Prevention of Future Deaths reports · 2023

Lugh Baker

Regulation 28 report to prevent future deaths, reference 2023-0090, written 13 Mar 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report13 Mar 2023
Reference2023-0090
DeceasedLugh Baker
CoronerAndrew Cox
Coroner areaCornwall and the Isles of Scilly
CategoryCare Home 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.

Information Classification: CONTROLLED 

NOTE: This form is to be used after an inquest. 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1. The Registered Manager, Bowden Derra Park Ltd, Launceston

1 

CORONER 

I am Andrew Cox, the Senior Coroner for the coroner area of Cornwall and the Isles of 
Scilly. 

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 13/3/23, I concluded an inquest into the death of Lugh Baker 
 . 
The medical cause of death was recorded as: 
1a) Unascertained 
1b) 
1c) 
II) 

I recorded an Open Conclusion. 

4 

CIRCUMSTANCES OF THE DEATH 

Lugh was a 24-year-old man with a diagnosis of Angelman’s syndrome. He 
suffered with epileptic seizures for which he was prescribed medication, and he 
had difficulty swallowing. At the time of his death, he was a resident at 
Rosewood House in Launceston which provided supported living for individuals 
with physical and/or mental disadvantages.  

On 21/4/21, he was given prescribed medication with a chocolate milkshake at 
about 20:00. He was checked upon subsequently before being found 
unresponsive at about 23:30. CPR was initiated during the course of which an 
unsealed, partly-consumed chocolate bar was seen under or near his bed. 

 Lugh had a care plan that mandated he should not eat unsupervised and 
should eat sitting up. It is not known how the chocolate bar came to be found 
where it was. It is further not known if Lugh had been eating it immediately prior 
to his death.  

Lugh could not be resuscitated. A post-mortem examination did not reveal 
evidence of airway obstruction. The evidence did not further or fully explain the 
means whereby the cause of death arose. 

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. 

1 

 Information Classification: CONTROLLED 

The MATTERS OF CONCERN are as follows.  –  

i) 

I heard evidence at inquest that all residents were constantly monitored yet I 

found as fact that there were times when this did not happen for Lugh. I was 
informed that a new system has been put in place requiring staff to sign a 
form indicating the periods in time when they were responsible for 
monitoring residents. I asked for evidence to demonstrate this (a completed 
form) and for confirmation that, where there were any gaps in monitoring, 
these were explained on the form. 

ii)  Concern was raised that Care Plans for new residents were not reviewed 
sufficiently promptly. I asked to see a policy document setting out the 
expectation for healthcare professionals for how long it should take for a 
new resident’s Care Plan to be reviewed after admission. 

iii)  Concern was also raised about what steps will be taken, and when, where a 
new resident with an unusual presentation is admitted. In this case, Lugh 
had a diagnosis of Angelman’s syndrome with which staff were unfamiliar. 
Again, I asked to see a policy document setting out what training or other 
steps will now be taken in such circumstances and by when.  

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 10 May 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:  

-  Family of Lugh Baker 

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 

[DATE]     13.3.23                                         [SIGNED BY CORONER] 

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 Bowden Derra Park Ltd (PDF)
DWF Law LLP 
Redcliff Quay  120 Redcliff Street  Bristol  BS1 6HU DX 7841 Bristol 
T +44 (0)333 320 2220  F +44 (0)333 320 4440  dwfgroup.com 

Mr Cox, HM Senior Coroner 
Coroner for Cornwall and the Isles of Scilly 
HM Coroner's Office 
Pydar House 
Pydar Street 
Truro 
Cornwall 
TR1 1XU 

Date: 

9 May 2023 

Dear Sir 

Inquest: 
Lugh Baker (Deceased) 
Our Client:  Bowden Derra Park Ltd 
Matter: 

Regulation 28, Report to Prevent Future Deaths 

We are writing further to the Report to Prevent Future Deaths, received on 14 March 2023. We write 
on behalf of our client to provide the documentation requested by you in that report. 

Section 5 of the Report to Prevent Future Deaths states as follows: 

The MATTERS OF CONCERN are as follows. – 

i. 

ii. 

iii. 

I  heard  evidence  at  inquest  that  all  residents  were  constantly  monitored  yet  I  found  as  fact  that 
there were times when this did not happen for Lugh. I was informed that a new system has been 
put  in  place  requiring  staff  to  sign  a  form  indicating  the  periods  in  time  when  they  were 
responsible for monitoring residents. I asked for evidence to demonstrate this (a completed form) 
and for confirmation that, where there were any gaps in monitoring, these were explained on the 
form. 

Concern was raised that Care Plans for new residents were not reviewed sufficiently  promptly. I 
asked to see a policy  document setting  out  the expectation  for healthcare professionals  for how 
long it should take for a new resident’s Care Plan to be reviewed after admission. 

Concern was also raised about what steps will be taken, and when, where a new resident with an 
unusual  presentation  is  admitted.  In  this  case,  Lugh  had  a  diagnosis  of  Angelman’s  syndrome 
with which staff were unfamiliar. Again, I asked to see a policy document setting out what training 
or other steps will now be taken in such circumstances and by when. 

In response to the above, we enclose the following: 

1.  Nocturnal CCTV Monitoring Chart 

This  is  a  completed  Nocturnal  CCTV  Monitoring  Chart  dated  24  January  2023  until  28  January 
2023. 

DWF Law LLP is a limited liability partnership registered in England and Wales with registered number OC423384 
DWF Law LLP is authorised and regulated by the Solicitors Regulation Authority (SRA) as an Alternative Business Structure 
The rules of the SRA are available at www.sra.org.uk/handbook/ 
The term 'Partner' is used to refer to a Member of DWF Law LLP or an employee or consultant with equivalent standing and qual ifications 
A list of Members of DWF Law LLP and of Non-Members who are designated as Partners is open to inspection at its registered office located at 
1 Scott Place, 2 Hardman Street, Manchester, M3 3AA 
DWF Law LLP is listed on the Financial Services Register as an Exempt  Professional Firm, able to carry out certain insurance mediation activities 
(regulated by the Solicitors Regulation Authority) 

 
 
 
  
 
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
    
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 2.  Updated Nocturnal CCTV Monitoring Chart 

The  Nocturnal  CCTV  Monitoring  Chart  has  been  updated  since  the  Inquest  and  now  includes  a 
'comments'  box  and  instructions  to  detail  any  gaps  in  monitoring  in  this  box.  Gaps  in  monitoring 
should only happen in exceptional circumstances, such as an emergency. 

3.  Care Plan Policy 

The  Care  Plan  Policy  has  been  updated  since  the  Inquest.  For  ease  of  reference,  the  updated 
sections are highlighted. The care staff have access to all policies and procedures on an application 
called BrightHR. All care staff receive training on this application and this specific policy during their 
two  week  induction  programme.  When  any  policy  or  procedure  is  updated,  the  care  staff  are 
notified  automatically via  the  application.  Once  notified, all  care  staff  must  acknowledge  receipt of 
the  notification  and  open  the  document  to  confirm  that  they  have  read  it.  The  BrightHR  system 
tracks this and alerts management of any non-compliance. 

4.  Training Policy 

As  above,  The  Training  Policy  has  been  updated  since  the  Inquest.  For  ease  of  reference,  the 
updated sections are  highlighted. The care staff have  access to all policies and procedures on an 
application called BrightHR. All care staff receive training on this application and this specific policy 
during  their  two  week  induction  programme.  When  any  policy  or  procedure  is  updated,  the  care 
staff  are  notified  automatically  via  the  application.  Once  notified,  all  care  staff  must  acknowledge 
receipt of the notification and open the document to confirm that they have read  it.  The BrightHR 
system tracks this and alerts management of any non-compliance. 

This response contains reference to and copies of internal documents, which were requested in the 
Report  to  Prevent  Future  Deaths.  It  is  respectfully  submitted  that  for  this  reason  it  would  be 
inappropriate to publish the response and/or enclosures. 

Please do not hesitate to contact us should you require anything further from our client. 

Yours faithfully 

DWF Law LLP 

2

Related reports

Other reports by Andrew Cox

See all →

More reports categorised “Care Home Health related deaths”

See all →

Track Care Home Health related deaths

See every Prevention of Future Deaths report matching Care Home Health related deaths, and how often a new one appears.

What would an alert for this have sent me? Search the full text

Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.

These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.