Prevention of Future Deaths reports · 2023
Regulation 28 report to prevent future deaths, reference 2023-0280, written 1 Aug 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 1 Aug 2023 |
|---|---|
| Reference | 2023-0280 |
| Deceased | Edward Rhodes |
| Coroner | Richard Middleton |
| Coroner area | Dorset |
| Category | Alcohol, drug and medication 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.
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1) 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 Practice Manager, The Beaufort Road Surgery 1 CORONER I am Richard T Middleton, Assistant Coroner, for the Coroner Area of Dorset 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 23rd November 2022, an investigation was commenced into the death of Edward England Rhodes, born on the 9th July 1989. The investigation concluded at the end of the Inquest on the 27th July 2023. The Medical Cause of Death was: 1a Methadone Toxicity The conclusion of the Inquest recorded. Drug Related Death 4 CIRCUMSTANCES OF THE DEATH Mr Rhodes had a long history of alcohol misuse. He had been admitted to hospital numerous times for alcohol related issues. He lived in supported housing where he was tested regularly for substance misuse. In June 2022 he chose to abstain from alcohol and sought the help and support of agencies to prevent relapse. On 14/7/22 he stated he was over 1 month sober; on 18/8/22 he was 76 days sober; on 2/9/22 he stated he was 90 days sober; and by 16/11/22 he had been abstinent for 4-5 months. At the beginning of November 2022, he relapsed. On 17/11/22 he was found on his partner’s bedroom floor in an unresponsive state and was pronounced dead at the scene. Toxicology revealed the presence of methadone, which was at a level consistent with severe, possibly fatal toxicity for an individual who is naïve to or occasional user of methadone. Mr Rhodes was not on a methadone prescription at the time of his death. 1 5 CORONER’S CONCERNS The MATTERS OF CONCERN are as follows: 1. During the inquest evidence was heard that: i. Mr Rhodes wanted to address the underlying causes for his addiction. He wished to be referred to the Mental Health Team for an assessment. He was told by medical professionals that he needed to be 90 days sober. ii. Mr Rhodes saw his GP and it was confirmed during evidence that a referral would be made by the GP after a period of 90 days abstinence. iii. Mr Rhodes’ GP explained that in order to make a referral Mr Rhodes had to make a specific appointment to discuss the Mental Health referral. The GP said that Mr Rhodes was aware of this. iv. Mr Rhodes saw his GP on 14/10/22 (at that time he had been sober in excess of 90 days) for a medical condition. On that occasion there was no discussion about the Mental Health referral. v. Mr Rhodes’ family (who were close to him and had discussions with him) gave evidence to say that his understanding was that following the 90 day period of sobriety there would be an automatic referral by his GP to the Mental Health Services. vi. The report from the addiction support agency details entries whereby during discussion with his Recovery Worker Mr Rhodes provides a detailed chronology of his period of abstinence and the fact he was waiting to hear from the Mental Health Services for an assessment appointment. vii. Mr Rhodes’ partner gave evidence that at the time he started to relapse he was still waiting for a date from the Mental Health Services and that he was expressing disillusionment with the Mental Health Services. 2. I have concerns with regard to the following: i. There appears to be an apparent breakdown in communication or a misunderstanding between GP and patient as to what steps needed to be taken and by whom in order for there to a Mental Health referral. 2 ii. iii. iv. Reliance appears to have been placed on verbal discussions during consultation and in circumstances where the patent is an addict. There does not appear to be a system where there would be an automatic referral by the GP to the Mental Health team after a 90 day period of sobriety unless the patient “opted out” or where following an automatic referral it is left to the Mental Health team to seek the co operation of the patient. There does not appear to be a letter sent by the surgery confirming the respective responsibilities of the doctor and patient. 6 ACTION SHOULD BE TAKEN In my opinion urgent 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, Tuesday 26th September 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: (1) (2) 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 Dated Signed 1/08/23 Richard T Middleton 3
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.
IN THE CORONER'S COURT FOR THE AREA OF DORSET
BEFORE ASSISTANT CORONER MIDDLETON
THE INQUEST TOUCHING THE DEATH OF EDWARD ENGLAND RHODES
RESPONSE TO REGULATION 28 - BEAUFORT ROAD SURGERY
1. H.M. Assistant Coroner Middleton for the Coroner Area of Dorset has made a Regulation 28 Report -
Action to prevent deaths dated 1 August 2023 ("the Regulation 28 Report") concerning the death of
Edward England Rhodes ("the Deceased"). This arises from the Inquest of 27 July 2023 ("the
Inquest").
2. The Regulation 28 Report is addressed to the Practice Manager at the Beaufort Road Surgery, 21
Beaufort Road, Southboume, Bournemouth, Dorset, BH6 SAJ ("the Practice"), which is a general
medical practice. This is the response of the Partners in the Practice to the Regulation 28 Report in
accordance with Regulation 29 of the Coroners (Investigations) Regulations 2013 ("the Response").
BACKGROUND
3.
, is a GP Partner in the Practice.
4. H.M. Coroner for Dorset's office requested, in a letter addressed to the Practice dated 7 February
2023, "a signed statement into the medical history of the deceased and advise of any treatment or
medication you prescribed within the six months preceding his death."
provided H.M.
Coroner with a statement addressing the matters in accordance with this request, dated 7 March 2023.
5. Neither the Practice nor
, were afforded Interested Person ("IP") status for the Inquest. The
Practice and
were not therefore legally represented at the Inquest and were not provided
with disclosure of the Inquest Bundle.
0
6.
gave evidence (virtually) at the Inquest on 27 July 2023. He was the first witness to give
evidence and was discharged once his evidence had concluded. He did not hear any of the subsequent
evidence and played no further part in the Inquest. There were no other attendees from/for the
Practice.
PRACTICE RESPONSE TO REGULATION 28 REPORT
7. The numbering in the Regulation 28 Report is adopted. H.M. Assistant Coroner Middleton's
comments/concerns are set out in italics, with the Practice's Response below:
"The MATTERS OF CONCERN are as follows
1. During the inquest evidence was heard that:
i.
Mr Rhodes wanted to address the underlying causes for his addiction. He wished to be
referred to the Mental Health Team for an assessment. He was told by medical
professionals that he needed to be 90 days sober.
In respect of the first sentence the Deceased had a long-standing history of addiction. He
had been a patient at the Practice from 6 February 2020, until his death. He first
expressed a desire to his hepatologist (liver specialist), Dr Clare Harris, for referral to the
Community Mental Health Team ("CMHT") on 16 August 2022 (having never
previously expressed such a wish to the Practice).
For the sake of clarity, the GPs at the Practice were not the medical professionals who
first told the Deceased the information contained in the second sentence. This came from
(an)other medical professional(s).
Of note, the Deceased saw his hepatologist (liver specialist),
, on 16 August
2022. Following which the Practice received a letter from
dated 18 August
2022 and which states (our emphasis):
"[the Deceased] is concerned that he may have an underlying mental health disorder that
contributes to his relapses and is very keen to be seen by CMHT. However, he is aware
that he needs to be completely abstinent of alcohol and recreational drugs for a
period of 90 days before this referral can be made."
' letter is also marked as copied to the Deceased.
ii.
Mr Rhodes saw his GP and it was confirmed during evidence that a referral would be
made by the GP after a period of90 days abstinence.
left after giving his evidence and neither he nor the Practice were represented
at the Inquest to hear what others may have said in their evidence.
does not
recall giving evidence to the effect that "a referral would be made by the GP after a
period of 90 days abstinence" and nor does his Statement state this.
Following his consultation with his hepatologist on 16 August 2022, the relevant
chronology is:
2
• The Deceased next contacted the Practice online on 22 August 2022, by e-
Consult requesting an extended sick note until 31 October 2022. The Deceased
stated (our emphasis):
" .. . I'll be 90 days clean come 02/09/22 and I'll arrange an appointment at that
time to get a CMHT referral."
• Thee-Consult was triaged and a new eMED3 (sick note) issued by
on
23 August 2022.
• The Deceased attended a face to face consultation with
on 14
September 2022 with an unrelated complaint. That was an urgent, same day
appointment for tonsillitis.
confirmed in his evidence that the
Deceased did not mention nor request anything about his mental health at this
consultation, he did not discuss the CMHT referral or "requirement" for 90 days
abstinence during this consultation.
gave evidence that the Deceased
was acutely unwell from tonsilitis. The attendance was entirely unrelated and
addressed only the Deceased's acute presentation with tonsillitis.
• The Deceased's next and final contact with the Practice was on 28 October 2022,
again by e-Consult, seeking a sick note extension until 24 December 2022. The
e-Consult was triaged and a new eMED3 (sick note) issued by
the
same day.
The Practice were aware from
' letter and the Deceased's e-Consult message of
22 August 2022 that he was trying to achieve 90 days' abstinence. As his eConsult
message of that date (set out above) clearly states, the Deceased also knew he needed to
initiate the contact with the Practice for a consultation for a mental health review, in
order to receive a CMHT referral if appropriate, and he planned to do this.
iii.
Mr Rhodes' GP explained that in order to make a referral Mr Rhodes had to make a
specific appointment to discuss the Mental Health referral. The GP said that Mr Rhodes
was aware ofthis.
This is correct. The response at ii above is reiterated.
iv.
Mr Rhodes saw his GP on 14/10/22 (at that time he had been sober in excess of90 days)
for a medical condition. On that occasion there was no discussion about the Mental
Health referral.
This is correct. As explained in the Response at ii above, the appointment was in respect
of an unrelated, urgent presentation with tonsilitis. There was no discussion of his
sobriety or CMHT referral.
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v.
Mr Rhodes 'family (who were close to him and had discussions with him) gave evidence
to say that his understanding was that following the 90 day period of sobriety there
would be an automatic referral by his GP to the Mental Health Services.
This reflects the family's evidence of their understanding of the Deceased's belief.
Response ii above is reiterated.
vi.
The report from the addiction support agency details entries whereby during discussion
with his Recovery Worker Mr Rhodes provides a detailed chronology of his period of
abstinence and the fact he was waiting to hear from the Mental Health Services for an
assessment appointment.
This reflects the evidence heard.
vii.
Mr Rhodes' partner gave evidence that at the time he started to relapse he was still
waiting for a date from the Mental Health Services and that he was expressing
disillusionment with the Mental Health Services.
This reflects the evidence heard.
2.
I have concerns with regard to the following:
i.
There appears to be an apparent breakdown in communication or a misunderstanding
between GP and patient as to what steps needed to be taken and by whom in order for
there to a Mental Health referral.
The Practice do not accept that there was either a breakdown in communication nor
miscommunication between the Practice/GPs and the Deceased.
The discussion concerning the CMHT referral was between the Deceased and his
hepatologist, not the GPs. The hepatologist's letter to the Practice (18 August 2022) is
marked as copied to
the Deceased so he would/should have had the written
communication, see response to 1. ii above for details.
It is evident from the Deceased's e-Consult email to the Practice on 22 August 2022, that
the Deceased was aware that he himself needed to make an appointment with the
Practice to discuss his mental health in order to get a CMHT referral. As the Deceased
clearly stated:
"I'll be 90 days clean come 02/09/22 and I'll arrange an appointment at that time to get
a CMHT referral." (our emphasis).
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ii.
Reliance appears to have been placed on verbal discussions during consultation and in
circumstances where the patient is an addict.
The "discussion" was between the Deceased and his liver specialist and was followed up
in writing, by letter dated 18 August 2022 marked as copied to the Deceased. See
Response at 2. i. above which is reiterated.
The Deceased had capacity.
At this time the Practice were already using AccuRx to provide written safety netting
information to patients. However, in this instance, the conversation was between the
hepatology consultant and the patient, with the Practice/GP never involved in the mental
health/CMHT discussion.
The Practice will continue to use AccuRx to provide written safety netting information to
patients.
The Practice Partners have discussed collectively their position is not to routinely send
letters to remind patients to request a referral.
iii.
There does not appear to be a system where there would be an automatic referral by the
GP to the Mental Health team after a 90 day period ofsobriety unless the patient "opted
out" or where following an automatic referral it is left to the Mental Health team to seek
the co operation ofthe patient.
A system of referring patients with addiction automatically to mental health services after
a specified period of abstinence without GP review/discussion/assessment would not be
appropriate or workable. There is always a risk of relapse at any point during the 90 day
period making review in advance of referral necessary. Further, a period of abstinence
may also have changed the patient's mental health condition, meaning a referral is no
longer necessary/appropriate.
If the Deceased had been referred to CMHT at that time (following a GP review) and as
he was not psychotic/higher risk, then any such referral would have been made on a
routine (not urgent) basis. However, it is also the Practice's experience that many such
patients are signposted back to drug and alcohol services for counselling.
The Deceased was already under "We Are With You" and had access to counselling.
In the event an automatic system were to be implemented (which the Practice consider
inappropriate), mental health services would be inundated by referrals, where capacity is
already limited and lots of drugs and alcohol referrals are already being rejected in the
Practice's experience.
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iv.
There does not appear to be a letter sent by the surgery confirming the respective
responsibilities ofthe doctor and patient. "
The plan for CMHT review was discussed between the Deceased and his hepatologist
and (as marked on the letter) the Deceased would have received a copy of the letter sent
to the GP practice, following that consultation confirming the plan.
The Practice reiterates its responses to 1. i. and ii. and concerns 2. i. and ii. above.
STEPS TAKEN BY THE PRACTICE
8. On notification of the Deceased' s death and as part of their "death audit" ( concerning an unexpected
death), the Practice conducted a "death analysis"/SEA on 25 January 2023. This was prior to being
notified of the cause of death by the Coroner. This was led by Dr Rasool.
9. Following the Inquest, and receipt of the Regulation 28 Report, the Practice has also undertaken
further extensive steps:
9.1. The Partners have discussed the circumstances of the death, H.M. Assistant Coroner's concerns
and considered whether there needs to be any change to practise, at Partners' meetings on 7 and
21 August 2023.
9.2. The Practice have sought and obtained copies of the CMHT referral pathways from the
Integrated Service Manager for Bournemouth East CMHT, the "Pan Dorset Guidance/Process"
and "Integrated Community Mental Health Team Procedures" copies of which are attached.
These had not previously been provided to the Practice. These were requested on 9 August 2023
and obtained on 10 August 2023. The CMHT's referral criteria does not specify a requirement
for 90 days' abstinence.
9.3. Under the Pan Dorset Guidance/Process the Deceased fell into "Quadrant A":
•
Individuals within this quadrant would be experiencing significant mental health problems
and high drug and/or alcohol use (of any drug and/or alcohol).
•
Individuals should be typically receiving care from both statutory mental health services and
substance misuse services, where treatment such as opiate substitute prescribing, or alcohol
detox would be in place.
•
Joint responsibility for coordination would be required for this group with commitment to
joint assessment, care planning and treatment
•
If the individual only engages with either the substance misuse service OR the mental health
service then either service should request advice, guidance and support from the other as
necessary.
9.4. Liaised with the Care Quality Commission (CQC) in response to initial contact from them. The
CQC representative planned to raise with the Integrated Care Board ("ICB") Quality Lead.
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9.5. Raised the wider system approach with the ICB directly, namely the ICB Quality Lead and
Patient Safety Specialist for Dorset, having obtained details from contact with the CQC. Emailed
for guidance on addressing the wider system and attempted to clarify whether there is a "90 day
abstinence rule" for CMHT referrals.
9.6. Following discussion with the ICB communications lead on 3 August 2023, obtained a copy
mental health Z card on 17 August 2023, as attached (which the Practice do already have and
use but did not have opportunity to give to the Deceased in this case due to lack of mental health
contact)
9.7. Contacted and met with ICB Patient Safety Services on 30 August 2023. Established there is a
review underway of the service provision for patients with alcohol dependency but that is still at
the fact finding stage and the timeframe for completion is realistically not until the middle of
2024.
9.8. By way of follow up meeting on 25 September 2023
(Practice Manager) and
attended a meeting with
(Patient Safety at Dorchester
Hospital and University Hospitals Dorset)
(ICB Transformation Lead),
(Secondary Care Mental Health Service Lead),
(ICB Patient Safety
Lead) to discuss matters arising and referral criteria to CMHT. The pertinent discussion points of
relevance were:
9.8.1 Mental Health Integrated Community Services (MHIC) long term plan was released pre-
COVID. It lays out unmet needs for patients with mental health, addiction and wellbeing
concerns. A big part of the current plan is around regular multi-disciplinary ("MDT")
meetings between these services coordinated by new 'wellbeing coordinators' (to be
employed at PCN/Neighbourhood level). GPs will be invited to attend these meetings to
improve communication/patients bouncing around services with no-one
taking
ownership. It is specifically designed so patients can contact the wellbeing coordinators
themselves for help as and when needed, rather than GPs needing to refer each time.
Poole and Weymouth are currently running pilots for this model, but this is not likely to
be up and running locally until May 2024 at the earliest.
9.8.2 GP Practices do now have the addition of a CMHT link worker which everyone agreed
was a very valuable communication asset.
9.8.3 The 90 days' sobriety has never been a 'rule'/ referral criteria. It's likely a historic/
misunderstood 'old wives tale'. Discussed the length of the referral criteria document,
which it was agreed was unhelpful for clinicians. CMHT stated this was their policy
rather than one aimed for referring clinicians to use. All agreed it would be helpful to
have a shorter/punchier summary for clinicians to use going forwards. This will be a
matter for CMHT to prepare a revised version.
7
9.8.4
In the case of the Deceased, he was under 'We Are With You'. It was confirmed that
they could refer into CMHT if they thought it necessary. No data is available on how
many referrals 'We Are With You' make, but anecdotally, not many as they have their
own Psychiatric nurses.
9.8.5
Plan to prepare a shared learning summary jointly with ICB. ICB are already providing
mental health Z cards to acute services/ A&E departments. CMHT are in the process of
constructing an SBAR
(situation, background,
assessment,
recommendation)
communication tool for acute services detailing criteria for referral to CMHT.
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