Prevention of Future Deaths reports · 2023

Zachary Klement

Regulation 28 report to prevent future deaths, reference 2023-0029, written 26 Jan 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report26 Jan 2023
Reference2023-0029
DeceasedZachary Klement
CoronerAnna Loxton
Coroner areaSurrey
CategorySuicide (from 2015)
Organisation namedSurrey and Borders Partnership NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses published1

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 Zachary KLEMENT  
A Regulation 28 Report – Action to Prevent Future Deaths 
__________________________________________________________ 

THIS REPORT IS BEING SENT TO: 

• 

 Chief Executive Officer, 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  Zachary  KLEMENT  was  opened  on  18th 
March 2021.  Evidence was heard between 4th and 6th October 2022, and it 
was concluded on 2nd December 2022.  

I found the medical cause of death to be:  

     1a. Suspension 

I determined that Zachary took his own life by suspension during a crisis 
of deteriorating mental health and increasing suicidal ideation. I recorded 
a narrative conclusion, detailing the following:- 

On  2nd  March  2021,  Zachary  Klement  was  found  suspended  in  his 
bedroom at his supported living accommodation in Woking, Surrey, and 
was  pronounced  deceased  by  attending  paramedics  at  19:37.  He  had  a 
long  history  of  mental  health  issues  from  childhood  and  was  diagnosed 
with  Autistic  Spectrum  Disorder,  Emotionally  Unstable  Personality 

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 Disorder, general anxiety disorder and Bipolar Affective Disorder.  

On 26th January 2021, Zachary was admitted to Farnham Road Hospital 
as  an  informal  patient  following  an  escalation  in  his  self-harm  and 
suicidal  ideation.  He  was  discharged  back  to  his  supported  living 
accommodation  on  1st  February  2021,  initially  under  the  care  of  the 
Home  Treatment  Team  and  then  the  Community  Mental  Health 
Recovery Service. He continued to have fluctuating mood and episodes of 
self-harm,  and  he  sought  help  from  Safe  Haven  and  the  Psychiatric 
Liaison Service at St Peter’s Hospital on 4th, 22nd,  24th and 28th February.  

On the last occasion, 28th February 2021, he expressed concern he could 
not keep himself safe. He requested inpatient admittance and then agreed 
to  Home  Treatment  Team  care  before  changing  his  mind.  On  this 
occasion  his  immediate  risk  was  assessed  as  low  and  he  was  discharged 
back  to  the  Community  Mental  Health  Team.  This  was  a  missed 
opportunity to contain and manage his risk whilst exploring his needs.  

The lack of availability of psychological therapies and resources tailored to 
the  needs  of  patients  with  Autistic  Spectrum  Disorder  which  could  be 
offered  to  Zachary  by  Surrey  &  Borders  Partnership  NHS  Foundation 
Trust also represented a missed opportunity to provide therapeutic care.  

On the afternoon of 2nd March, Zachary sent a text message to his Care 
Coordinator  stating  that  he  wanted  to  discharge  himself  from  mental 
health  services  as  he  felt  they  were  not  helping  him.  A  support  worker 
found him suspended in his bedroom at around 18.45. Suicide. 

4  CIRCUMSTANCES OF THE DEATH 

Zachary was found suspended in the bedroom of his supported accommodation 
on 2nd March 2021, and was pronounced deceased by attending paramedics.  

5  CORONER’S CONCERNS 

The MATTERS OF CONCERN are: 

-  Zachary  had  a  history  of  mental  illness  from  childhood.  His 
diagnosed  conditions  of  Autistic  Spectrum  Disorder  (ASD)  and 

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 Emotionally  Unstable  Personality  Disorder  required  care  tailored 
to  his  neurodiverse  needs.  Concern  was  expressed  by  two 
Consultant  Psychiatrists  who  cared  for  him in  life,  and  the  Court 
appointed  Expert  Consultant  Psychiatrist,  regarding  the  lack  of 
consideration  for  those  with  neurodiverse  conditions  in  the  care 
options  available,  and  the  lack  of  availability  of  appropriate 
therapies; 
Inpatient  mental  health  units  adversely  affect 
those  with 
neurodiverse  conditions  since  they  require  calm  and  structure. 
to  patients  with 
There  are  no 
neurodiverse conditions presenting in acute crisis; 

inpatient  options 

tailored 

- 

-  Home  Treatment  Teams  do  not  offer  continuity  of  staff  or  set 
appointment times, as they are a crisis team allocated according to 
demand. This stability is required by those suffering from ASD; 
-  There is a lack of availability of psychological interventions, being 
the  main  treatment  for  neurodiverse  conditions,  including  art 
therapy,  Dialectical  Behaviour  Therapy  (DBT)  and  Systems 
Training  for  Emotional  Predictability  and  Problem  Solving 
(STEPPS) (Zachary was placed on a waiting list) 

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.  Surrey and Borders Partnership NHS Foundation Trust,  

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 4.  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 
the publication of your response by the Chief Coroner.  

Signed: 

ANNA LOXTON  

DATED this 26th day of January 2023 

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

Dear Ms Loxton, 

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

04 April 2023  

Re: Regulation 28 Report to Prevent Future Deaths – Mr Zachary Klement who 
died on 02 March 2021 

Thank  you  for  your  Report  to  Prevent  Future  Deaths  (hereafter  “Report”)  dated  26 
January  2023  concerning  the  death  of  Mr  Zachary  Klement  on  02  March  2021.  In 
advance of responding to the specific concerns raised in your Report, I would like to 
express my deep condolences to Zachary’s family and loved ones. NHS England is 
keen to assure the family and the coroner that the concerns raised about Zachary’s 
care have been listened to and reflected upon. 

We  are  aware  across  both  the  mental  health  and  learning  disability  and  autism 
programmes  that  autistic  people  can  have  mental  health  conditions.  Part  of  our 
ongoing  work  is  to ensure a  greater understanding of  the  impact  of  autism  on,  and 
better diagnosis for, both autism and the mental health conditions that autistic people 
may  have.   We  are  working  with  the  Royal  College  of  Psychiatrists,  and  others,  to 
support  best  practice  in  diagnosis  and  treatment  for  mental  health  conditions  for 
people who are autistic. 

The Health and Care Act 2022 made it mandatory for all staff in regulated services to 
complete the Oliver McGowan mandatory Training to raise awareness of autism and 
learning disabilities and to better equip staff to support people who are autistic.   

It is a requirement of the Equality Act 2010 that public services make reasonable 
adjustments for people who have a disability, and this includes people who are 
autistic.  These reasonable adjustments should be across inpatient, community 
services and talking therapies for mental health services.  Services need to ensure 
that they are not discriminating against people because of their autism and should be 
providing suitably adapted services. 

Person centred services should always be delivered based on the individual’s needs 
– autism does not present in the same way for every person and so services need to 
meet everyone’s needs as they present. 

We would always expect that people are offered the least restrictive and least 
harmful option in terms of care, which may or may not be an inpatient stay.  If an 

                                                                                                                       
 
 
 
 
 
  
 
 
 
 
 
 
  
  
  
  
 
   
 inpatient stay is agreed to be the right option for an individual at any given time, then 
reasonable adjustments should be made for that individual.  However, all options 
should be considered before an inpatient stay is decided upon.  All inpatient units 
should be places that meet the patients’ needs. The sensory-friendly resource pack, 
which includes the Green Light Toolkit and the sensory guide, supports Trusts to 
ensure that they meet the needs of people who are autistic. More broadly, we know 
that the quality of the support provided to people with mental health problems, 
including people with a learning disability and autistic people in inpatient settings, 
can vary. In response to this, a new Mental Health, Learning Disability and Autism 
Inpatient Quality Transformation Programme was established in 2022 to support 
cultural change and a new bold, reimagined model of care for the future across all 
NHS-funded mental health, learning disability and autism inpatient settings. More 
information about this new programme of work is available here. 

An overarching aim of the Long-Term Plan for Mental Health is to deliver 
increasingly responsive services, to remove thresholds for access to care and to 
embed a “no wrong door” mentality across mental health services. The funded 
expansion and transformation of services through the Long-Term Plan should 
support this important shift in clinical practice and it should no longer be the case 
that an assessment of risk leads to a door being closed to a patient. There is clear 
evidence that risk assessment tools are not an effective basis on which to predict 
future suicidal behaviour and incidents of self-harm, and should therefore, not be 
used as a basis for deciding whether to make care and treatment available for an 
individual. Following the recently updated NICE guidelines for Self-harm: 
assessment, management and preventing recurrence, NHS England wrote to all 
Mental Health Providers in England emphasising that clinicians should not use risk 
assessment tools, scales, or stratification approaches to predict future suicide or to 
determine who should be offered treatment, or who should be discharged. To 
support services to adhere to NICE guidance and to enable a definitive change in 
clinical practice and culture, NHS England is working with NICE, the Department of 
Health and Social Care (DHSC) and experts in suicide and self-harm prevention to 
further develop evidence-based best practice in safety planning and the 
management of needs and risks. This work is being co-produced with experts by 
experience, local clinical leaders and in line with evidenced based practice. 

Through the Long Term Plan, there has also been significant investment in Crisis 
Resolution and Home Treatment teams, the majority of which are now open-access 
and operating 24/7 in line with national expectations. While access and capacity has 
improved significantly since 2017, we know variation in experience and outcomes 
still exists, and in light of this the recently published Urgent and Emergency Care 
Recovery Plan sets out that NHS England will support systems to build on the 
expansion of Home Treatment teams for people with acute mental health needs, with 
a clear focus on the quality of provision going forward. 

Adapted therapeutic approaches can meet the needs of people who are autistic and 
are suitable to support recovery.  The national expectation is that people will access 
therapies within a few weeks and that for people who are autistic these will be 
reasonably adjusted using the above resources as guides. 
We have also been assured that Surry and Borders Partnership NHS Foundation 
Trust have taken time to assess training needs for staff and have undertaken a Trust 

  
  
  
 exercise in providing staff with autism training. All staff since June 2022 have 
undertaken autism spectrum disorder (ASD) awareness training.  

I would also like to provide further assurances on national NHS England work that is 
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 preventable deaths are shared 
across the NHS at both a national and regional level and helps us 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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