Prevention of Future Deaths reports · 2024

Peter Dickens

Regulation 28 report to prevent future deaths, reference 2024-0286, written 6 May 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report6 May 2024
Reference2024-0286
DeceasedPeter Dickens
CoronerElizabeth Didcock
Coroner areaNottinghamshire
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedNottinghamshire Healthcare 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 (1) 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  Chief Executive, Cygnet Health Care 

1 

CORONER 

I am Dr Elizabeth Didcock, Assistant Coroner, for the coroner area of Nottinghamshire 

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 the 23rd  January 2022, I commenced an investigation into the death of Peter Angus 
Dickens. The investigation concluded at the end of the inquest on the 28th  March 2024 

The conclusion of the inquest was a narrative conclusion as follows: 

Peter Dickens died at Bassetlaw District General Hospital on 22.1.22, following an 
episode of choking on a sandwich at Beeches where he was a resident. He was 
vulnerable, with autism and severe learning disability, the subject of a Deprivation of 
Liberty Safeguard order. He required full one to one support for all his needs, including 
support at mealtimes, to prevent him over filling his mouth and eating too quickly. The 
choking episode led to airway obstruction and to his death. His risk of choking was 
known and was a real and imminent risk to his life- he had had previous known episodes 
of life threatening choking. 
The Eating and Drinking plan that was in place to reduce choking risk and ensure close 
one to one support at mealtimes, also set out the process for safe food preparation and 
that a two plate system should be used to control Peters speed of eating and to ensure 
he did not overfill his mouth. This Guidance was not followed on the afternoon of his 
death, and this led directly to the choking incident that led to his death. 
There was also non compliance with the Eating and Drinking guidance many times prior 
to the day of Peters death, there was a lack of oversight of compliance with the guidance 
by Beeches managerial and multidisciplinary team staff, and the guidance was not 
adapted to reflect Peters high level of stress at Beeches, and how this was affecting the 
care staff’s ability to comply with the Eating and Drinking guidance. 
All these omissions in care made a more than minimal, negligible, or trivial contribution 
to his death. 
Peters death was contributed to by neglect 

4 

CIRCUMSTANCES OF THE DEATH 
Peter died at Bassetlaw District General Hospital on 22.1.22, following an episode of 
choking on a sandwich, at The Beeches, where he was a resident. Detailed findings as 
to how, by what means and in what broad circumstances he came by his death, are set 
out in a written Determination dated 28.3.24, appended to this Regulation 28 report. 

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. 

The MATTERS OF CONCERN are as follows.  – 

a)  The  persistent  lack  of  compliance  by  staff  with  Eating  and  Drinking 

guidelines-

there  remains  a 

lack  of  understanding  by  Beeches 

management of the reasons for the lack of compliance- if not understood, 

it is difficult to rectify in the future 

b)  The lack of recording of the specific strategies  used at mealtimes when 

there is an Eating and Drinking guideline in place 

c)  The Failure of management and the Multidisciplinary team  to effectively 

monitor compliance with Eating  and  Drinking  Guidance-

I  have  no 

evidence before  me that  demonstrates  improvement  with this  important 

issue 

d)  Apparent failure to provide the level of support that was funded for Peter-

the costings and support level were set out in his current care and support 

plan- the  Beeches  management  team  appeared  unaware  that  he  was 

funded for a total of  18 hours per day, which is broken down into 12 hours 

one to one support per day and 6 hours two to one support per day 

I am not reassured that necessary actions to address these serious issues identified are 

in place. 

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 the 2nd  July 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. 

For the avoidance of doubt, I will require a response from the Chief Executive of the 
Nottinghamshire Healthcare NHS Foundation Trust, to all three matters of concern, with 
collaboration with the Nottinghamshire Integrated Care Board  to ensure a full response 
to the first matter. . 
COPIES and PUBLICATION 
I have sent a copy of my report to the Chief Coroner and to the following Interested 
Persons: 

8 

1. 

, Parents of Peter 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
   
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 2.  Lincolnshire County Council 

3.  Care Quality Commission 

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 

6th  May 2024 

Dr E A Didcock

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 Cygnet Health Care (PDF)
Dr Elizabeth Didcock 
Assistant Coroner 

2 July 2024 
Sent via email 

Dear Madam 

Thank you for your letter regarding the issuing of a Regulation 28 Report to Prevent 
Future Deaths at Cygnet Health Care. I will address each of the four areas identified 
within the report and update you on the actions that we have taken and any future 
actions  that  we  will  be  taking  to  ensure  the  risk  of  any  future  death  has  been 
minimised.  I am responding for Dr Romero as I am the Chief Executive Officer of the 
Social Care Division that was responsible for Mr Dickens’ care. 

A lot of work was undertaken at Beeches and more widely across Cygnet following 
Mr Dickens’ death. I apologise to you and Mr Dickens’ family that Cygnet staff were 
unable to give you sufficient reassurance at his inquest.   

Your first three matters of concern were as follows: 

a)  The persistent lack of compliance by staff with Eating and Drinking guidelines- 
there remains a lack of understanding by Beeches management of the reasons 
for the lack of compliance- if not understood, it is difficult to rectify in the future 
b)  The lack of recording of the specific strategies used at mealtimes when there 

is an Eating and Drinking guideline in place 

c)  The  Failure  of  management  and  the  Multidisciplinary  team  to  effectively 
monitor compliance with Eating and Drinking Guidance- I have no evidence 
before me that demonstrates improvement with this important issue  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Cygnet responds as follows: 

Beeches 

In January 2023 a new registered manager came into post at Beeches. Of the staff 
members  who  gave  witness  statements  to  the  police,  as  included  in  the  inquest 
bundle,  only  1  support  worker  still  works  at  Beeches  (in  addition  to  the  pre-existing 
deputy manager). There was no one consistent reason given in those statements as 
to why plans weren’t followed. It is therefore not possible for the registered manager 
to establish the reasons why the staff at the time did not follow Peter’s care plan and 
eating, drinking and swallowing (EDS) guidelines.  
The new manager has implemented a raft of measures since coming into post. He 
describes himself as having an extremely rigorous approach to eating, drinking and 
swallowing practices and prides himself on having built a safe space for staff to be 
open, honest and committed to self-development and improvement for the sake of 
residents at Beeches.  

New staff induction 

When  a  new  staff  member  starts  they  receive  a  one  week  induction  during  office 
hours  (Monday  to  Friday,  9am  to  5pm)  so  that  they  have  the  benefit  of  the 
management team being on site. They meet all of the residents, go through all of the 
care  plans  and  policies,  undertake  online  training  and  book  on  to  face  to  face 
training. If they are unable to complete their reading and show understanding of care 
plans, their induction is extended. Once induction is completed they then undertake 
two weeks on the rota with the team they are joining, shadowing shifts with, ideally, a 
residents’ key worker but otherwise, an experienced member of staff. Following this 
they have a formal meeting with a Team Leader who checks their confidence and 
competency.  They  then  have  a  monthly  supervision  session  during  a  6  month 
probation period.  

Agency staff must be pre-approved by the manager and they undergo an induction 
process.  They  are  then  allocated  to  work with  less  challenging  residents.  They  must 
read and understand the care plans of the residents they will be working with during 
the shift and whilst they are undertaking this, the activities coordinator will check the 
staffing  numbers  so  that  staff  numbers  are  not  reduced.  The  Team  Leader  then 
conducts regular checks throughout the day to ensure that the agency staff member 
of staff is competent and to provide support and answer any questions. The agency 
staff used do on the whole, know Beeches and the residents.   

 
 
 
 
 
 
 
 A  copy  of  the  choking/dysphagia  competency  assessment  and  supervision 
questionnaire is attached to this letter as Appendix 1. 

Spot questions 

When the manager is walking around the corridors, he regularly stops staff members 
and  asks  on  the  spot  questions  to  test  understanding  of  the  resident  they  are  with 
and/or of policies. This can be on any topic but during meals, it will be eating, drinking 
or swallowing related. The manager also undertakes a formal fortnightly walk around 
the entire unit and undertakes checks in all areas. This includes choking awareness 
monitoring. A copy of the walk around record is attached to this letter as Appendix 2.   

Spot checks 

In July 2023 the manager implemented Team Leader spot checks. Twice during the 
day shift and once during the night shift, Team Leaders undertake spot checks. On 
the day shift, at least one Team Leader has to be around for the eating and drinking 
at  meal  times  and  the  second  tends  to  focus  on  how  staff  are  interacting  with 
residents. The night check is always at dinner or breakfast. The Team Leader focuses 
on a member of staff, observes them and records aspects of the check. For example, 
a meal time check would include what food was eaten, how it was cut, whether it 
was prepared correctly and that a staff members was present. Any issues are reported 
back to the manager. The spot checks are discussed every Monday in the morning 
meeting. A copy of the spot check template is attached to this letter as Appendix 3.  

Weekly guidance checklist 

Following  Peter’s  inquest,  in  March  2024  the  manager  implemented  a  weekly 
guidance checklist. This involves a minimum of two weekly guidance checks, one of 
which is always on EDS. The manager, or in his absence the deputy manager, observes 
a  mealtime  and  makes  sure  that  the  EDS  guideline  is  followed,  that  the  staff 
understand it and ask questions of the staff to ensure they know what they are doing 
and  the  reasons  whys.  If  there  are  any  concerns  or  the  manager  wants  to  check 
anything, for example that the guidelines are still current and accurate, he raises this 
with  the  Speech  and  Language  Therapist  (SLT)  Team.  A  copy  of  the  checklist  is 
attached to this letter as Appendix 4. 

 
 
 
 
 
 
 
 
 
 
 
 Multi-Disciplinary Team (MDT) visibility  

The manager has also implemented a “meet the MDT” initiative. Each member of the 
MDT  has  provided  an  information  sheet  which  includes  “my  name  is”,  “my  job  is”, 
when  they  were  at  the  Beeches,  which  includes  how  to  contact  them  and  other 
information about them and their role. These sheets are displayed on a notice board 
in the link corridor between the main block and the residential block. It also includes 
information for staff on what to do if guidelines are not being followed and provides 
details  so  that  staff  can  contact  members  of  the  MDT  directly.  This  has  improved 
visibility, strengthened staff relationship with the MDT and fostered an approachable 
and collaborative environment. A photograph of this board is attached to this letter 
as Appendix 5.   

The manager also gave a presentation to the Corporate Safety Response Group on 
learning from Peter’s inquest and detailed the initiatives which are set out in this letter. 
A copy of that presentation is attached as Appendix 6.  

Choking board in main corridor 

There  is  a  large  board  in  the  main  corridor  displaying  choking  risk  and  awareness 
posters. Copies of those posters are attached as Appendix 7.   

Monthly theme boards  

In  March  2023  the  manager  implemented  an  initiative  to  raise  competency  and 
refresh  knowledge.  A  large  notice  board  is  displayed  in  the  main  corridor  in  the 
residential unit. A topic is chosen each month and the board has a range of resources 
on it pulled from the Cygnet intranet, CQC and the Local Authority.  

The  April  2024  topic  was  eating  and  drinking  following  Peter’s  inquest  (photograph 
attached as Appendix 8) and the June topic was lessons learned, how to mitigate the 
risks and why (photograph attached as Appendix 9).  

At end of each month there is a knowledge test on that month’s topic. The results are 
scored  and  put  into  graphs  and  a  team  percentage  reached.  If  a  staff  member’s 
score is low, an action plan is developed. This could be a team meeting agenda item, 
retraining, or something else (for example flashcards with QR codes for reporting were 
developed following the safeguarding topic and questionnaire scores). There is then 

 
 
 
 
 
 
 
 
 
 
 a write up of that month’s topic. The write ups for April and June 2024 are attached 
as Appendices 10 and 11.  

EDS guidelines and auditing 

EDS guidelines are located in each resident’s care file in the duty office, in the main 
kitchen with the chefs and in the therapy kitchens. There are currently two residents in 
each  of  the  two  Beeches  units  who  have  EDS  guidelines.  Compliance  with  EDS 
guidelines is audited by the SLT Team.  

Datix incident reporting 

The  manager  has  improved  and  increased  incident  reporting  protocols  so  that  he 
and the wider staffing group has an improved awareness of these matters. 

Management handover  

Each shift leader completes and sends a handover to the manager, deputy manager 
and team leaders. This covers things such as resident health, PRN required, any issues 
and meal times (its content could vary from shift to shift). As well as documenting ever 
resident,  it  also  captures  staffing.  A  copy  of  the  management  handover  form  is 
attached as Appendix 12. 

Fortnightly triangulation analysis 

The manager undertakes a fortnightly triangulation analysis whereby he reviews Datix 
(the incident reporting system), Pink Notes and handovers. He will pick a resident at 
random and go through the Pink Notes to check that entries are sufficiently detailed, 
correct and activities recorded. He will then look to see if any incidents are recorded 
on  Datix  and  that  these  are  cross-referenced  between  the  two  systems  and  on 
handovers. A copy of the triangulation analysis form is attached as Appendix 13.  

Cygnet  

Training 

Dysphagia and Choking Awareness training is part of the annual mandatory training 
and additional training can and is sourced from the SLTs as and when required.   

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Audits 

The SLT team are conducting audits of Cygnet’s EDS guidelines at set time intervals. 
The  outcomes  of  these  audits  are  discussed  with  managers  and  presented  at  our 
Clinical Audit Committee for wider discussion and learning.  

Choking vests 

Research suggests that most people don’t deliver back slaps effectively. The Director 
of Nursing has therefore ordered two further choking vests which will be trialled on two 
sites for a period of 1 month and if successful will be rolled out across every site within 
Cygnet. At the Lessons Learned meeting in June 2024 a commitment was made to 
ensure that sites which already have vests utilise them as part of life support training.  

Awareness 

Each  year  there  is  a  nutrition  and  hydration  week  across  Cygnet  and  we  take  the 
opportunity to raise the profile of choking and its prevention and treatment. The week 
also includes a national swallowing awareness day. We ran this campaign in March 
2022,  2023  and  2024.  During  these  weeks,  we  shared  a  series  of  blogs,  posters  and 
resources.  Services  were  also  supported  to  refresh  their  knowledge  of  critical 
documentation  such  as  our  Choking  Risk  Screening  Assessment  Tool.  We  are  also 
running a corporate choking awareness campaign in September 2024. This will see a 
range  of  educational  and  promotional  materials  relating  to  choking  risk  being 
delivered across the coming months.  

In March 2022, we also hosted a learning lessons conference, and Choking Risks and 
Dysphagia were an agenda item.  

Serious incidents 

The  Director  of  Nursing  chairs  a  complex  case  panel  which  reviews  all  incidents 
graded as moderate harm and above. Incidents of choking recorded on our incident 
reporting system (Datix) that reach this threshold are discussed. This is a very important 
panel  to  review  incidents  and  identify  any  learning  opportunities  that  can  be 
explored. Under the new incident reporting framework (PSIRF), if incidents of choking 
are  identified,  there  will  be  system-based  thematic  reviews  which will  look to  see  if 
there are any common themes and wider learning.  

 
 
 
 
 
 
 
 
 
 
 
 There  is  also  a  monthly  lessons  learnt  meeting  where  we  identify  any  themes  from 
incidents  and  any  associated  learning.  Following  this  a  learning  bulletin  is  shared 
across all sites within the organisation.  

The  Director  of  Nursing  also  reports  choking  incidents  and  any  areas  requiring 
improvement at Executive Board meetings. 

Your fourth concern was as follows: 

d) Apparent failure to provide the level of support that was funded for Peter the 
costings and support level were set out in his current care and support plan- 
the Beeches management team appeared unaware that he was funded for a 
total of 18 hours per day, which is broken down into 12 hours one to one support 
per day and 6 hours two to one support per day 

At the time Mr Dickens choked, he was receiving the support that he was funded to 
receive.  For  residents  with  complex  needs  and  levels  of  support  and  staffing  that 
changes  throughout  the  day,  funding  is  not  straight  forward  and  would  require  a 
deep dive into the contracting, commissioning and actual staff provision. A witness 
giving  evidence  over  2  years  after  the  death  of  a  resident  would  not  be  able  to 
accurately recall the arrangements that were contracted and  what was delivered 
when.  

I  do  hope  that  this  letter  has  provided  you  with  a  level  of  assurance  following  the 
tragic death of Mr Dickens. As an organisation we have taken a number of actions 
locally and across the Cygnet Group and continue to keep these under review. Any 
new operating guidance emerging from NICE or the Royal Colleges, will also remain 
under review and will be at the heart of best practice in relation to this area.  

Yours sincerely 

Chief Executive Officer 
Cygnet Social Care

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