Prevention of Future Deaths reports · 2023

Kenneth Heard

Regulation 28 report to prevent future deaths, reference 2023-0473, written 23 Nov 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report23 Nov 2023
Reference2023-0473
DeceasedKenneth Heard
CoronerGuy Davies
Coroner areaCornwall and the Isles of Scilly
CategoryEmergency services related deaths (2019 onwards)
Organisation namedUniversity Hospitals Plymouth NHS Trust · South Western Ambulance Service 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.

Information Classification: PUBLIC 

IN THE MATTER OF THE INQUEST 

TOUCHING THE DEATH OF KENNETH HEARD 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

Ms Victoria Atkins MP, Secretary of State for Health & Social Care 

1 

CORONER 

I am Guy Davies, His Majesty’s Assistant Coroner for Cornwall & 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 12 July 2022 I commenced an investigation into the death of 79-year-old 
Kenneth Heard. The investigation concluded at the end of the inquest on 31 
October 2023.  

The medical cause of death was found as follows: 

1a Cardiac Arrest 
1b ST Elevation Myocardial Infarction 
II Hypertension, Hypercholesterolemia, Psoriasis 

The four statutory questions - who, when, where and how – were answered as 
follows: 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Information Classification: PUBLIC 

Kenneth HEARD died on 11 July 2022 at Royal Cornwall Hospital Truro 
from an untreated heart attack leading to cardiac arrest before surgical 
procedures could be commenced which would have significantly 
increased Kenneth’s prospect of survival.  The heart attack was 
untreated due to an eight-hour delay in the arrival of the ambulance, it 
being more likely than not that Kenneth would have survived but for that 
delay. 

My conclusion as to Kenneth’s death was as follows 

Kenneth Heard died from a cardiac arrest following a heart attack which 
was untreated due to an ambulance delay. 

4 

CIRCUMSTANCES OF THE DEATH 

On 10 July 2022 Kenneth had a major heart attack, symptoms starting from 2pm 
that day. He had no relevant medical history excepting a report of chest pains 
three weeks before his death.   

, made a 999 call at 16:55 hrs on 10th July 2022.  The 

Kenneth’s wife, 
call was triaged as category 2 priority.   The national target set by the 
Department of Health is to attend Category 2 incidents within 40 minutes on at 
least 90% of occasions, with an average response of 18 minutes. 

The ambulance arrived the following day, 11 July 2022 at 01:05:59hrs, giving a 
response time of 8 hours, 10 minutes from the original 999 call.  

Treliske hospital (Royal Cornwall Hospital Trust in Truro), were pre-warned 
about Kenneth’s condition and the surgical team were in theatre ready to 
perform an operation to insert a stent.  However, Kenneth suffered a cardiac 
arrest on arrival at Treliske.  The surgical team were summoned to assist with 
resuscitation.  Medical teams attempted resuscitation for 47 minutes, but this 
was unsuccessful. 

On the basis of evidence from the cardiologist, the court found that early 
treatment within 2 hours of a heart attack leads to significantly improved 
chances of survival. Surgery within 2 hours, leads to a 95 % survival rate.   The 
court found that on a balance of probabilities it is more likely than not that 
Kenneth would have survived but for that ambulance delay. 

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 

2 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Information Classification: PUBLIC 

is taken. In the circumstances it is my statutory duty to report to you. 

The MATTERS OF CONCERN are as follows.  –  

(1)  The ambulance delay in Kenneth’s case, on 10 to 11 July 2022, was due 
to the demand on the service and delays in the patient handover 
process at the two main hospitals servicing Cornwall: Treliske (Royal 
Cornwall Hospital Trust in Truro) and Derriford (University Hospitals 
Plymouth Trust).  

(2)  The target for hospital staff to take responsibility for the care of patients 
from ambulance crew is within 15 minutes of the ambulance arriving at 
an Emergency Department.  

(3)  On 10 July 2022 there were over 403 hours of ambulance time lost at 

Treliske Hospital with the average handover taking seven hours and 34 
minutes per patient. At Derriford Hospital, there were over 201 hours 
lost, with the average handover taking three hours and 28 minutes. 

(4)  Evidence heard at Kenneth’s Inquest indicates that there is a strong 
relationship between the hours lost due to handover delays and the 
response times being delivered by SWAST. Data shows that as the time 
lost to handover delays has increased, the response times have 
increased at a similar rate.  In Kenneth’s case this relationship between 
response and handover is clearly revealed. The ambulance response 
time to Kenneth was eight hours and 10 minutes. The concurrent 
average handover delays being experienced at Treliske was seven hours 
and 34 minutes per patient. 

(5)  The court heard evidence of mitigating measures having been 

introduced in late 2022 and early 2023 to seek to address and reduce 
the impact of response and handover delays.   

(6)  This included the provision of pressure sore equipment to paramedic 
crews. Evidence was heard from SWAST that since the introduction of 
these mitigating measures some patients have still spent over 12 hours 
in an ambulance awaiting admission to hospital. This is the reason for 
the provision of pressure sore equipment to ambulance crews. 

(7)  Notwithstanding these mitigating measures, concern arises from present 
circumstances, in relation to handover delays across the region covered 
by SWAST and specifically at the two hospitals most commonly used by 
patients from Cornwall, Derriford Hospital in Plymouth and Treliske 
Hospital in Truro.   

(8)  The most recent data available is for August 2023, in which month 

across the region covered by SWAST the hospitals suffering the longest 

3 

 
 
 
 
 
 
 
 
 
 
 
 Information Classification: PUBLIC 

ambulance delays were Treliske, Derriford and Gloucester.  The data 
indicated that operational resource hours lost due to handover delays in 
excess of 15 minutes was as follows: 

5,107 hours lost at Derriford Hospital,  
Average Handover Time per Incident (Hrs:Mins:Sec) 2:04:36  

2,449 hours lost at Treliske Hospital,  
Average Handover Time per Incident (Hrs:Mins:Sec) 1:01:13   

(9)  Response times during June, July and August 2023 were heavily 

impacted by the handover delay pressures. The best response times 
were delivered on the weeks with the lowest hours lost to handover 
delays. The data for time lost due to handover delays at Derriford and 
RCHT in June, July and August 2023 are set out below.   

Operational 
Resource Hours 
Lost to Handover 
Delays in Excess 
of 15 Minutes 

Derriford 
Hospital  

Treliske 
Hospital  

Time 
Lost in 
June 
2023  

Time 
Lost in 
July 
2023  

Time 
Lost in 
August 
2023 

4714:17  

3436:41  

5107:36 

2833:15 

2386:23 

2449:47 

(10) 

By comparison the court was informed that before the pandemic 

the average number of hours lost due to handover delays was 
approximately 4,000 hours per month across the whole of the SWAST 
region.   During 2022 the average number of hours lost due to handover 
delays was approximately 25,000 hours per month across the whole of 
SWAST.  The worst month of last year was December 2022. The number 
of hours lost due to handover delays in that month across the whole of 
SWAST region, was approximately 35,000.  

(11) 

The court heard evidence that there are future circumstances 

creating a concern of a risk to life, namely the seasonal nature of 
demands on SWAST.  The winter months are likely to see an increase in 
demand for ambulance services and for hospital beds. December 2022 

4 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Information Classification: PUBLIC 

was the most demanding month of last year and featured the longest 
delays in response and handover.  December 2023 is likely to be the 
most demanding month of this year. 

(12) 

The root cause for ambulance delays was found to be the lack of 
social care provision in Cornwall, whether care packages or beds in care 
homes.  It was acknowledged and accepted by NHS representatives at 
Inquest that Treliske and Derriford are unable to discharge otherwise 
medically fit patients due to the lack of social care provision. This means 
that wards are accommodating patients who would otherwise be 
discharged.  The hospital wards being full beyond capacity, means that 
emergency departments are unable to move patients out of emergency 
beds into the wards.  This means in turn that the emergency department 
is full and unable to receive patients from ambulances. This leads to the 
handover delays, and consequently response delays, documented in the 
data set out above.  

(13) 

HM Senior Coroner for Cornwall, Mr Andrew Cox has previously 

issued an R28 PFD Report regarding ambulance delays, in November 
2022, addressed to the Secretary of State for Health.  That report raised 
the exact same concerns as those set out above. This included the fact 
that at the date of the Inquest there were the equivalent of five wards of 
patients in Treliske who were medically fit to be discharged but for 
whom either there was no available intermediate/social care bed or a 
required care package.   

(14) 

Since that report this court has heard numerous cases involving 
ambulance delays in 2022, some of which have found the delays to be 
contributory to the cause of death. 

(15) 

Shortly after Kenneth’s Inquest, I presided over the Inquest of 93 

year-old Peggy Watters which raised identical concerns regarding 
ambulance delays on admission to Treliske emergency department.  The 
Inquest was conducted and concluded on 9 November 2023.  Peggy died 
on 11 March 2023 from complications following a fractured neck of 
femur sustained in a fall at her home address on 17 February 2023 
against a background of frailty and multiple physical health conditions. 
The evidence revealed a 20-hour ambulance delay on 17 to 18 February 
2023. This delay followed the first 999 call made by the family after 
Peggy’s fall in which she sustained her fracture. This included a response 
delay of 12 hours, 52 minutes, and a handover delay of 7 hours, 26 
minutes.  Although the court found the ambulance delay to be minimally 
contributory to Peggy’s death, the court did hear evidence of the 
significant pain and anxiety suffered by Peggy whilst waiting for the 
ambulance.  The court also heard evidence of the concern regarding 
present and future circumstances leading to the risks of future deaths as 
set out above. 

5 

 
 
 
 
 
 
 Information Classification: PUBLIC 

6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you 
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 18 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. 

8 

COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner and to the following 
Interested Persons: the family of Kenneth Heard, SWAST and Treliske hospital. 

I have also sent it to Derriford hospital and the family of Peggy Watters, 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. 

9 

23 November 2023                                            Guy Davies 

6

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 Department of Health and Social Care (PDF)
From Helen Whately MP 
Minister of State for Care 
39 Victoria Street 
London 
SW1H 0EU 

Mr Guy Davies  
Her Majesty’s Assistant Coroner for Cornwall & the isles of Scilly 
Cornwall Coroners’ Service  
The New Lodge 
Penmount  
Newquay Road 
Truro, Cornwall  
TR4 9AA 

1 May 2024 

Dear Mr Davies,  

Thank you for your letter of 23 November 2023 to the Secretary of State for Health and Social 
Care, about the deaths of Kenneth Heard and Peggy Watters. I am replying as Minister with 
responsibility  for  urgent  and  emergency  care.  Please  accept  my  sincere  apologies  for  the 
delay in responding to this matter and I am thankful for the extension you have granted. 

Firstly, I would like to say how deeply sorry I was to read the circumstances of Mr Heard and 
Ms Watters’ deaths, and I offer my sincere condolences to their families.  I am grateful to you 
for bringing these matters to my attention.  

Your report raised concerns about ambulance response times by South Western Ambulance 
Service NHS Foundation Trust (SWAST) and handover delays across the region. You have 
appropriately  shared  your  report  and  concerns  with  SWAST  and  Royal  Cornwall  Hospital. 
SWAST and Royal Cornwall Hospital NHS Trust (RCHT), who are best placed to respond on 
the specific action they are continuing to take locally to reduce handover delays and improve 
ambulance response times.  

As the Minister responsible for urgent and emergency care services, I recognise the significant 
pressure  the  urgent  and  emergency  care  system  is  facing.  That  is  why  we  published  our 
‘Delivery  plan  for  recovering  urgent  and  emergency  care  services’  which  aims  to  deliver 
sustained  improvements  in  waiting  times.  Our  ambitions  for  this  year  are  to  improve  A&E 
waiting times to 78% of patients to be admitted, transferred, or discharged from A&E within 
four hours by March 2025, and to reduce Category 2 ambulance response times to 30 minutes 
on average across this fiscal year.  The plan is available at https://www.england.nhs.uk/wp-
content/uploads/2023/01/B2034-delivery-plan-for-recovering-urgent-and-emergency-care-
services.pdf   

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 Your  report  highlights  that  SWAST  were  under  high  demand  at  the  time  of  the  incident.  A 
primary aim of our delivery plan is to boost ambulance capacity. Ambulance services received 
£200 million of additional funding in 2023/24 to expand capacity and improve response times, 
and we are maintaining this additional capacity in 2024/25. This is alongside the delivery of 
new ambulances and specialist mental health vehicles. With more ambulances on the road, 
patients will receive the treatment they need more swiftly.     

I recognise that ambulance trusts work within a health and care system and issues such as 
delayed patient handovers to hospitals can impact on capacity and response times. That is 
why a  key  part  of the  delivery  plan  is  about  improving  patient  flow  and bed capacity  within 
hospitals.  We  achieved  our  2023/24  ambition  of  delivering  5,000  more  staffed,  permanent 
hospital beds this year compared to 2022-23 plans, backed by £1 billion of dedicated funding, 
and we will maintain this capacity uplift in 2024/25. Further, we also achieved our target of 
scaling up virtual ward bed capacity to over 10,000 ahead of winter 2023/24, and there are 
now over 11,000 beds available nationally. We have also provided £1.6 billion of funding over 
two years to support the NHS and local authorities to ensure timely and effective discharge 
from hospital. These measures are helping improve patient flow through hospitals, reducing 
delays in patient handovers so ambulances can swiftly get back on the roads.     

We recognise there is variation in performance across the country. That is why the Delivery 
Plan  also  provides  a  new  tiering  performance  and  improvement  approach  to  give  targeted 
support  to  challenged  systems.  There  is  support  in  place  at  national  and  regional  level  to 
support Tiers 1 and 2 with a universal improvement support offer being made available for all 
systems which will help improve system performance across the whole patient pathway.  

Both South Western Ambulance Service and NHS Cornwall and the Isles of Scilly ICB are in 
Tier 1 of the urgent and emergency care recovery plan tiering support approach.  This means 
that NHS England provides bespoke support to them to help improve performance and reduce 
variation. 

Further, a new emergency care hospital for the University Hospitals Plymouth NHS Trust will 
be  delivered  by  2030  as  part  of  the  New  Hospital  Programme.  This  will  provide  a  new 
integrated emergency care hospital, bringing all urgent care into one emergency care hospital, 
with dedicated areas for children and frail patients. 

At a national level, we have seen significant improvements in performance this year compared 
to last year. In 2023-24, average Category 2 ambulance response times (including for serious 
conditions such as heart attacks and strokes) were over 13 minutes faster compared to the 
previous  year,  a  reduction  of  27%.  For  SWAST,  average  Category  2  response  times  were 
over  26  minutes  faster  in  2023-24  compared  to  the  previous  year,  a  38%  reduction,  while 
average  handover  delays  were  over  13  minutes  faster  in  March  2024  than  October  2023 
(information on ambulance handover times has been published since October 2023). 

However, I recognise there is still more to do to reduce response times down further and back 
towards pre-pandemic levels – improving NHS services and reducing waiting times is a key 
priority of this Government. 

Thank you once again for bringing these concerns to my attention.  

Yours,  

  
  
 
 
 
 
 
 
 
 
 HELEN WHATELY

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