Prevention of Future Deaths reports · 2023
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 report | 13 Mar 2023 |
|---|---|
| Reference | 2023-0090 |
| Deceased | Lugh Baker |
| Coroner | Andrew Cox |
| Coroner area | Cornwall and the Isles of Scilly |
| Category | Care Home Health related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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
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.
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
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