Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0374, written 15 Jul 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 15 Jul 2024 |
|---|---|
| Reference | 2024-0374 |
| Deceased | Owen Gardner |
| Coroner | Nigel Parsley |
| Coroner area | Suffolk |
| Category | Road (Highways Safety) related deaths |
| 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 NOTE: This form is to be used after an inquest. REGULATION 28 REPORT TO PREVENT DEATHS THIS REPORT IS BEING SENT TO: 1 2 3 NSFT - Norfolk and Suffolk Foundation Trust (Legal Services) 4 Chief Coroner's Office 1 CORONER I am Nigel PARSLEY, HM Senior Coroner for the coroner area of Suffolk 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 22 May 2023 I commenced an investigation into the death of Owen Donal GARDNER aged 29. The investigation concluded at the end of the inquest on 03 July 2024. The conclusion of the inquest was that: Road Traffic Collision The medical cause of death was confirmed as: 1a Multiple Injuries 1b 1c 4 CIRCUMSTANCES OF THE DEATH 5 CORONER’S CONCERNS During the course of the investigation my inquiries 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: (brief summary of matters of concern) 5 CORONER’S CONCERNS During the course of the inquest the evidence revealed matters given 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 as follows. – Regulation 28 – After Inquest Document Template Updated 30/07/2021 In evidence it was heard that Owen had a limited short-term memory and a cognitive deficit, due to the previous Traumatic Brain Injuries that he had suffered. As a result of Owen’s limited short-term memory and cognitive deficit, it was agreed that his next of kin would be informed of all of the appointments Owen had with the NSFT clinician’s providing his care. Evidence at inquest heard that Owen’s next of kin had been informed of such meetings on some occasions, but that it did not occur on every occasion. In addition, evidence was heard that when meetings were changed a short notice (due to unforeseen circumstances, staff sickness or leave absence), Owen himself would be informed, but not his agreed next of kin contact. This led to Owen missing a number of appointments as he had forgotten the changes made, whereas his next of kin would have been able to remind him, and prompt him to attend. It was acknowledged by the court, that in Owen’s case there was no evidence that his attendance at one of his missed appointments would have changed the tragic outcome. However, I am concerned that in the future, an individual with a short-term memory and a cognitive deficit will miss an appointment which could prevent their death, if their next of kin (or chosen point of contact) are not also told of short notice changes to the timings of that appointment. Evidence was heard that there is no system in place to facilitate this. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you (and/or 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 September 09, 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. COPIES and PUBLICATION 8 I have sent a copy of my report to the Chief Coroner and to the following Interested Persons NSFT - Norfolk and Suffolk Foundation Trust (Legal Services) I have also sent it to 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. Regulation 28 – After Inquest Document Template Updated 30/07/2021 9 Dated: 15/07/2024 Nigel PARSLEY HM Senior Coroner for Suffolk Regulation 28 – After Inquest Document Template Updated 30/07/2021
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.
Senior Coroner Nigel Parsley
Suffolk Coroner’s Court
Beacon House
Whitehouse Road
Ipswich
IP1 5PB
E mail: Coroners.service@suffolk.gov.uk
By email only
Dear Mr Parsley,
NSFT Trust Management
Norfolk & Suffolk Foundation Trust
County Hall
Martineau Lane
Norwich
NR1 2DBH
Tel: 01603-421421
Date: 09 September 2024
Regulations 28 (Coroners Investigations Regulations 2013) notification made in response to the
death of Owen Donal Gardner
I am writing in respect of the prevention of future deaths report you sent to the Trust following the inquest
into the death of Mr Gardner, concluded on 3 July 2024.
You wrote to the Trust to raise matters of concern which you assessed the Trust could take action to reduce
the risk of future deaths. I am grateful for you writing which supports our drive to provide safe services.
You identified concern that an individual with a short term memory difficulties and a cognitive deficit will miss
an appointment which could prevent their death, if their next of kin (or chosen point of contact) are not also
told of short notice changes to the timings of that appointment.
Your concern was based on the evidence that the Trust had agreed to inform Mr Gardner’s next of kin of his
appointment with his clinical team. On occasions, short notice changes to dates resulted in Mr Gardner being
informed but sometimes not his agreed next of kin. The impact of this was that Mr Gardner missed a number
of appointments as he was unable to retain information of appointment changes. You heard evidence there
was no robust system in place to facilitate this.
The Trust agrees it is critical that people are provided with the right support to enable them to access care at
the right time. The practical role that families and carers play cannot be underestimated and the Trust’s goal
is to work in collaboration with families to enable the best outcomes for people that access our services.
To this end, it is our policy, at the commencement of care, to identify who the family and/or carer is and how
we may communicate with them, based on the consent and agreement from the service user. The policy and
expectation is for staff to record service user consent to information sharing on the Trust ‘Your Data: Your
Choices’ form. In addition, communication preferences should be noted in their care plan/combined
assessment and those preferences used in accordance with the patient wishes, whether the communication
takes place by telephone, email or text message.
It is most often the case that routine appointments are communicated by letter however urgent or cancellation
appointment offers may be made via text, email or through telephone calls based on the agreed method and
timeframe to the appointment. This means there is no one single technical solution that will fully mitigate the
risk but a range of actions.
1.
The Trust is in the process of procuring a new Electronic Patient Record (EPR) which includes
‘patient portal’ functionality that will enhance our capabilities for appointment scheduling,
particularly in terms of visibility for patients. This new EPR is approximately two years from being
Chair: Zoë Billingham CBE Chief Executive Officer: Caroline Donovan
Trust HQ: County Hall, Martineau Lane, Norwich, NR1 2DH
Tel: 01603 421421 Web: www.nsft.nhs.uk
2.
3.
4.
5.
available however, as we are following the nationally mandated procurement route for such
purchases.
In the interim the trust has commenced work on enhancing the current EPR, Lorenzo. We have
identified a potential enhancement
indicate, when generating
correspondance (including appointments) that the correspondence should also be sent to the Next
of Kin or Carer, according to stated patient preference
that will allow staff
to
We have some concern that this feature could result in correspondance being sent to Next of Kin
or Carers without appropriate permissions so the change would only be implemented once we
have been reassured that it is clinically safe and compliant with our Information Governance
policy.
Following this assessment, if the change goes ahead it will be completed as a priority as soon as
possible, our current expectation is that it will be in place by the end of November 2024.
The Trust has also issued a patient safety alert to ensure the process remains a primary focus for
our staff while this work is completed. This is attached for information.
In addition, our community services standard operating procedure will be updated to include the
guidance on the enhanced changes to Lorenzo, along with confirmation of the expectation that
communication preferences will be noted in the service user care plan/combined assessment for
ease of reference when communicating with service users and those supporting them.
The Trust had also initiated a Listening into Action™ pioneer programme called Think Carer and
Family. The Listening into Action™ programme approach is a comprehensive, systemic, outcome-
oriented approach to empower staff at all levels to work through any challenges to ensure quality
outcomes. In order to bring greater consistency to recording next of kin details to ensure that the
technical improvement and system expectation mentioned in the above paragraphs can be
meaningfully applied, the aim of the Think Carer and Family LiA programme which was launched
on 10 June 2024 is to have 90% of carers and 100% of Next of Kin documented on service users’
records. Initially within Child and Adolescent Mental Health Team, West Suffolk, and Adult Crisis
and Resolution Home Treatment Team, West Suffolk, rolling out to the rest of the trust from
October 2025.
Finally, you are aware that the Trust undertook a safety incident review in order to identify any learning to
improve practice and shared that report with the clinical team that provided care to Mr Gardner.
6.
The clinical team involved in Mr Gardner’s care have undertaken further reflection and consideration
of the Safety Incident Review investigation undertaken by the patient safety team alongside the
findings made at inquest, and the Regulation 28 report. This has enabled the clinical team and its
managers to reflect upon any human factors that contributed to the situation which arose in Mr
Gardner’s case regarding family not being directly invited to the discharge appointment that had been
brought forward by 90 minutes, by agreement directly with Mr Gardner. This further reflection took
place on Thursday 5 September 2024 for this purpose.
The outcome from this meeting was that the EPR system enhancement noted at paragraph 2 will be
helpful and the team, will robustly ensure that all future assessments will include consideration of
possible short term memory difficulties and confirmation of communication preferences which will be
recorded in the combined assessment/recovery plan and safety plans.
I hope the above-mentioned actions provide assurance to you and Mr Gardner’s family that NSFT is
committed to improving practice for all our service users.
Yours sincerely
Caroline Donovan
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