Prevention of Future Deaths reports · 2024

Elizabeth Brown

Regulation 28 report to prevent future deaths, reference 2024-0135, written 12 Mar 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report12 Mar 2024
Reference2024-0135
DeceasedElizabeth Brown
CoronerAlison Mutch
Coroner areaManchester South
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedManchester University 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.

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:  NHS England 

1  CORONER 

I am Alison Mutch, Senior Coroner, for the Coroner Area of Greater 
Manchester South 

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 26th  January 2023 I commenced an investigation into the death of 
Elizabeth Jane Brown .The investigation concluded on the 18th  May 2023 
and the conclusion was one of Narrative: Died from mesothelioma 
caused on the balance of probabilities by exposure to asbestos the 
precise source of which cannot be ascertained. The medical cause of 
death was 1a) Mesothelioma ; 2) Chronic Obstructive Pulmonary 
Disease 

4  CIRCUMSTANCES OF THE DEATH 

Elizabeth Jane Brown had significant respiratory health issues including 
severe Chronic Obstructive Pulmonary Disease. In November 2022 a CT 
scan raised a suspicion of mesothelioma. Further tests and discussion 
confirmed that on the balance of probabilities she had mesothelioma 
caused by asbestos exposure. The source of the asbestos exposure 
could not be established. She deteriorated rapidly and died at Stepping 
Hill Hospital on 23rd  January 2023 from mesothelioma. 

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 will occur 
unless action is taken. In the circumstances it is my statutory duty to 
report to you. 

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 The MATTERS OF CONCERN are as follows.  – 

The inquest heard evidence that Elizabeth Jane Brown had been referred 
to immunology services in 2018 due to low antibody levels and concerns 
about the overall impact on her health. A treatment plan was developed. 
She had an appointment on 4th  February 2021 when the plan was that 
she should be followed up in 12 months’ time. She had not been seen 
again at the date of her death on 23rd  January. 

Such long waits and delays to see immunologists in specialist clinics 
were the inquest was told not unusual notwithstanding the role they could 
play in treating those in need of immunology services. The evidence 
before the inquest was that the reason for those delays was a significant 
shortage of qualified /trained staff nationally which had led to services 
across the country being run with a high level of vacancies. The position 
was not improving in terms of recruiting to vacant posts the inquest was 
told 

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 7th  May 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 namely 1) 
 on behalf of the Family 
and; 2) Manchester University NHS Foundation Trust, who may find it 
useful or of interest. 

I am also under a duty to send the Chief Coroner a copy of your 
response. 

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 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 

Alison Mutch 
HM Senior Coroner 

12.03.2024 

3

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 NHS England (PDF)
Alison Mutch 
Manchester South Coroner’s Court  
1 Mount Tabor Street 
Stockport 
SK1 3AG  

National Medical Director  
NHS England  
Wellington House 
133-155 Waterloo Road  
London 
SE1 8UG 

09 May 2024  

Dear Coroner, 

Re: Regulation 28 Report to Prevent Future Deaths – Elizabeth Jane Brown 
who died on 23 January 2023.  

Thank  you  for  your  Report  to  Prevent  Future  Deaths  (hereafter  “Report”)  dated  12 
March 2024 concerning the death of Elizabeth Jane Brown on 23 January 2023. In 
advance of responding to the specific concerns raised in your Report, I would like to 
express my deep condolences to Elizabeth’s family and loved ones. NHS England are 
keen to assure the family and the Coroner that the concerns raised about Elizabeth’s 
care have been listened to and reflected upon.   

Your  Report  raises  the  concern  that  there  are  long  waits  and  delays  to  see 
immunologists in specialist clinics and that these delays were caused by a significant 
shortage  of  qualified/trained  staff  nationally  which  had  led  to  services  across  the 
country being run with a high level of vacancies.  

Information received from the Immunology Specialty Advisory Committee at the Royal 
College  of  Pathologists  indicates  that  there  are  approximately  10-15  Immunology 
Consultant  vacancies  across  England  at  present,  on  a  background  of  a  reported 
Consultant  workforce  of  89  whole-time  equivalents  (WTE)  (data  from  December 
2023).  At  higher  level  training  posts,  recruitment  is  very  competitive,  with  100%  fill 
rates for the last few rounds. There is a planned workforce distribution review, which 
is intended to consider whether the posts need to be distributed differently, although it 
is unlikely that there will be an increase as a result. NHS England have been informed 
that The Royal College of Pathologists is planning to focus on workforce as one its key 
priorities  over  the  next  few  years,  having  already  made  written  submissions  to 
Parliament in 2022. 

The issue highlighted in this case appears to relate to follow up waiting times rather 
than  new  outpatient  waiting  times  and  as  such  this  would  normally  be  for  local 
monitoring.  However,  the  national  Outpatient  Transformation  Team  are  exploring 
ways to reduce long waiting times for patients who need monitoring by implementing 
reviews of those on the waiting list for repeat appointments to which continue to be 
clinically necessary. This work is planned for 2024/25. 

                                                                                                                       
 
 
 
 
   
  
 
 
  
  
 
 
 
 
   
 NHS England is also working at a national level to deliver the Long-Term Workforce 
Plan. This is a robust and effective strategy to ensure we have the right number of 
people, with the right skills and support in place to be able to deliver the kind of care 
people  need.  It  heralds  the  start  of  the  biggest  recruitment  drive  in  health  service 
history, but also of an ongoing programme of strategic workforce planning. It includes 
ambitious  commitments  to  grow  the  workforce  by  significantly  expanding  domestic 
education,  training,  and  recruitment,  as  well  as  actions  aimed  at  improving  culture, 
leadership and wellbeing so that more staff are retained in NHS employment over the 
next 15 years. These actions will aim to close anticipated staffing shortfalls in the NHS 
in the long term, however Trusts have a responsibility to ensure safe staffing levels at 
local level in the current day to day operation of their hospitals. This is in line with Care 
Quality  Commission  (CQC)  Regulation  18  which  states  that  providers  must  deploy 
enough suitably qualified, competent and experienced staff to enable them to meet all 
other regulatory requirements. 

I would also like to provide further assurances on national NHS England work taking 
place around the Reports to Prevent Future Deaths. All reports received are discussed 
by  the  Regulation  28  Working  Group,  comprising  Regional  Medical  Directors,  and 
other clinical and quality colleagues from across the regions. This ensures that key 
learnings and insights around preventable deaths are shared across the NHS at both 
a national and regional level and helps us pay close attention to any emerging trends 
that may require further review and action.   

Thank you for bringing these important patient safety issues to my attention and please 
do not hesitate to contact me should you need any further information.  

Yours sincerely,  

National Medical Director

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