Prevention of Future Deaths reports · 2022

Derek Shaw

Regulation 28 report to prevent future deaths, reference 2022-0370, written 11 Nov 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report11 Nov 2022
Reference2022-0370
DeceasedDerek Shaw
CoronerCatherine Wood
Coroner areaMid Kent and Medway
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.

REPORT TO PREVENT FUTURE DEATHS  

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  The Secretary of State for Health and Social Care 
2.  The Department of Health and Social Care 

1 

CORONER 

I am Catherine Wood, assistant coroner, for the coroner area of Suffolk. 

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 the 25th May 2022 an inquest was opened into the death of Derek Shaw. At the 
inquest hearing on 11th November 2022 I concluded with a narrative conclusion “He 
died as a consequence of a soft tissue haemorrhage into his anterior abdominal 
wall following a fall, contributed to be a delay in an ambulance being available to 
attend to him.” 

4 

CIRCUMSTANCES OF THE DEATH 

(1)  Derek Shaw fell at home on the 21st December and the following morning became 

unwell. He called an ambulance at 12.52 and the ambulance call was classified as a 
category 3 call meaning the target time to reach him was 120 minutes.  

(2)  Capacity meant that no ambulance could be dispatched and whilst one was initially 

dispatched at 15.46 this ambulance was diverted to a higher priority call. He 
deteriorated and the ambulance service were contacted again and the category of 
his call upgraded at 16.46 when he was still conscious. 

(3)  By the time the ambulance crew arrived at 17.12, he had suffered a cardiac arrest 

and attempts at resuscitation were unsuccessful. 

(4)  A post mortem examination revealed that he had died as a consequence of a soft 
tissue haemorrhage into his anterior abdominal wall as a consequence of the fall. 
The Pathologist gave evidence that this was an unusual cause of death and earlier 
intervention would have meant it likely Mr. Shaw would have survived. 

(5)  The East of England Ambulance Service indicated that they did not consider that 
locally there were any further steps could be taken by them to Prevent Future 
Deaths as they had already put steps in place in so far as they were able. 

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)  Evidence given at the inquest revealed that there was a delay in an ambulance 
attending to the deceased and that earlier arrival of an ambulance is likely to 
mean he would not have died when he did. 

(2)  The East of England Ambulance Service indicated that they did not consider 

that locally there were any further steps they could take and gave evidence this 
was a more complex problem involving local NHS Trusts and their capacity not 
just the ambulance service themselves.  

6 

ACTION SHOULD BE TAKEN 

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 6th January 2023.  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 namely the family, East of England Ambulance Service and the Association of 
Ambulance Chief Executives. 

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 

11 November 2022                                                   

Catherine Wood 
Assistant Coroner  
Suffolk

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 

Catherine Wood 
Coroner’s Court and Offices 
Beacon House 
Whitehouse Road 
Ipswich IP1 5PB 

11 April 2024 

Dear Mrs Wood,  

Thank you for your Regulation 28 report to prevent future deaths dated 11 November 
2022 about the death of Derek Shaw. I am replying as the 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 deeply  sorry  I  was  to  read  the  circumstances  of  Mr 
Shaw’s death and I offer my sincere condolences to his family. I am grateful to you for 
bringing these matters to my attention.  

The report raises concerns about ambulance capacity and response times by East of 
England  Ambulance  Service  NHS  Trust  (EEAST).  In  preparing  this  response, 
Departmental officials have made enquiries with NHS England and the Care Quality 
Commission  (CQC). I  have  been  informed  that  the  CQC  carried  out  routine 
engagement with the Trust to review progress against its action plan and to ensure 
they comply with CQC regulations. More generally, I have been assured that the CQC 
will continue to have regular meetings with the NHS trusts locally to monitor risks and 
follow up on Prevention of Future Death reports. 

As the Minister responsible for urgent and emergency case services, I recognise the 
significant pressure the urgent and emergency care system is facing. That is why we 
published our ‘Delivery plan for recovering urgent and emergency care services’ which 
aims to deliver sustained improvements in 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  by  March  2025  and  to  reduce  Category  2 
ambulance response times to 30 minutes across this fiscal year. The plan is available 
at  https://www.england.nhs.uk/wp-content/uploads/2023/01/B2034-delivery-plan-for-
recovering-urgent-and-emergency-care-services.pdf 

1 

 
 
 
  
 
 
 
 
  
 
 
 
 
 
 
 
 Your report highlights that EEAST were under high demand at the time of the incident. 
A primary aim of our delivery 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%. 
EEAST average Category 2 response times were over 23 minutes faster compared 
to the same time period last year, a 32% reduction.  

However, I recognise there is still more to do to reduce response times down further 
and back towards pre-pandemic levels – and this is the action we will continue to be 
taking  as  part  of  the  government’s  commitment  to  improving  NHS  services  and 
reducing waiting times.  

Thank you once again for bringing these concerns to my attention.  

Yours,  

HELEN WHATELY

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