Prevention of Future Deaths reports · 2018

Kevan Funnell

Regulation 28 report to prevent future deaths, reference 2024-0095, written 27 Feb 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report27 Feb 2018
Reference2024-0095
DeceasedKevan Funnell
CoronerVeronica Hamilton-Deeley
Coroner areaWest Sussex, Brighton and Hove
CategoryEmergency services related deaths (2019 onwards)
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

VERONICA HAMILTON-DEELEY DL, 
LL.B. 
Her Majesty's Senior Coroner 
for the City of Brighton & Hove 

Assistant Coroners 
CATHARINE PALMER LL.B (HONS) 
KAREN HENDERSON,  BSC,BM,MRCPI,FRC __ 
GILVA  D.J.TISSHA W, BA(LAW)HONS 

' 

THE CORONER'S OFFICE 
WOODYALE,  LEWES ROAD 
BRIGHTON 
BN23QB 

Telephone: Brighton (01273)  292046 
Fax:  Brighton (01273)  292047 

' 

1 

2 

3 

4 

5 

CORONERS SOCIETY OF  ENGLAND AND WALES 

ANNEX A 

REGULATION  28:  REPORT TO PREVENT FUTURE  DEATHS  (1) 

NOTE:  This  form is to be used after an inquest. 

THIS  REPORT IS BEING SENT TO: 

1. 

2. 

3. 

,  Head of Legal Service, South East Coast Ambulance 

·Service 

, Emergency Operations Centre Manager, South East 

Coast Ambulance Service 

, Chief Executive, South East Coast Ambulance Service 

CORONER

I am Veronica  HAMILTON-DEELEY,  Senior Coroner, for the City of Brighton and 
Hove 

CORONE~SLEGALPOWERS 

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. 

INVESTIGATION and  INQUEST 

On 10th  November 2017 I commenced an  investigation into the death of Kevan 
FUNNELL. The investigation concluded at the end  of the inquest on 14th February 
2018  .The conclusion of the inquest was ACCIDENT 

CIRCUMSTANCES OF  THE  DEATH 
See Record of Inquest 

CORONE~SCONCERNS

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:  -

1 

 VERONICA HAMILTON-DEELEY DL, 
LL.B. 
Her Majesty's Senior Coroner 
for the City of Brighton & Hove 

Assistant Coroners 
CA THARlNE PALMER LL.B (HONS) 
KAREN  HENDERSON, BSC,BM,MRCPI,FR( __ 
GILV A D.J.TISSHA W, BA(LAW)HONS 

THE CORONER'S OFFICE 
WOODVALE,  LEWES ROAD 
BRlGHTON 
BN23QB 

Telephone: Brighton (01273)  292046 
Fax: Brighton (01273)  292047 

At the Inquest into the death of Mr Funnell  I heard that the ambulance have 
introduced a relatively new system of dealing with calls and it seems to  me timely to 
write now because it was a matter of concern to me that the ambulance was  so 
delayed in its response to Mr Funnell. 

You will be able to see the basic facts in Part 3 of the  Record  of Inquest. 

This was an  older man with an obvious head injury lying in the  public highway on  a 
freezing cold  night. 

The first call was at 23:36 and was apparently graded with  a 30 minute response (I 
know that 30 minute responses do not exist now but they did at the time that we are 
talking  about i.e.  in  October 2017). 

If the ambulance had arrived within the 30 minute response time it would  have  been 
at the scene by no  later ten  past midnight. 

At 16 minutes past midnight there was a second  call,  firstly to  ask where the 
ambulance was and  secondly to explain that Mr Funnell was now vomiting and 
there was  blood in his  vomit.  This was not flagged  up and I was told at the Inquest 
that if it had been,  it would have upgraded the call.  Therefore,  following  Call 2  there 
was no change in  status, the caller was told to ring  again if things got worse,  an 
apology was given but there was no estimated time of arrival. 

Call  3 came in at 00:34 hours,  i.e.  58 minutes after the first call  to say that the 
patient was now unconscious.  This call was  upgraded to what was  a Red  1 then 
and what I understand would be  a C1  now.  That is to say it was upgraded to an 8 
minute response from  00:34 so the ambulance should have been there by 00:42 
and  in fact an  ambulance arrived  at 00: 51. 

This is really a shocking  performance. 

Apparently there has been an audit and Cal  1 passed the audit;  I cannot think why. 
There was  no inability to  triage the call  but no-one was assigned so  effectively that 
call was abandoned. 

With regard to  Call  2.  Effectively Call 2 was also abandoned. 

Your Legal Advisor at the Inquest took issue with my using the term  "abandoned" 
however,  it seems to  me  that that is exactly what happened and  if there had not 
been a third  call  (all these calls were made by complete strangers to  Mr Funnell 
who just found  him  lying  in the road  as they were corning and goitl.fl about their 

2 

 VERONICA HAMILTON-DEELEY DL, 
LL.B. 
Her Majesty's Senior Coroner 
for the City of Brighton & Hove 

Assistant Coroners 
CATHARlNE PALMER LL.B (HONS) 
KAREN  HENDERSON, BSC,BM,MRCPI,FR( __ 
GILVA D.J.TISSHAW, BA(LAW)HONS 

THE CORONER'S OFFICE 
WOODYALE,  LEWES ROAD 
BRIGHTON 
BN23QB 

Telephone: Brighton (01273)  292046 
Fax: Brighton (01273)  292047 

business; it was they who took care of him,  accepted responsibility for him, tried to 
keep  him warm, tried to keep him comfortable, tried to keep him safe and they 
should be able to  rely  on  a good ambulance response in those circumstances) it 
seems possible that he might have been left in the street for maybe another hour at 
least. 

I was told  that the only way you can interrupt the system is by flagging  up the  need 
for a clinician.  If that is  not done, 
clinician will  look at the stacked calls and will  call back and  make a decision about 
whether or not to upgrade the call. 

 explained that during each shift a 

I was told that the fundamental  problem was that the original triage was  probably 
wrong  and in  any event there were no  30 minute responders  available at that time. 

I was  also told that the call taker can always use their initiative and  ask a Clinician 
to come and  intervene and  advise them. 

 agreed that it would be  useful if there was more training for the call 
takers so that they did  not feel  inhibited from  involving the clinicians in  potentially 
difficult calls. 

During the course of my summing  up I expressed the view that for Mr Funnell  in 
this particular case,  the Pathway system that SECAMB uses was not fit for purpose 
and in  any event seems unsuited, without modification, to  an emergency service. 

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. 

7 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this 
report,  namely by 21 st  May 2018.  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 

. 

3 

 VERONICA HAMILTON-DEELEY DL, 
LLB. 
Her Majesty's Senior Coroner 
for the City of Brighton & Hove 

Assistant Coroners 
CATHARINE PALMER LL.B  (HONS) 
KAREN HENDERSON, BSC,BM,MRCPI,FR( __ 
GIL VA D.J.TISSHA W,  BA(LAW)HONS 

THE CORONER'S  OFFICE 
WOODVALE,  LEWES  ROAD 
BRIGHTON 
BN23QB 

Telephone: Brighton (01273)  292046 
Fax: Brighton (01273)  292047 

1. 
2.  Brighton and  Hove Clinical Commissioning Group, 
3.  Care Quality Commission, 
4.  Secretary of State for Health,  Department of Health 
5. 

,  Chief Executive,  NHS England 

I am  also under a duty to send the Chief Corone·r 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: 

2th February 2018  SIGf~~~~-

Senior Coroner B r igh~  

4

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 South East Coast Ambulance Service (PDF)
South  East Coast Ambulance Service 
NHS  Foundation Trust 

South East Coast Ambulance Service 
NHS Foundation Trust 
Nexus House 
Gatwick Road 
Crawley
RH10 9BG 

Mrs V Hamilton-Deeley 
HM  Senior Coroner for Brighton and  Hove 
The Coroner's office 
Woodvale 
Lewes Road 
Brighton 
BN2 3QB 

30 April 2018 

Dear Madam 

Re:  Mr Kevan  FUNNELL - response to Regulation 28 report 

Thank you for your letter of 27 February and  attachments. 

I  am  very  sorry  that  the  care  provided  to  Mr  Funnell  fell  below  the  standards  we  strive  to 
achieve.  I have carried  out an investigation into the concerns you  have raised  and  set out my 
findings below. 

Following your Inquest, we arranged a second audit of the original 999 call. This was found to 
be  non-compliant.  One of our senior auditors,  a registered  Paramedic,  has  reviewed  this  call 
and  believes  that  the  consciousness  level  of Mr  Funnell  could  be  judged  differently  by  the 
description  provided,  and  so  this  is  likely  to  be  why  the  two  audits  reached  different 
conclusions.  As  a  clinician,  she  would  have  probed  further  to  clarify  the  precise  level  of 
consciousness. 

The second  call  (at 2354 on 22.10.17 and  not at 0016 on 23.10.17 as previously thought) has 
also  been  audited.  This call  was taken  by the  same call taker as the first and  was also found 
to  be  non-compliant on  the  basis that the  call  taker should  have  probed  further regarding  Mr 
Funnell's  bleeding, temperature and  level  of consciousness. The findings of both  audits have 
been fed  back to the  person concerned for individual reflection and  learning. 

I  can  confirm  that  there  are  adequate  provisions  in  place,  which  provide  for  call  takers  to 
upgrade  a  call  where the  patient  is  in  an  unsafe  public  place  (including  when  this  relates  to 
weather conditions) and to  seek advice if they are concerned about the disposition reached. 

Yo1Ar  serviu, 

U01AY  c,C4.,H 

 
 For  Mr Funnell,  the  call  taker did  not  seek to  upgrade  the  call.  This  was  human  error.  The 
manager of the Emergency Operations Centre (EOC) has used the learning from this  case to 
remind all call takers about the circumstances to consider when upgrading a call and the need 
to  seek  senior  guidance  if there  is  any  doubt  about  the  disposition  reached  through  NHS 
Pathways. 

As  I  believe  you  are  aware,  NHS  Pathways  is  a  national  triage  system  used  by half  of the 
ambulance  services  in  England.  It  is  under  constant  review  and  direction  by  the  National 
Clinical  Governance Group, which comprises NHS clinicians with  extensive experience  in the 
urgent and  emergency care services. 

On  22  November 2017,  we  implemented  a  significant  update  to  NHS  Pathways.  The  new 
version includes amendments to the supporting information for conscious patients, in order to 
try and  make  it  more  robust  and  easier for  call  takers  in  situations  like  this  one,  to  identify 
consciousness levels. If this updated version had  been in use in October 2017 then Mr Funnell 
would  have  been  classified  as  unconscious. The disposition would therefore  have most likely 
been  a  Red  2  response  with  a  target  attendance  time  of 8  minutes.  This  demonstrates the 
evolving nature of the Pathways system. 

In  March 2018,  there was  a  meeting  between  NHS  Pathways and  the ambulance trusts who 
use  the  system.  NHS  Pathways  requested  that  all  reports  made  by  a  Coroner,  in  which 
concern  is  raised  about the  use and  application  of NHS  Pathways,  are  shared  with  them  so 
that any recurring issues and trends can  be identified and action taken. 

In  your report,  you  raise  concern  about the delay in  the  ambulance  attending.  I can  confirm 
that on 22 and 23 October 2017, we were experiencing delays in handing over patients to both 
the  Royal  Sussex County Hospital  in  Brighton  and  the  Eastbourne  District General  Hospital. 
Hospital  handover delays  has  a  very  significant  adverse  impact on  our ability to  respond  to 
patients waiting for an ambulance. This is a national issue and in our region one that has more 
recently been given much focus by the entire healthcare system. We are starting to see some 
improvement but  back in  October 2017 thousands of hours were  lost due A&E  departments 
being unable to accept timely handover of patients from our crews. 

In  addition, the  demand  for our services  on the  night in  question was greater than  had  been 
forecast.  Since then, there  has been  much  improvement in  how we forecast and  during  2018 
the  ambulance  and  crew  hours  we  have  available  much  more  closely  match  the  level  of 
demand. 

To  summarise,  it is  clear that there  was  an  error with  the original  classification of Mr Funnell 
and then a failure to  upgrade his call.  For this,  I am  sorry.  Although this was human error, the 
recent NHS  Pathways upgrade will significantly reduce the risk of such an  error recurring.  We 
are currently working with  our commissioners in  a jointly commissioned demand and  capacity 
review,  intended  to  better align  our  resource  requirements  to  the  demands  on  our  service, 
particularly in the light of the newly introduced Ambulance Response Programme standards. 

 I do hope this information is helpful and if I can assist you further,  please do not hesitate to  contact 
me. 

Yours sincerely 

Chief Executive 
South East Coast Ambulance Service NHS Foundation Trust

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