Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0417, written 23 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 | 23 Jul 2024 |
|---|---|
| Reference | 2024-0417 |
| Deceased | Nathan Scantlebury |
| Coroner | Charlotte Keighley |
| Coroner area | Cheshire |
| Category | Suicide (from 2015) · Hospital Death (Clinical Procedures and medical management) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 2 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
Charlotte KEIGHLEY Assistant Coroner for Cheshire Cheshire Coroner’s Court, Museum Street, Warrington, Cheshire, WA1 1JX Dear Ms Keighley RESPONSE TO REGULATION 28 REPORT TO PREVENT FUTURE DEATHS I am responding for the Department for Education’s (DfE) to the Regulation 28 Report to Prevent Future Deaths dated 23 July 2024. The report was issued following the inquest into the death of Nathan Tesla George SCANTLEBURY aged 16 who died as a consequence of asphyxia following a ligature on 25th September 2019. I want to begin by expressing our deepest condolences to Nathan’s family and acknowledge the tragic nature of this incident. The Secretary of State is deeply concerned by the seriousness of the issues identified in this case. I would also like to thank you for your report, which highlights the mounting pressure that local authorities face when seeking to fulfil their obligations to provide suitable placements for looked after children. The Secretary of State recognises the paramount importance of working to improve the situation faced by children like Nathan, through work to e(cid:431)ect whole system transformation in children's social care and support local authorities to meet their su(cid:431)iciency duties. The Secretary of State appreciates that this requires joint working across the Government to solve the issues inherent in the range of di(cid:431)erent complex systems with which this vulnerable cohort of children interact. I have seen from your report that Nathan had been detained under the Mental Health Act. The 2024 King’s Speech announced legislation to modernise the Mental Health Act and committed to ensuring that mental health is given the same attention and focus as physical health. That work is progressing and being led by the Department of Health and Social Care. DfE is aware of the long-standing di(cid:431)iculties faced by local authorities in fulfilling their obligations to provide suitable placements for looked after children with complex needs. This is why the 2021 Spending Review announced funding of £259m and the Spring Budget in 2024 announced additional funding of £160m to increase capacity in children’s homes, including for highly vulnerable children who need to be deprived of liberty to keep them safe. We know that capital investment alone will not be su(cid:431)icient. Since July 2023 o(cid:431)icials from DfE and from NHS England (“NHSE”) have been jointly leading cross-government work to improve the provision of integrated care and health services for children who are in complex situations and are currently, or are at risk of, being deprived of their liberty, by ensuring that there is an aligned cross-government approach to commissioning and delivering the best possible models of care. The terms of reference for the Task and Finish Group (TFG) established to drive this forward can be found on our Gov.uk page, Improving cross-sector support for children in complex situations with multiple needs task and finish group. We don’t know enough about how services can best work together to help young people with complex needs linked to trauma, and at risk of being deprived of their liberty. We are working to fill this gap. We are currently tendering to commission for research on three areas: to conduct an evidence review, an analysis of case files with a focus on vulnerable children and young people with complex needs and who are currently (or at risk of) being deprived of their liberty, and case studies of three existing provisions in order to build the evidence base and to help identify how we can best help local services to work together to grow good practice for this cohort. This follows research completed on the Voice of the Child, which we commissioned in October 2023 from the O(cid:431)ice of the Children’s Commissioner, to hear from children and young people with experience of being deprived of liberty, and their parents, carers and professionals, in order to increase our understanding of children’s needs and experiences. Findings were presented to the TFG and we plan to publish the final report in the Autumn. We have undertaken engagement with Local Authorities (LAs) and Integrated Care Boards ( ICBs) to build our understanding of (a) barriers and enabling factors to providing suitable provision with integrated care that meets the needs of children and (b) what can be learned, in terms of national and local policy making, from LAs which have been successful in setting up and registering such provision. NHSE are currently planning a webinar (postponed from June due to the election), co-chaired with DfE, for/with sector leads, clinicians, children and young people and their parents/carers, which will set out the ambition to improve outcomes and care and show case emerging models of integrated care. In addition to suitable places and suitable models of care, we want to see improvements to the way health and social care partners work together for complex and vulnerable children. DfE is undertaking work on how to improve joint working between local systems when considering how to fund and support children with complex needs, to support ways of working required to co-design or commission provision for children like Nathan. NHSE is leading on a new set of Peer Collaboratives, which will bring together LAs/ ICBs with senior commitment to co-design, test and learn the practicalities of implementing integrated pathways. The purpose is to surface and explore common obstacles to system change in order to identify national changes required and begin to test potential solutions to inform the development of future pilots to improve support for this cohort. We remain committed to the vision of the TFG: to improve how system partners work together to support and improve outcomes for children and young people who are currently (or are at risk of) being deprived of their liberty and who are in the most complex situations, by ensuring that there is an aligned cross government approach to design, commission and deliver the best possible models of care, integrated across children’s social care, health, education and youth justice. Finally, I would like to once again convey our sincere condolences to Nathan’s family, following their tragic loss. Yours sincerely, Deputy Director for Looked After Children Placements, Department for Education
Regulation 28: REPORT TO PREVENT FUTURE DEATHS REGULATION 28 REPORT TO PREVENT DEATHS THIS REPORT IS BEING SENT TO: 1 Department for Health and Social Care 2 Department for Education 3 NHS England 1 CORONER I am Charlotte KEIGHLEY, Assistant Coroner for the coroner area of Cheshire 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 02 October 2019 I commenced an investigation into the death of Nathan Tesla George SCANTLEBURY aged 16. The investigation concluded at the end of the inquest on 15 July 2024. The conclusion of the inquest was that: Nathan Tesla George Scantlebury died as a consequence of asphyxia following a The intended the outcome to be fatal. event was a deliberate act but it cannot be established on the evidence that he . Nate’s death was contributed to by:- i. ii. A failure to take appropriate steps to ensure Nate’s safety when the was first observed and whilst it was still loose; and Neglect Nate’s death was possibly contributed to by:- i. ii. iii. iv. The lack of availability generally of suitable placements for children with complex mental health needs. Failures by the Local Authority and the Clinical Commissioning Group to adequately assess the suitability of the placement to meet Nate’s needs; A lack of understanding by the local authority and the clinical commissioning group of the way in which the model of care used in the placement worked in practice and whether this would meet Nate’s needs. Failings by the clinical commissioning group and the local authority to ensure that a s117 after-care plan was in place to ensure that all professionals involved in Nate’s care were aware of their respective role and responsibilities 4 CIRCUMSTANCES OF THE DEATH Nathan Scantlebury was just 16 years old at the time of his death. He had a complex mental health needs and was a looked after child, having been so since December 2013. Nate had a significant history of self-harm and spent several periods detained under the Mental Health Act. Nate had previously been placed at a placement in Wales, specialising in providing care to Young People with high risk self-harming behaviours. Following a serious incident in August 2018, Nate was detained under the Mental Health Act with the placement Regulation 28 – After Inquest Document Template Updated 30/07/2021 considering they could no longer keep him safe. Following a period of detention, the only placement available for Nate was in a mainly adult service, with a least restrictive approach adopting a therapeutic risk-taking and recovery- based approach. The service provided care for those aged between 16 and 25. During the course of Nate’s placement, a number of concerns were raised in respect of the suitability of the service for Nate, with a number of self-harming incidents taking place which required hospital treatment. On the 25th September 2019, Nate tied a around his neck, initially the was loose and Nate was left whilst advice was obtained. Nate was later found laid on his bed, blue in colour and unresponsive with the tight around his neck. The was removed and Nate’s physical observations taken with further advice being sought and observations taken prior to an ambulance being called. Nate was taken to hospital and pronounced deceased a short time later. 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: The lack of availability of suitable placements for high risk children with complex mental health needs which is both a local and a national issue which has been ongoing for a number of years. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe your organisations 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 17, 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 Liverpool City Council Cheshire and Merseyside Integrated Care Board (Liverpool) I have also sent it to Child Safeguarding Practice Review Panel who may find it useful or of interest. Regulation 28 – After Inquest Document Template Updated 30/07/2021 I am also under a duty to send a copy of your response to the Chief Coroner and all interested persons who in my opinion should receive it. I may also send a copy of your response to any person who I believe may find it useful or of interest. 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 Dated: 23/07/2024 Charlotte KEIGHLEY Assistant Coroner for Cheshire Regulation 28 – After Inquest Document Template Updated 30/07/2021
2 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.
From
Parliamentary Under-Secretary of State for
Patient Safety, Women’s Health and Mental Health
39 Victoria Street
London
SW1H 0EU
17th September 2024
Our ref:
Mrs Charlotte Keighley
Assistant Coroner
Cheshire Coroner’s Court
Museum Street
Warrington
Cheshire
WA1 1JX
By email:
Dear Mrs Keighley,
Thank you for the Regulation 28 report of 23 July 2024 sent to the Department of Health and
Social Care about the death of Nathan Tesla George Scantlebury. I am replying as the
Minister with responsibility for Patient Safety and Mental Health.
Firstly, I would like to say how saddened I was to read of the circumstances of Nathan’s
death and I offer my sincere condolences to his family and loved ones. The circumstances
your report describes are concerning and I am grateful to you for bringing these matters to
my attention.
Your report raises concerns over the lack of suitable placements available for high risk
children with complex mental health needs.
In preparing this response, my Departmental officials have made enquiries with NHS
England and Cheshire and Merseyside Integrated Care Board and I understand that NHS
England will address your concerns in more detail in its response. We will work with
colleagues at NHS England to ensure the appropriate steps are taken to avoid a repetition
of this tragedy.
As your report highlights, the number of mental health inpatient beds required to support a
local population is dependent on both local mental health need and the effectiveness of the
whole local mental health system in providing timely access to care and supporting children
with complex mental health needs like Nathan to stay well in the community, therefore
reducing the likelihood of an admission being necessary. I am committed to ensuring this
Government acts to ensure patients have access to community services and instances like
this one can be prevented.
The model of inpatient mental health care is being re-designed to enable the move to a
more community-based provision of care, where children and young people can access
appropriate mental health support in a timely, effective, and person-centred way, at home or
close to home and in the least restrictive environment.
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
modernise 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 am advised by colleagues in NHS England and Cheshire and Merseyside (Integrated Care
Board that the local provision of suitable placements for children with complex mental health
needs remains a key focus for the ICB. Its intentions to design and develop Appropriate
Places of Care where there are gaps in its current support offer for children and young people
with the most complex needs are set out in its Children and Young People’s Mental Health
Plan for 2024-26 - NHS Cheshire and Merseyside, published in August 2024, and which is
available at: Children and Young People’s Mental Health Plan for 2024-26 - NHS Cheshire
and Merseyside.
I hope this response is helpful. Thank you for bringing these concerns to my attention.
Yours sincerely,
Ms Charlotte Keighley
Assistant Coroner for Cheshire
The West Annexe
Town Hall
Sankey Street
Warrington
Cheshire
WA1 1UH
National Medical Director
NHS England
Wellington House
133-155 Waterloo Road
London
SE1 8UG
12 September 2024
Dear Coroner,
Re: Regulation 28 Report to Prevent Future Deaths – Nathan Tesla George
Scantlebury who died on 25 September 2019
Thank you for your Report to Prevent Future Deaths (hereafter “Report”) dated 23 July
2024 concerning the death of Nathan Tesla George on 25 September 2019. In
advance of responding to the specific concerns raised in your Report, I would like to
express my deep condolences to Nathan’s family and loved ones. NHS England are
keen to assure the family and the Coroner that the concerns raised about Nathan’s
care have been listened to and reflected upon.
Your Report raised the concern over the lack of availability of suitable placements for
high risk children with complex mental health needs, both at a local and national level.
Significant improvements are underway nationally to develop the Children and Young
People’s Mental Health (CYPMH) inpatient pathways. Care being provided close to
home has seen a reduction in the number of young people placed inappropriately out
of their local area. Natural clinical flows (NCF) aim to ensure that a young person is
only placed away from their local area when this can provide the right therapeutic
outcome. For Children and Young People (CYP), it is important that every step is taken
to avoid this given the impact on families, carers, links to school and social networks.
In March 2022, there were 145 CYP outside of NCF and, in March 2023, there were
128 CYP outside of NCF.
NHS England has sought to improve the availability of local inpatient care for CYP
through a number of actions:
• The introduction of NHS-Led Provider Collaboratives which are key enablers
•
for bringing the care of CYP closer to home.
Investing capital and revenue funding into localised inpatient and alternative to
inpatient provision over a three-year period.
• The NHS Operational Planning Guidance 2022/23 outlined the need for Mental
Health Provider Collaboratives and Integrated Care Systems (ICSs) to ensure
the provision of General Adolescent and Psychiatric Intensive Care Units to
meet the needs of their local population.
The CYPMH Clinical Reference Group has developed an inpatient strategy which
provides an evidence base to support services when considering their workforce
challenges and team composition. A new Youth Intensive Psychological Practitioner
pilot (YIPP) is now entering its third year and in partnership with Exeter University has
established roles in inpatient Multi-Disciplinary Teams (MDTs) to complement the
team. There has been a refresh of the Care (Education) and Treatment Review
(CETR) policy, and an escalation policy has been agreed with all NHS-Led Provider
Collaboratives and regional teams.
In addition to steps taken to localise care and reduce reliance on inpatient care, we
have seen the establishment of many intensive alternative to admission models
introduced by NHS-Led Provider Collaboratives and Integrated Care Boards (ICBs),
which support CYP to be cared for in the least restrictive environment and close to
home. Examples include the establishment of day units, strengthened intensive
support and outreach teams, paediatric liaison and improved thresholds for admission
and gatekeeping to actively avoid admissions.
The CYP’s National Quality Improvement Taskforce has delivered improvements to
mental health, learning disability and autism inpatient services for CYP, with a wide
range of initiatives that co-designed and co-delivered 39 change projects across CYP
inpatient services to support local improvements.
In 2022, NHS England (NHSE) commissioned a new Quality Improvement Programme
and one of its priorities was to undertake a review of the CYP’s inpatient model,
recognising the continued pathway pressures and quality and safety challenges. The
review included how our English model compares internationally, the views of children,
young people and their families and requests from local teams to work together to
improve the model of care. The findings of the evidence review presented and
consolidated a future vision for CYPMH inpatient care, and now forms the cornerstone
of the CYPMH Transformation Programme, which has resulted in a review of the
service specification and the development of a new clinical model, which considers
the needs of a young person across the whole pathway of care. Support has been
provided to local systems and Provider Collaboratives to plan a timeline for
implementing the change, coupled with implementation support as requested.
Children and young people’s mental health interventions can take place in many
contexts and will depend on the clinical needs of the child as to whether interventions
are delivered in the community, whilst the child is in a placement, or in an inpatient
setting. NHSE are working with the Department for Health and Social Care (DHSC)
and Department for Education (DfE) to ensure that the needs of children in different
settings are met fairly and equitably.
The NHSE strategy is to reduce reliance on mental health inpatient beds and to have
fewer young people being detained under the Mental Health Act (MHA). To support
this, the model of inpatient care is being re-designed to enable the move to a more
community-based provision of care, where CYP can access appropriate mental health
support in a timely, effective, and person-centred way, at home or close to home and
https://digital.nhs.uk/services/national-care-records-servicein
environment.
the
least
restrictive
It is also recognised that for some CYP, admission to hospital will not be the most
appropriate way to meet their needs. This has been a focus of the transformation of
CYPMH and continues to be a priority in the NHS Long Term Plan.
A guidance document for CYP has been co-written with multi-agency partners, which
specifically includes the role of the Approved Mental Health Professional (AMHP) and
the legal requirements of the Mental Health Act process, and whether it is clinically
appropriate for the young person to be admitted for assessment and treatment. This
aims to ensure that any use of the MHA in crisis is reviewed before detaining a young
person.
My regional colleagues in the North West have also been engaging with NHS Cheshire
& Merseyside (CM) ICB on the concerns raised in your Report. We are advised that
the local provision of suitable placements for children with complex mental health
needs remains a key focus for the ICB. Its intentions are set out here: Children and
Young People’s Mental Health Plan for 2024-26 - NHS Cheshire and Merseyside.
The new model of care includes:
• Place Based Gateway meetings to ensure appropriate support when needs
change or escalations to prevent admission to care, custody or inpatient
settings.
• Development of a Complex Needs Escalation Tool.
• A THRIVE framework focused on getting advice, help and risk support. This is
needs-led by CYP and families alongside professionals (see page 7 of the
plan).
• System wide priorities for the ICB for timely access, crisis response,
appropriate places of care and specialist mental health.
• Development of cross organisational data set to explore the rising prevalence
of complex mental health.
• System wide stakeholders to develop appropriate places of care.
• Support and development for mobilisation of appropriate places of care.
My North West colleagues have requested further information from CM ICB regarding
the actions taken following the death of Nathan, as part of their assurance purposes.
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
Nathan, 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
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