Prevention of Future Deaths reports · 2023

Luca Yates

Regulation 28 report to prevent future deaths, reference 2023-0437, written 9 Nov 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report9 Nov 2023
Reference2023-0437
DeceasedLuca Yates
CoronerChris Morris
Coroner areaManchester South
CategoryChild Death (from 2015) · Hospital Death (Clinical Procedures and medical management) 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.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 
Child Health 

CORONER 

, President, Royal College of Paediatrics and 

I am Chris Morris, Area Coroner for Greater Manchester (South). 

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. 
http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 
http://www.legislation.gov.uk/uksi/2013/1629/part/7/made 

INVESTIGATION and INQUEST 

On 14th July 2022, an inquest was opened into the death of Luca Yates who died at Tameside General 
Hospital, Ashton-under-Lyne on 24th January 2022 aged 1 day. 

A post mortem examination determined Baby Luca died as a consequence of:-

1) a) Hypoxic ischaemic encephalopathy due to; 

1) b) Asphyxia around the time of birth. 

The investigation concluded with an inquest which I heard between 18th – 22nd September 2023 
following which I recorded a Narrative Conclusion as follows:-

‘Luca Yates died as a consequence of complications arising from asphyxia around the time of birth. 
When his mother was assessed the evening before Luca was born, it was not recognised that she was 
either in, or transitioning towards established labour.  This led to an absence of monitoring in 
hospital which contributed to death.  Luca’s death was also contributed to by a period of 14 minutes 
in the resuscitation phase where 100% oxygen was not utilised as required by protocol.  Luca Yates’s 
death was contributed to by neglect’. 

CIRCUMSTANCES OF THE DEATH 

Baby Luca was his parents’ first child.  After an uncomplicated pregnancy, his mother was booked for 
induction of labour at 41 weeks.  On 22nd January 2022 following symptoms suggestive of the onset 
of labour, Baby Luca’s mother contacted her local maternity unit on a number of occasions and was 
assessed in the unit twice, before being sent home. 

When Baby Luca’s mother re-presented the following day, it was recognised that she was in 
established labour, and it was considered birth may be imminent.  Following transfer to the delivery 
suite, the CTG was connected which detected a fetal-bradycardia.  Urgent assistance was summoned 
and the Obstetric Registrar on duty decided to deliver Luca by emergency caesarean section. 

 
 
 
 
 
 
   
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
   
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Following administration of general anaesthetic, Baby Luca was born at 16:19 on 23rd January 2022 
in very poor condition with repeated Apgar scores of 0. 

Attempts to resuscitate Luca proved difficult and it was not until 16:42 that the second paediatric 
registrar called to assist the multi-disciplinary team successfully passed an ET Tube.  A heart rate was 
finally detected when Luca was around 38 minutes’ of age.  Once stabilised, Baby Luca was 
transferred to the Neonatal Unit where he sadly died the following day. 

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. 

The MATTERS OF CONCERN are as follows. – 

The court heard evidence as to planned changes to paediatric specialist training which will result in a 
reduction in amount of time specialty trainees are required to spend gaining experience in Level 3 
Neonatal units. 

The following matters of concern arise from this:-

1) 

2) 

It is a matter of concern that paediatric middle grades may have reduced practical 
experience in resuscitation of neonates born in poor condition, that will increase the 
reliance on Consultants (who in some clinical settings may be non-resident on call depending 
when delivery takes place); and 
It is a matter of concern that Consultant general paediatricians of the future will have a 
lower level of experience than is currently the case of complex neonatal resuscitation. 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you and your 
organisation have the power to take such action. 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this report, namely by 
4th January 2024.  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 

COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner and to Linda Reynolds of Hugh James Solicitors 
on behalf of the family.  I have also sent a copy to Weightmans LLP on behalf of Tameside and 
Glossop Integrated Care NHS Foundation Trust 

I have sent a copy of my report to the Healthcare Safety Investigation Branch, and the Care Quality 
Commission, who may find it useful or of interest. 

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. 

Dated: 

9th November 2023 

Signature:  Chris Morris HM Area Coroner, Manchester South.

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 Royal College of Paediatrics and Child Health (PDF)
Christopher Morris 
HM Area Coroner 
Manchester South 

Dear Mr Morris 

Re: RCPCH Response to the Inquest Touching the Death of Luca Yates 
A Regulation 28 Report – Action to Prevent Future Deaths 

Thank you for sharing your Report with us regarding the tragic and untimely passing of Luca 
Yates. We were saddened to read the circumstances surrounding Luca’s death and have 
discussed with senior colleagues within the RCPCH.  

Whilst we cannot comment on the specific details around Luca’s passing, we have read your 
report carefully and would like to offer a response to both of your concerns, and other areas 
where the Royal College of Paediatrics and Child Health will bear most impact.  

The paediatric curriculum  

The Progress+ curriculum has been developed in the context of 'excellence by design' and is 
a high level, outcomes-based curriculum. The outcomes are developed to describe key 
capabilities to deliver safe care at the end of ST4 (for core training) and at CCT (for specialty 
level training) in the context of rota design, service configuration and expected levels of team 
and consultant support. 

I note the concern raised by yourself regarding changes to the paediatric curriculum 
following introduction of Progress+ and that these might lead to less experience of managing 
neonates born in poor condition and requiring resuscitation. 

There are three issues which might have caused concern:  

1.  The removal of specific mandated blocks of training during core training. 
2.  The wording and expectation of key capabilities and in particular the change in 

airway capabilities to remove compulsory intubation DOPS (direct observation of 
procedural skills) from early years training. 

3.  Equipping general paediatricians to manage neonatal resuscitation (pertaining to 

specialty level training). 

A.  Neonatal training placements during core training 

It is true that there are no specific mandatory placements during core training. This 
is because the curricular learning outcomes and key capabilities are generic in nature and 
can be acquired in most settings. However, in order to meet the key capabilities related to 
neonatal care (see below) and to prepare trainees to be on tier 2 rotas at ST4 covering 
neonatal units, all trainees will spend time during their core training in a neonatal setting. Full 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 neonatal resuscitation to the point of chest compressions and central drugs is rare and many 
trainees (even in the previous curriculum/training pathway) do not lead many such events 
during their training. These happen in all delivery settings, including local neonatal units and 
Special Care Baby Units as well as tertiary neonatal units. Many trainees will spend time in a 
tertiary neonatal setting but as indicated, core neonatal capabilities can be acquired in a 
local neonatal setting as well. 

The capabilities to lead neonatal resuscitation will be largely acquired and maintained 
through training and simulation, augmented by clinical experience. The key capabilities 
needed are outlined in the core syllabus document and are clearly aligned to the need for 
neonatal resuscitation skills. It is our view that these key capabilities, combined with our new 
'readiness for tier 2 working' assessment form, and the much more specific (and safe) airway 
capabilities in the core curriculum do provide safe training to manage neonatal resuscitation 
as the first senior responder – always with consultant support available to come in from 
home. In addition, there continues to be a requirement to be a current Newborn Life Support 
(NLS) provider in order to work on the tier 2 rota. 

B.  Key Capabilities in Core Syllabus 

The specific key capabilities pertaining to neonatal resuscitation in the Core Syllabus are 
outlined below. All key capabilities are mandatory to evidence.  

Learning Outcome 3 

•  Demonstrates achievement of both basic and advanced life support 
•  demonstrates neonatal airway maintenance: airway opening manoeuvres and the 

use of airway adjuncts (including supraglottic airway) to maintain the airway of a term 
or preterm baby to the point of intubation. 

Learning Outcome 4 

•  Recognises the potential life-threatening events in babies, children and young people 

and leads resuscitation and emergency situations 

C.  Airway Capabilities 

Previously in training, Level 1 (ST1-3) needed to have a successful DOPS for neonatal 
intubation. However, there are fewer neonates being intubated as part of routine neonatal 
care and opportunities to learn and maintain skills are increasingly limited. It is recognised 
that neonatal intubation in unskilled hands can be damaging, particularly if there are 
repeated attempts. A single successful DOPS for intubation does not make someone safe 
and it takes the emphasis away from developing safe, non-invasive neonatal airway 
management skills. 

The Resuscitation Council UK Newborn Life Support (NLS) guidelines include use of a 
supraglottic airway to manage the neonatal airway. The RCPCH core curriculum now 
mandates safe non-invasive neonatal airway management skills. This is a much safer way of 
manging the airway in a baby born in poor condition. This is also in line with the draft BAPM 
Neonatal Airway Safety Standard.1  

D.  Readiness for Tier 2 

At core level (ST1-4) it is expected that trainees will be supported to develop decision 
making skills and to be working independently on a tier 2 rota by the start of ST4. Therefore, 
trainees will be on the tier 2 rota before completion of the core curriculum.  

1 https://www.bapm.org/resources/BAPM-Neonatal-Airway-Safety-Standard  

2 

 
 
 
 
 
 
 
 
 
 
 
 
 Alongside the curriculum we have introduced a formal supervisor assessment that the 
trainee is ready to be on the tier 2 rota with remote supervision (i.e., a consultant on call from 
home). To agree that a trainee is ready for this step there needs to be agreement that there 
is evidence of: 

•  Neonatal capabilities. 
•  General paediatric capabilities. 
•  Neonatal Life Support & Advanced Paediatric Life Support course, or equivalent. 
•  Mandatory procedures (including airway maintenance as above). 

This is a new assessment, as previously trainees stepped up to a tier 2 rota in a more ad 
hoc and unregulated manner, sometimes before completion of level 1 training. The 
'readiness for tier 2 working' assessment now gives more assurance of capability to manage 
emergency resuscitation situations as the first senior responder. However, it is recognised 
that a tier 2 ('middle grade') at ST4 will require consultant support and supervision.  

E.  General paediatric consultants experience of neonatal resuscitation 

70% of paediatric trainees will train as general paediatricians, of which a significant 
proportion will go on to work in a DGH covering a local neonatal unit or SCBU where there 
may be a need for neonatal resuscitation. In recognition of this, the general paediatric 
specialty level syllabus has mandatory key capabilities relating to neonatal resuscitation and 
airway management. To evidence these, trainees at specialty level following the general 
paediatric pathway will need to spend time in a neonatal setting again. 

The specific key capabilities are: 

Specialty Learning outcome 1: 

•  Leads a team in the resuscitation of extremely unwell babies, children or young 

people. 

•  Maintains the airway of term and preterm neonates up to and including safe 

intubation attempt under optimal conditions. Recognises the risks of repeated 
intubation attempts and if intubation is unsuccessful maintains the airway with 
adjuncts including supraglottic airway. Can follow a difficult airway pathway with the 
support of other professionals. 

The airway capabilities have been carefully developed to maintain a focus on safe 
management, including non-invasive management and working in teams to manage a 
difficult airway. Trainees at this level are expected to learn to intubate but to recognise how 
to manage the airway should intubating not be possible. In addition, general paediatric 
trainees at this level must maintain NLS provider status (or equivalent) and consultants who 
cover neonatal units generally have a trust requirement to have up to date NLS provider 
status. 

Sharing information for quality improvements 

The College will be sharing information and suggestions for local improvement from your 
report with our paediatric members via its patient safety portal. The information within your 
report will also be shared for discussion with the RCPCH Clinical Quality in Practice group in 
early Spring, where further actions may be identified.   

Thank you for seeking our views and reminding us of the importance of this work. Our 
sincere condolences are with Luca’s family.  

3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 Yours sincerely 

RCPCH President  

4

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