Prevention of Future Deaths reports · 2023
Regulation 28 report to prevent future deaths, reference 2023-0545, written 21 Dec 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 21 Dec 2023 |
|---|---|
| Reference | 2023-0545 |
| Deceased | Nicholas Dymond |
| Coroner | Alison Longhorn |
| Coroner area | Exeter and Greater Devon |
| Category | Railway related deaths |
| Organisation named | Devon Partnership NHS Trust |
| 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 REPORT NICHOLAS JAMES GLAVIND DYMOND REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: Devon Partnership NHS Trust Wonford House Dryden Road Exeter EX2 5AF 1 CORONER I am Alison Longhorn, Area Coroner for the coroner area of Exeter and Greater Devon. 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 November 2018 an investigation was commenced into the death of Nicholas James Glavind Dymond. The investigation concluded at the end of the inquest on 19 June 2023. The conclusion of the inquest was suicide. The cause of death was recorded as: 1a) Fatal injuries of head, neck, chest, right leg 1b) Railway accident 4 CIRCUMSTANCES OF THE DEATH Nicholas Dymond had been an intermittent drug user for much of his adult life. In 2018 he began to suffer from paranoia and by October that year he had started to express thoughts of suicide – specifically of jumping in front of a train. His GP referred him to the Mental Health Crisis Team. Following Nicholas’ arrest on 31st October 2018, a Mental Health Act Assessment was carried out. He was discharged and a taxi was arranged to take him home. On arrival of the taxi, Nicholas ran away. He was seen less than 3 hours later to step in front of a train at a local train station. He was pronounced deceased at the scene. 1 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 could occur unless action is taken. In the circumstances it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows: (1) The inquest heard that independent doctors did not have access to the CareNotes and relied upon printed copies of extracts from the notes which the AMHP considered pertinent to the Mental Health Act Assessment. Training is now available for independent s.12 doctors which, once completed, allows them access to CareNotes, but this training is not a mandated condition of their inclusion on the list of approved s.12 doctors. There remains a risk that, should a Trust doctor not be available to conduct the assessment, an independent doctor with no access to the patient’s records would be called upon to conduct an assessment. (2) Several witnesses illustrated a lack of understanding of the concept of both a voluntary admission where a patient has undergone a Mental Health Act Assessment and of the ‘least restrictive option’. The opportunity for a patient to be admitted voluntarily for further assessment and treatment may therefore be missed. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe that you and your organisation has 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, 2 namely by 22 February 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 Nicholas Dymond’s Family. I am also under a duty to send a copy of your response to the Chief Coroner and all interested persons who in my opinion should receive it. 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. 9 21 December 2023 SIGNED BY: Alison Longhorn
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.
Alison Longhorn
HM Area Coroner for Exeter & Greater
Devon
Room G85
County Hall
Exeter
EX2 4QD
Trust Headquarters
Wonford House
Dryden Road
Exeter
EX2 9AF
Date: 19th February 2024
Dear Ms Longhorn,
Re. Nicholas Dymond – Regulation 28 Report
I write in my capacity as Executive Chief Nursing Officer & Allied Professions Lead for Devon
Partnership NHS Trust (“the Trust”) in response to your Regulation 28 report dated 21
December 2023. If I can first of all pass on my condolences to Mr Dymond’s family.
In your report you highlighted two areas of concern, in respect of which I respond below:
The inquest heard that independent doctors did not have access to the CareNotes and
relied upon printed copies of extracts from the notes which the AMHP considered
pertinent to the Mental Health Act Assessment. Training is now available for
independent s.12 doctors which, once completed, allows them access to CareNotes,
but this training is not a mandated condition of their inclusion on the list of approved
s.12 doctors. There remains a risk that, should a Trust doctor not be available to
conduct the assessment, an independent doctor with no access to the patient’s records
would be called upon to conduct an assessment.
The Trust has recently moved to a new electronic patient records system – Systm1 - which is
widely used in Devon across the healthcare system, particularly within primary care, which
means that most doctors are proficient in its use, although training is still offered if required. It
is worth adding that the approval of s.12 MHA doctors is not a Trust responsibility, nor is it
specific to our Trust. The Trust is not therefore able to make training a mandatory requirement
of their inclusion on the list of doctors approved under s.12 MHA. In the South West, the
approval of s12 doctors is undertaken by Winterhead Limited. Winterhead acts on behalf of the
Secretary of State for Health to administer the approval of clinicians in the South of England to
act as Approved Clinicians (AC) and doctors approved under section 12(2) of the Mental
Health Act 1983.
The Trust endeavours to ensure that assessments under the Mental Health Act 1983 (“the
MHA”) with no doctor from the Trust take place only in exceptional circumstances. As
highlighted in her statement dated 19 September 2023, the Trust’s duty rota ensures
that there is one s.12 MHA approved Trust psychiatrist ‘on call’ in each area, to attend MHA
assessments.
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As the Systm1 roll out only began in November 2023, we do not yet have the data to confirm
the number of Trust Doctors who have completed assessments but the expectation is that the
vast majority, if not all, of MHA assessments continue to involve at least one Trust psychiatrist.
However, it should be noted that the assessment is undertaken by a team who assess
together, so in the rare event that a medical member of the team did not have access steps
would be taken by the other assessors to facilitate access to the notes prior to the
assessment.
The “Devon Shared Care Record” is also now being implemented. This will facilitate cross
organisational access to clinical care records and so further improve availability of relevant
information to clinicians.
Several witnesses illustrated a lack of understanding of the concept of both a voluntary
admission where a patient has undergone a Mental Health Act Assessment and of the
‘least restrictive option’. The opportunity for a patient to be admitted voluntarily for
further assessment and treatment may therefore be missed.
The majority of Trust services are delivered outside hospital settings. Informal admission to an
acute psychiatric ward would happen when risk and treatment thresholds are met but the
person is capacitous and consenting to admission.
The Mental Health Act is explicit in laying out the primacy of the principles of least restriction
pointing to admission only where treatment is not available outside of the hospital setting and
there are stringent legal criteria governing compulsory admission
Since 2015 the Trust has taken steps to put additional measures in place to support people
safety outside of the inpatient setting.
To that end, the Trust has opened Redhills Crisis house in Exeter. Redhills is not a registered
hospital setting but offers supported and crisis admission with 24 hour Trust staff on an
elective basis. On occasion people are moved from Redhills to a treatment ward, but more
usually it is a short term, empowering and stabilising intervention designed to take people past
the immediate point of risk to self.
Repeat admissions to Redhills are accepted when people destabilise. Redhills accommodates
people from Exeter, East and South, while we have contracted a number of supported beds for
use as Step up from the community and /or step down from the wards in North Devon - these
spaces are clinically supported by our home treatment teams and are solely accessible to
informal patients.
The Trust has also opened in the interim period 18 psychiatric rehabilitation beds across
Devon, which support people with long term psychosis. This further increases our inpatient
capacity. Our Home Treatment Team (“HTT”) has also been redesigned since 2015 with the
assessment function now sitting within the First Response Team and HTT delivering intensive
support as an alternative to admission. The First Response Team is a service initially
accessed by telephone and which undertakes triage, assessment, face to face contacts and
onwards referrals for people in crisis.
highlighted in her statement dated 19 September 2023, in Mr Dymond’s case,
As
neither of the assessing doctors was a psychiatrist. As described above, whilst not a legal
requirement, the Trust’s practice now is to make its best endeavours to ensure that at least
one of the assessing doctors is a psychiatrist who works within the Trust.
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Psychiatrists are experts at assessing risk and Trust psychiatrists assess developing risks in
patients every day, and will consider treatment and care pathway options, including possible
voluntary admissions and the least restrictive principle. It should be remembered though that
treatment at home in the community can be the most appropriate and least restrictive option in
many cases.
has highlighted that the MHA assessments are subject to a robust audit process
by both MHA office and AMHP peer review. AMHP managers discuss any matters and issues
arising with individuals within the supervision process. It is a legal requirement for AMHPs to
undertake statutory training in each year, failure to do so results in their approval and authority
to practice being removed. This training ensures that legal knowledge is refreshed and current
and also covers best practice and current challenges.
I trust that the above assists.
Yours sincerely
Executive Chief Nursing Officer & Allied Professions Lead
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