                                                                                                       
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
 initiatives  to prevent  self-harm  and  putting  in  place postvention  bereavement 
support.   

•  With  the  publication  of  the  Long  Term  Plan  (LTP),  we  committed  that,  from 
2019/20, every area of the country would receive funding for suicide prevention 
and  bereavement  services  by  2023/24,  from  the  total  pot  of  money  of  £57 
million  allocated  through  the  Long  Term  Plan.  Local  areas  are  required  to 
prioritise  groups  at  high  risk  of  suicide  in  their  multi-agency  plans,  including 
mental health inpatients. 

•  Key  components  will  include  supporting  services  with  safety  planning,  using 
resources such as The National Confidential Inquiry into Suicide and Safety in 
Mental  Health  (NCISH)  ‘Safer  services:  A  toolkit  for  specialist  mental  health 
services and primary care’ 

Quality Programme 

•  NHS  England  has  established  a  new  programme  to  support  the  sector  with 
tackling significant quality and safety concerns within Mental Health, Learning 
Disabilities and Autism (MHLDA) inpatient services.  

•  The  establishment  of  this  new  programme  has  been  co-produced  with  local 
systems, providers, regions and clinicians and people with lived experience. 
•  The programme will focus both on helping systems to transform their current 
service offer, so that only those models of inpatient care which can deliver safe, 
high  quality,  therapeutic  care  are  commissioned  with  community  alternatives 
stood up, and to ensure effective quality improvement support is in place for 
appropriate models of inpatient care. 
In the aftermath of recent incidents of patient safety and quality failures, NHS 
England  asked  every  MHLDA  provider  to  review  their  oversight  of  patient 
safety,  mitigation  for  closed  cultures,  safeguards  for  patients  and  patient 
advocacy  arrangements.  The  outcomes  of  their  reviews  have  been  made 
publicly  available  by  each  Trust  at  the  end  of  December  2022  in  their  Trust 
Board papers. 
In addition to this, NHS England is working to drive longer-term improvements 
in the following key areas: 

• 

• 

•  Providing support to those units across the NHS and independent sector 

in urgent need of support today. 

•  Expediting our work to redesign the model of care more in line with the 
latest evidence – including addressing risk factors which are more likely 
to lead to poor outcomes. 

•  Driving  cultural  change  and 

improvement 

through 

leadership 

development, inpatient workforce redesign and change programmes. 
•  Change the way we oversee the quality of MHLDA inpatient settings so 
that the metrics we collect are based upon the known risk factors.  

•  We  are  also  working  with  the  sector  to  agree  the  most  impactful  immediate 
actions they can take to improve lived experience oversight of quality and local 
quality improvement 

  
  
 I would also like to provide further assurances on the national NHSE work taking place 
around the Reports to Prevent Future Deaths. All reports received are discussed by 
the Regulation 28 Working Group, comprising Regional Medical Directors and other 
clinical and quality colleagues from across the regions. This ensures that key learnings 
and insights around events, such as the sad death of Sandra, are shared across the 
NHS at both a national and regional level, and helps us to pay close attention to any 
emerging trends that may require further review and action. 

Thank you for bringing these important patient safety issues to my attention and please 
do not hesitate to contact me should you need any further information. 

Yours sincerely, 

National Medical Director   
NHS England

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