Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0377, written 12 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 | 12 Jul 2024 |
|---|---|
| Reference | 2024-0377 |
| Deceased | Judith Obholzer |
| Coroner | Ellie Oakley |
| Coroner area | London Inner (West) |
| Category | Suicide (from 2015) |
| Source | judiciary.uk record · original PDF |
| Responses published | 3 |
Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. NHS England 2. Department of Health 3. South West London and St George’s Mental Health Trust 4 CORONER | am Ellie Oakley, Assistant Coroner for Inner West London 2 CORONER’S LEGAL POWERS | 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 12 July 2023 | commenced an investigation into the death of Judith Maike OBHOLZER. The investigation concluded at the end of the inquest on 11 July 2024. The conclusion of the inquest was: Judith Maike Obholzer died on 12 July 2023 at | from injuries caused from jumping in front of a moving train (suicide) following a significant period of worsening depressive illness for which she was receiving treatment. Delays by the Wandsworth SPA team in assessment and to being added to the waiting list for a full assessment by a Consultant, and the private psychiatrist not being able to directly access crisis support may have contributed to the death. 4 CIRCUMSTANCES OF THE DEATH Mrs Obholzer took her own life by jumping in front of a moving train at Train Station on 12 July 2023. From at least March 2023 Mrs Obholzer was suffering from depression and anxiety. She was receiving treatment through her GP in the form of antidepressants and had attended weekly Cognitive Behavioural Treatment (CBT) since 12 March 2023 with a private practitioner. Mrs Obholzer was referred to Wandsworth SPA team by her GP on 15 May 2023 and assessed by a triage nurse on 18 May. | found that there was a delay within the Wandsworth team following the initial triage assessment which led to a delay in Mrs Obholzer being put on the waiting list for assessment by a consultant psychiatrist, but that given the waiting times at that stage it was unclear whether or not she would have been assessed by the time of her death (as she had triaged as being a routine patient). She was not put on the waiting list for assessment by a consultant psychiatrist until 10 July. Throughout, Mrs Obholzer was experiencing thoughts of suicide and planning. Due to the deterioration in her condition and the wait for NHS care, Mrs Obholzer attended a consultation with a private consultant psychiatrist on 11 July 2023. The private consultant psychiatrist diagnosed her as suffering from severe post natal depression and presenting with significant suicidal risk. He recommended informal admission to a private hospital, but Mrs Obholzer was against this due to financial concerns. The private consultant psychiatrist planned to write to Mrs Obholzer’s GP to request an urgent assessment by her local Home Treatment/Crisis resolution team, but that letter was not sent on that day for a variety of reasons. The private consultant psychiatrist gave evidence that he was not able to refer Mrs Obholzer to those teams directly. Following a post mortem examination the medical cause of death was determined to be: 1a Multiple Traumatic Injuries 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. — 1. In the course of the evidence it was confirmed that there is a significant pressure on NHS mental health services. It seems likely that there will be an increase in patients obtaining private support while waiting for NHS support (and often only being able to afford such support for a limited time and to a limited extent and doing so only while waiting for NHS support), as happened in this case. Consideration should be given to ensuring that there is sufficient clarity in processes such as referrals and crisis support where private practitioners are providing treatment as well as the NHS, ensuring sharing of information and notes where relevant and necessary and ensuring that the NHS provision is not assessed as unnecessary simply because someone has obtained private support as an interim measure. 2. In the course of the evidence the private consultant psychiatrist gave evidence that he was unable to refer patients directly to NHS provided crisis teams as a direct alternative to informal treatment at a private hospital. The evidence from the South West London and St George’s Mental Health Trust was that direct referrals can be made although the evidence on the exact mechanism was unclear. In Mrs Obholzer's case, the (apparent) lack of ability of the private consultant psychiatrist to directly refer to the crisis team meant that she did not receive the community crisis support alternative to hospital admission that she required. Consideration should be given to ensuring that the pathway for urgent/crisis referrals from private practitioners to the NHS are clear to all (both for this area and throughout the country) and, if it is not already the case, to ensuring a process that allows private practitioners to arrange crisis support through the NHS directly. 3. In the course of the evidence it was confirmed that the private consultant psychiatrist was unable to send the urgent letter to Mrs Obholzer’s GP in part because their details had not been provided. Consideration should be given to ensuring that all medical practitioners (private and NHS) can access GP registration details for patients and GP contact details to avoid delays where there is an urgent need to contact a person’s GP. 4. Inthe course of the evidence it was confirmed that there is no sharing of medical notes between private practitioners and NHS providers. This (along with other factors) led to delays in a treatment plan being set by Wandsworth SPA as they had to obtain further details regarding Mrs Obholzer’s CBT from Mrs Obhoizer rather than being able to access the notes through a shared system. Consideration should be given to ensuring a system is in place to allow the sharing of medical information between practitioners across Trusts and also between NHS and Private providers. ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and | believe you have the power to take such action. YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by 9 September 2024. |, 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 | have sent a copy of my report to the Chief Coroner and to the following Interested Persons: PO South West London and St George’s Mental Health Trust I have also sent it to Royal College of Psychiatrists and CQC, who may find it useful or of interest. | 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. 12 July 2024 “Gilly Ellie Oakley Assistant Coroner for Inner West London
3 responses 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.
Parliamentary Under Secretary of State for Patient Safety, Women’s Health and Mental Health From 39 Victoria Street London SW1H 0EU 12 September 2024 Our Ref: Ellie Oakley Assistant Coroner Westminster Coroner's Court 3 Tachbrook Street Pimlico London SW1V 2JR By email: Dear Ms Oakley Thank you for your Regulation 28 report to prevent future deaths dated 12 July about the death of Judith Maike Obholzer. I am replying as the Minister with responsibility for Patient Safety, Women’s Health and Mental Health. Firstly, I would like to say how saddened I was to read of the circumstances of Judith’s death and I offer my sincere condolences to her family and loved ones. The circumstances your report describes are deeply concerning and I am grateful to you for bringing these matters to my attention. Thank you for highlighting your important concerns about the pressures on NHS mental health services, the interface between private practitioners and NHS providers and the sharing of medical information between the two. I know that you have also addressed these matters of concern to NHS England and South West London and St George’s Mental Health NHS Trust and I look forward to working with both organisations, where appropriate, to avoid a repetition of the tragic events of this case. It is clear that many people, like Judith, with mental health issues are not getting the support or care they need, which is why this Givernment is taking action to fix the broken system to ensure we give mental health the same attention and focus as physical health and that people can be confident of accessing high quality mental health support when they need it. 1 As part of our mission to build an NHS that is fit for the future, we will recruit an additional 8,500 mental health workers to reduce delays and provide faster treatment which will also help ease pressure on busy mental health services. To help reduce the lives lost to suicide, these new workers will be specially trained to support people at risk. More broadly, we will modernize legislation of the Mental Health Act to give greater choice, autonomy, enhanced rights and support, and ensure everyone is treated with dignity and respect throughout treatment. I know that NHS England has outlined to you the work they are taking forward to improve sharing of information and records overall. I understand that work is also in progress at NHS England to review the interface between NHS and non-NHS funded independent health providers, and that NHS England has offered to update you on this important work as it progresses. I assure you, I have written to NHSE colleagues to ensure this is driven forward and these points are addressed. I hope this response is helpful and thank you again for bringing these concerns to my attention. Yours sincerely,
Ms Ellie Oakley
Assistant Coroner
Inner West London Coroner’s Court
33 Tachbrook Street
London
SW1V 2JR
National Medical Director
NHS England
Wellington House
133-155 Waterloo Road
London
SE1 8UG
04/09/2024
Dear Coroner,
Re: Regulation 28 Report to Prevent Future Deaths – Judith Maike Obholzer
who died on 12 July 2023.
Thank you for your Report to Prevent Future Deaths (hereafter “Report”) dated 12 July
2024 concerning the death of Judith Maike Obholzer on 12 July 2023. In advance of
responding to the specific concerns raised in your Report, I would like to express my
deep condolences to Judith’s family and loved ones. NHS England are keen to assure
the family and the Coroner that the concerns raised about Judith’s care have been
listened to and reflected upon.
Your Report raised concerns over the pathways and ability to share information and
undertake referrals between private and NHS mental health services, as well as the
ability for private medical practitioners to access GP details. You raised this within the
context of the significant pressures currently being placed on NHS mental health
services and the impact of this likely increasing the number of patients turning to
private mental health services.
As part of its Long Term Plan commitments to improve mental health care, NHS
England has increased investment in adult and older adult community mental health
services by £1 billion per year since 2019/20. Commitments in the plan have also
included a significant expansion of urgent and emergency mental health care and
access to crisis services.
Your Report highlights the importance of effective information sharing, to support
providing the best care possible, where individuals are transferred between different
care settings. The National Care Records Service (NCRS) is the successor to the
Summary Care Record application (SCRa) and by design removes a large amount of
the reported barriers to adoption within many care settings including the private sector.
The NCRS provides a quick, secure way to access national patient information to
improve clinical decision making and healthcare outcomes. It is free to use and
includes additional features and services beyond the legacy SCRa product. It provides
access to a number of centrally provisioned national digital services that support the
direct care of patients, including Summary Care Records (SCR), the National Record
Locator (NRL) service and the Personal Demographics Service (PDS).
The SCR is a national database that holds electronic records of important patient
information such as current medication, allergies, and details of any previous bad
reactions to medicines. It is created from GP medical records - whenever a GP record
is updated, the changes are synchronised to SCR. It can be seen and used by
authorised staff in other areas of the health and care system who are involved in the
patient's direct care, but do not need access to the patient's full record. As such, the
SCR is intended to provide a summary of the patient’s GP record, including key
information most likely to be of benefit to patients during an unscheduled care
encounter.
The SCR Team at NHS England have undertaken significant work with a number of
private sector organisations, including a range of private hospitals and privately funded
healthcare services trialling the use of SCRs within settings where they have
previously been unavailable, and this work continues. The Team will work with an
Expert Advisory Committee to seek full rollout approval within the independent/private
sector and consider the scope of this approval and any specific exclusions,
constraints, or caveats.
Responsibility for delivering shared care records sits with local Integrated Care Boards
(ICBs). Each ICB’s shared care records are developed in response to the health and
care needs of the local area, existing systems, and future planning. This means some
of their shared care records are available to neighbouring ICBs, while others are only
supported within their own ICB. Future plans include making shared care records link
together regardless of where you live or receive care in England. Further information
on Integrated Care Boards and Systems can be found here: NHS England » What are
integrated care systems?
NHS England’s National Record Locator (NRL) service allows health or social care
workers to find and access patient information shared by other health and social care
organisations across England, to support the direct care of a patient. It does this by
recording the location of digital (and paper) records within the NHS and it provides an
index of pointers/bookmarks that contain the information required to retrieve key
patient information from the source. Our vision is to improve cross-border
interoperability and help make data sharing possible by allowing healthcare
professionals, such as Care Coordinators within a Mental Health Trust, to securely
and remotely retrieve information from source at the point of need so that they can get
a longitudinal view of a patient’s records and an indication of their treatment history.
The NRL removes the need for organisations to create duplicate copies of information
across systems and organisations, by facilitating access to up-to-date information
directly from the source. It will also provide users with an indication of the organisations
with which a patient currently has a care relationship, to enable a user to contact the
service responsible for a plan to support the patient in the event of a crisis.
Mental Health Crisis plans are one of the pointer types supported by the NRL service.
The NRL does not store any of the Mental Health data but points users to where they
can find it. NRL information can be consumed from source through the National Care
Records Service (NCRS). In instances where multiple pointers are returned, users
have the ability to sort results by creation date.
Work is also in progress to review the interface between the NHS and non-NHS funded
independent health providers. This work is in its infancy, but NHS England can provide
an update to the Coroner in due course if this would assist. We understand that the
Care Quality Commission (CQC) are also undertaking work regarding standards for
online care and are exploring opportunities for better sharing of information both into
private sector providers and receiving information back to the patient’s registered GP
practice from private providers.
Access to the GP record is available to private clinicians through some IT systems
suppliers and is being gradually rolled out further.
NHS England has also engaged with South West London and St George’s Mental
Health NHS Trust. They have advised us that at the time Judith required NHS crisis
support, their website provided clear signposting for private providers needing to make
an emergency mental health referral. Since receiving your Report, we also note that
they have made this more visually prominent on the website. I will refer you to the
Trust for further information, who I understand are issuing their own response to you.
I would also like to provide further assurances on the 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 events, such as the sad death of Judith,
are shared across the NHS at both a national and regional level and helps us to 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
Chief Executive’s Office
South West London and St George’s Mental Health NHS Trust
Trinity Building
Springfield University Hospital
15 Springfield Drive
London SW17 0YF
Direct Line:
E-Mail:
04 September 2024
Ellie Oakley
Assistant Coroner for Inner West London
Inner West London Coroner’s Court
33 Tachbrook Street
Pimlico
London SW1V 2JR
Our Reference: Incident Number
Dear Madam
Re: Regulation 28 Report to Prevent Future Deaths – Judith Obholzer
I am writing to you following receipt of the Regulation 28: Report to Prevent Future
Deaths (PFDR) dated 12th July 2024, regarding the sad death of Mrs Judith Obholzer.
The PFDR was addressed to NHS England (NHSE), the Department of Health (DH) and
South West London and St George’s Mental Health NHS Trust (the Trust) being the
third listed recipient. This letter provides the Trust’s response to the matters of concern
that you have detailed in your correspondence.
The PFDR was shared with the clinical leadership teams in the Community and Acute
and Urgent Care Service Lines and the Trust’s Communications Department to ensure
the Trust responds fully to the points of concern raised by HM Assistant Coroner.
I therefore respond to each of your concerns and direction as stated within your PFDR
correspondence:
(1) In the course of the evidence it was confirmed that there is a significant pressure
on NHS mental health services. It seems likely that there will be an increase in
patients obtaining private support while waiting for NHS support (and often only
being able to afford such support for a limited time and to a limited extent and
doing so only while waiting for NHS support), as happened in this case.
Consideration should be given to ensuring that there is sufficient clarity in
processes such as referrals and crisis support where private practitioners are
Chief Executive,
Chairman,
providing treatment as well as the NHS, ensuring sharing of information and
notes where relevant and necessary and ensuring that the NHS provision is not
assessed as unnecessary simply because someone has obtained private support
as an interim measure.
The Trust shares your observation that there could be an increase in patients seeking
to access private support during these times of high demand for services nationally and,
in particular, within the London region.
The Department of Health and Social Care produced guidance for NHS patients who
wish to consider additional private care, and we have provided a link to this belowi. In
line with this guidance, NHS organisations, including the Trust, cannot withdraw NHS
care where a patient chooses to fund additional private care, additionally that patients
will also have their place for treatment on an NHS mental health waiting protected.
Naturally, we expect the DH response to you in regard to this PFDR will cover this aspect
in more detail.
However, in addition to the DH guidance, the Trust has a ‘Private Providers Shared Care
Policy’ (Appendix 1) which was ratified in January 2024. This clearly sets out the
respective roles and responsibilities of the Trust and private providers. This policy was
drafted with input from Consultant Psychiatrists from a private provider and supplements
the DH guidance to add specific clarity for the Trust.
The Trust accepts that this policy was not referenced and it appears there was a lack of
appreciation that the policy existed during the Inquest. In response to the concern raised
in the PFDR, the Trust will ensure this policy is made accessible on the Trust's website
(in the GPs/Professionals section of our website) and its existence will be further
communicated internally and also through our local GP networks.
Unfortunately, there is currently no national or local system which enables the Trust to
have the contact details of every private provider operating in its catchment area and,
therefore, it is not feasible to provide information about the referral process to all these
providers and those we are not aware exists. Furthermore, In Mrs Obholzer’s case, the
private provider that gave evidence at the Inquest and who assessed Mrs Obholzer
shortly before her death, was not based in the catchment for our Trust.
If a private provider considers a patient is at high risk of harm to self or others, it would
be expected that they would either seek to make contact with the patient’s local mental
health services or contact NHS services via 111 or A&E. With this in mind, the Trust
has ensured that information for private providers is more clearly visible on the Trust’s
website (please see below more detail).
(2) During the evidence the private consultant psychiatrist gave evidence that he was
unable to refer patients directly to NHS provided crisis teams as a direct alternative to
Chief Executive,
Chairman,
informal treatment in a private hospital. The evidence from South West London and St
George’s Mental health Trust was that direct referrals can be made although the
evidence on the exact mechanism was unclear. In Mrs Obholzer’s care, the (apparent)
lack of ability of the private consultant psychiatrist to directly refer to the crisis team
meant that she did not receive the community crisis support alternative to hospital
admission that she required. Consideration should be given to ensuring that the
pathway for urgent/crisis referrals from private practitioners to the NHS are clear to all
(both for this area and throughout the country) and, if it is not already the case, to
ensuring a process that allows private practitioners to arrange crisis support through the
NHS directly.
The Trust notes the Coroner’s desire that this aspect of the PFDR is reviewed from a
national perspective and considers that the DH and NHSE will be able to address this
within their response.
However, the Trust would like to assure the Coroner that private providers can refer their
patients to the Trust’s crisis services when required. Private providers can telephone or
make a referral about someone they are concerned for to our crisis services via the
Trust’s Mental Health Crisis Line in the same way as a GP or other non-Trust health
professional. If a private provider contacts the Mental Health Crisis Line, advice will be
provided, and their patient will be directed into the correct care pathway dependent upon
the patient’s presentation and risk factors. In an emergency scenario, private providers
can also call 999 or 111 and patients are able to attend A&E to access the pathway for
crisis services.
At the time Mrs Obholzer accessed Trust services, there was clear information available
on the Trust’s website regarding how to access Trust crisis services via the Mental
Health Crisis Line and what to do in a mental health emergency. This could be accessed
from a prominent orange link (button) on the homepage marked ‘I need help now’. It is
unclear if the private psychiatrist who gave evidence at the Inquest attempted to access
the Trust’s website.
In response to the PFDR, the Trust has reviewed and further improved the information
available for all healthcare professionals on the Trust website to ensure it is more easily
accessible. The link (button) on the front page of the website is now red to make it even
more prominent and marked ‘Urgent Help’ (Home - Website (swlstg.nhs.uk).
To aid, I have provided some screenshots of our website, with the below first showing
the new red ‘Urgent Help’ button.
Chief Executive,
Chairman,
There is also a second button marked ‘urgent help’ on the front page which states
‘healthcare professionals making referrals can call our 24/7 crisis line on 0800 028
8000’. People can access further information by clicking this button – see screenshot
below.
When either of these two buttons are clicked, they go to information about services that
can be accessed in an emergency (https://swlstg.nhs.uk/urgent-help). This includes the
specific information in bold type that says ‘Any healthcare professional can also contact
the mental health crisis line if making a referral for someone experiencing a mental
health crisis’.
Chief Executive,
Chairman,
In addition, you will see below, the Trust has included an amber header on the
GPs/Professionals page with the telephone number of the Mental Health Crisis Line so
it is clear how a ‘GP, partner agency or private provider’ can make a referral in a crisis.
(Referring to our services - Website (swlstg.nhs.uk)
Additionally, we have again shared our crisis information externally, which we do at
regular intervals. This includes on social media and in extra places on our website
including news articles and in information about our campaigns.
(3) In the course of the evidence it was confirmed that the private consultant psychiatrist
was unable to send the urgent letter to Mrs Obholzer’s GP in part because their details
Chief Executive, Vanessa Ford
Chairman, Ann Beasley
had not been provided. Consideration should be given to ensuring that all medical
practitioners (private and NHS) can access GP registration details for patients and GP
contact details to avoid delays where there is an urgent need to contact a person’s GP.
The Trust does not feel able to provide a response to this aspect of the PFDR as access
to GP registration details is a national issue. We understand that the response to this
concern will come from the DH or NHSE response.
(4) In the course of the evidence it was confirmed that there is no sharing of medical
notes between private practitioners and NHS providers. This (along with other factors)
led to delays in a treatment plan being set by Wandsworth SPA as they had to obtain
further details regarding Mrs Obholzer’s CBT from Mrs Obholzer rather than being able
to access the notes through a shared system. Consideration should be given to ensuring
a system is in place to allow sharing of medical information between practitioners across
Trusts and also between NHS and private providers.
Systems and processes for information sharing between NHS and private providers is
principally a consideration for NHSE and the DH who are best placed to provide
guidance around the GDPR and confidentiality considerations.
However, locally the Trust is reviewing its approach to how information can be shared
in line with consent and the confidentiality policy. Naturally, the Trust is not able to share
clinical information with a private practitioner (and vice versa) without the explicit
consent of the patient, except in rare cases where risk considerations mean information
sharing is essential.
The Trust is exploring ways to obtain advanced consent to share information can be
captured in the clinical record when patients are also accessing private services, as part
of the assessment and on-going care planning process and this will be recorded in their
clinical records. The Trust is currently reviewing the best way to collect this information
and operationalise the process.
The Trust will remind all staff of the ‘Urgent Care Pathway’ in a Monthly Learning Bulletin
article (to be published by October 2024). Staff will also be reminded to regularly check
if service users are receiving private treatment and discuss consent to share information.
Staff will also be signposted to the Trust’s ‘Private Providers Shared Care Policy’, so
they are aware of the process if they are contacted by a private provider regarding a
patient in crisis. This policy will also be shared through our local GP networks.
The Trust remains committed to continuous learning and improvement and we are very
grateful for all those involved in the Inquest. This PFDR and the response will be
reviewed and monitored at the Trust’s Mortality and Suicide Prevention Committee,
which is attended by senior representatives from all the Trust’s service lines.
Chief Executive,
Chairman,
Finally, the Trust is ready to respond to future guidance issued by NHSE or the DH
regarding information sharing between NHS organisations and private practitioners.
Yours sincerely,
Chief Executive
i Guidance on NHS patients who wish to pay for additional private care
(publishing.service.gov.uk)
Cc:
▪ Department of Health & Social Care (DHSC)
▪ NHS England
As advised by NHS England (London Regional Team), NHS England have been
commissioned by DHSC to coordinate their response to the PFDR on behalf of both
NHSE and DHSC, as such the Trust should copy the response to NHSE London
Patient Safety Team - england.londonpatientsafety@nhs.net
Chief Executive,
Chairman,
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