Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0570, written 23 Oct 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 Oct 2024 |
|---|---|
| Reference | 2024-0570 |
| Deceased | Declan Morrison |
| Coroner | Simon Milburn |
| Coroner area | Cambridgeshire and Peterborough |
| Category | Hospital Death (Clinical Procedures and medical management) related deaths · Mental Health related deaths |
| Organisation named | Cambridgeshire and Peterborough NHS Foundation Trust |
| Source | judiciary.uk record · original PDF |
| Responses published | 3 |
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. The Secretary of State for Health and Social Care 2. The Chief Executive, NHS England 3. The Chief Executive, Cambridgeshire and Peterborough Integrated Care Board 1 CORONER I am SIMON MILBURN, Area Coroner, for the coroner area of Cambridgeshire & Peterborough 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 4 April 2022 I commenced an investigation into the death of DECLAN GORDON GERARD MORRISON, who died on 2 April 2022, aged 26. The investigation concluded at the end of the inquest before me and a jury on 3 October 2024. The conclusion of the Jury was:- Medical cause of death:- 1a) Traumatic acute on chronic subdural haemorrhage (operated); Conclusion:- Declan died from head injuries caused by him banging his head whilst he was detained at the Section 136 Suite at Fulbourn Hospital under Section 2 of the Mental Health Act. 4 CIRCUMSTANCES OF THE DEATH Declan was just 26 years of age at the date of his tragic death. He had diagnoses which included ASD, ADHD and Learning Disability. Declan was largely non-verbal and required 24-hour residential care. His needs were highly complex. He lacked mental capacity to make decisions in his own best interests. Between 2014 and March 2022 he resided in private placements sourced by Cambridgeshire County Council’s Learning Disability Partnership. Declan moved into his final placement in May 2021 after the previous placement had become unable to meet his needs. By the end of 2021(latest) it was agreed by all the professionals involved in his care and the private care provider that this placement was also unable to meet Declan’s complex needs. His mental health and behaviour began to deteriorate as a result. The private care provider felt that they could not consequently keep Declan (and other residents) safe. Despite attempts to find Declan an alternative appropriate placement CCC’s LDP could find nothing available either locally or nationally. Demand for such placements outstrips supply – providers are effectively able to ‘pick and choose’ who they offer placements to. 1 Declan’s mental health and behaviour declined further and as the result of an incident on 8 March 2022 whereby he was detained under Section 136 of the Mental Health Act. Declan was taken to Addenbrookes Hospital Emergency Department in Cambridge as a place of safety where he was then further detained under Section 2 of the Mental Health Act. There was no suitable hospital placement available and so Declan was taken to the Section 136 Suite at Fulbourn Hospital in Cambridge. The evidence was clear – the Section 136 Suite is suitable only as a temporary placement for those suffering an immediate mental health crisis. It is/was not a suitable facility for longer term detention and or for someone with Declan’s complex needs. Staff there were not appropriately trained to care for him Whilst it was hoped that Declan’s placement would be only temporary once again both local and national searches for an appropriate alternative were unsuccessful. Declan’s mental health declined further in the Section 136 Suite. His behaviour became more agitated and disturbed. As a result, he engaged in self-harming behaviours including blows to the head. He was found unresponsive on 18 March 2022 having suffered catastrophic brain injuries. Tragically Declan died at Addenbrookes Hospital in Cambridge on 2 April 2022. The Integrated Care Board for Cambridgeshire & Peterborough funded a bespoke residential ‘Crisis Service’ in November 2023. It remained open for 38 weeks (during which it operated at 98% capacity) before funding was withdrawn. Had such a placement been available to Declan it would potentially have avoided the need for him to be detained under the Mental Health Act. 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 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. – (1) The evidence revealed that there is currently a widespread shortage of available placements for someone with Declan’s complex needs both in the community and within the NHS. (2) Once it was clear that Declan’s community placement had broken down in late 2021 no suitable alternative could be found. This resulted in a decline in Declan’s mental health and behaviour which ultimately necessitated his detention under the Mental Health Act. There was then nowhere suitable to detain him under Section 2 of the Mental Health Act. (3) The Section 136 Suite was completely inappropriate. Declan’s mental health and behaviour declined further and ultimately this resulted in his death. (4) Declan was in crisis for several months – the facilities were simply not available in the community and once detained, in order to prevent his death. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe your organisation has 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, 2 namely by 18 December 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: 1) Declan’s Family/Legal Representatives 2) Cambridgeshire County Council 3) Cambridgeshire & Peterborough NHS Foundation Trust 4) Caretech Holdings 5) Cambridgeshire Constabulary 6) Cambridge University Hospitals Trust. I am also under a duty to send the Chief Coroner a copy of your response and all interested persons who in my opinion should receive it. I may also send a copy of your response to any other 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 Mr Simon Milburn H M Area Coroner for Cambridgeshire and Peterborough 23 day of October 2024 3
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.
Our Ref:
Date: 16 December 2024
Simon Milburn
Area Coroner
Coroner’s Office
Cambridgeshire & Peterborough Coroner's Service
Lawrence Court
Princes Street
Huntingdon
PE29 3PA
Response to be sent via email
Dear Mr Milburn
Re: Regulation 28 Report to Prevent Future Deaths – Declan Gordon Gerard Morrison
Thank you for your Regulation 28 Report dated 23rd October 2024 concerning the death of Declan Gordon
Gerard Morrison who died on 2nd April 2022.
Firstly, we would like to express our sincere condolences to Mr Morrison’s family and friends. We have
taken this matter extremely seriously.
We have fully participated in the two Safeguarding Review processes that took place prior to the inquest
and continue to embed the learning from these. We want to ensure that we do all we can to learn from
Declan’s life and death and to improve care for future patients.
The Regulation 28 Report concludes that Declan’s death resulted from traumatic acute on chronic sub
dural haemorrhage (operated). Following the inquest, you raised four concerns which we consider in two
groups below.
Processes to identify and best manage a breakdown in placement for someone with Learning
Disability and Autism who is at risk of hospital admission
Concern (2) Once it was clear that Declan’s community placement had broken down in late 2021
no suitable alternative could be found. This resulted in a decline in Declan’s mental health and
behaviour which ultimately necessitated his detention under the Mental Health Act. There was then
nowhere suitable to detain him under Section 2 of the Mental Health Act.
Page 1 of 3
Since 2022 we have reviewed the functioning of the Dynamic Support Register (DSR) across
Cambridgeshire and Peterborough and associated Care and Treatment Reviews. The Dynamic Support
Register works across the whole Integrated Care System to prevent unnecessary hospital admissions for
people with learning disabilities and autism of all ages. The process of the Dynamic Support Register
uses a risk stratification approach to identity people at risk of admission to a mental health hospital, allow
multidisciplinary teams to work together to review the needs if each person on the register, and mobilise
the right multi-agency support to help prevent hospital admission.
We have:
•
Identified clear and robust criteria for rating individual risk and ensured this is consistent across
Cambridgeshire and Peterborough.
• Ensured that Standard Operating Procedures (SOPs) are in place for both children and adults.
The outcome of which is to clarify actions and responsible commissioners for the care that care
that the review decides is indicated.
Care Treatment Reviews are a critical component to keep someone with a Learning Disability and Autism
well cared for and out of hospital. They are triggered through the process of the Dynamic Support Register.
We have:
• Trained more people to undertake these reviews.
• Established a register of people who can chair an emergency Care Treatment Review as required.
The availability of other placement options so admission to hospital can be avoided
Concern (1) The evidence revealed that there is currently a widespread shortage of available
placements for someone with Declan’s complex needs both in the community and within the NHS.
Concern (3) The Section 136 suite was completely inappropriate. Declan’s mental health and
behaviour declined further and ultimately resulted in his death
Concern (4) Declan was in crisis for several months – the facilities were simply not available in the
community and once detained, in order to prevent his death
We agree that there is currently a widespread shortage of available placements for someone with Declan’s
complex needs both in the community and within the NHS.
Generally, we do not commission these beds on our own as an ICB as they tend to be for welfare and not
for medical treatment. We do tend to commission these beds jointly with our Local Authority colleagues.
As availability of these types of beds is a nation-wide issue, we have raised our concerns on the difficulty
in finding them with NHS England.
The Cambridgeshire and Peterborough Learning Disability and Autism Board reports into the ICB Quality
Performance and Finance Committee and has a Quality Improvement Programme work underway. One of
the five priority programmes of work across the system to find a solution and build contingency plans and
processes for when there is no accommodation and or no staffing available to meet the needs of someone
who has a learning disability and is in mental health crisis. Locally, a short pilot community crisis bedded
model was implemented from November 2023 to April 2024 with service development funds from NHS
England and the understanding from this pilot is informing the improvement work which will report to the
ICB Quality Performance and Finance Committee in early 2025.
Page 2 of 3
Historically care for people with Learning Disabilities has been delivered by the Learning Disability
Partnership which is a joint agreement between the CCG/ICB and Cambridgeshire County Council. In this
agreement Cambridgeshire County Council had the lead responsibility for the management of care for the
people with learning disabilities. Declan’s care was delivered via this arrangement. In November 2022, a
joint review of the Learning Disability Partnership commenced. The results of this review and the outcomes
of the system learning event being held on 12th December 2024, will support the formation of a new service
model for patients like Declan.
We recognise the importance of learning all that we can from tragic events like this one and of taking action
to change services to improve the outcomes and experiences for local people.
Please do not hesitate to contact us should you need any further information.
Yours sincerely
MA FRCP MRCGP FFPH DTM&H
Chief Medical Officer
Chief Executive
Page 3 of 3
Minister of State for Care 39 Victoria Street London SW1H 0EU 13 January 2024 Our ref: HM Coroner Simon Milburn Area Coroner, Cambridgeshire & Peterborough Coroner’s Service, Lawrence Court Princes Street Huntingdon PE29 3PA By email: Dear Mr Milburn, Thank you for the Regulation 28 report of 23rd October 2024 sent to the Department of Health and Social Care about the death of Declan Morrison. I am replying as the Minister with responsibility for adult social care. I would like to say how saddened I was to read of the circumstances of Declan’s death and I offer my sincere condolences to Declan’s family and loved ones. The circumstances your report describes are very concerning and I am grateful to you for bringing these matters to my attention. In preparing this response, my officials have made enquiries with the Care Quality Commission to ensure we adequately address your concerns. NHS England will be providing a separate response. Your report highlights a shortage of suitable placements in the community and in the NHS for people with complex needs, leading to the longer-term use of a Section 136 Suite. I am clear that we want people to be supported in the community with the care that is right for them. In order to achieve this, we are committed to building consensus on the long-term reform needed to create a National Care Service based on consistent national standards. We will set out next steps for a process that engages with adult social care stakeholders, including cross-party and people with lived experience of care. Under current NHS England statutory guidance, published 9 May 2023, Integrated Care Boards (ICBs) are expected to assign an executive lead role for learning disability and autism to a suitable board member. The named lead is expected to support the board in planning to meet the needs of its local population of people with a learning disability and autistic people and to have effective oversight of, and support improvements in, the quality of care for people in a mental health, learning disability and autism inpatient setting. I was concerned to read that Declan spent several months in crisis. To support those needing mental health crisis support, there are now around 600 new or expanded crisis alternative services in England such as crisis cafes, safe havens, crisis houses. £150 million in capital funding was made available across 2023/24 and 2024/25 for new projects to support mental health crisis response and urgent and emergency mental health services. And an additional £26 million investment for new mental health crisis centres was announced in the Autumn Budget to reduce reliance on accident and emergency departments. As highlighted in your report, when no suitable placement could be found Declan was then detained under Section 2 of the Mental Health Act .Through our proposed reforms to the Mental Health Act 1983 (MHA), as set out in the Mental Health Bill introduced to parliament on 6th November 2024, integrated care boards (ICBs) will have a legal duty to ensure hold Dynamic Support Registers of people with a learning disability and autistic people who have risk factors for detention under Part II of the MHA. The Dynamic Support Register is intended to improve monitoring of the needs of, and support for, people who may be at risk of going into crisis and being detained under Part II of the MHA. Further, the Mental Health Bill would place a duty on ICBs and local authorities to have regard to information on the Dynamic Support Register when exercising their commissioning and market shaping functions under the NHS Act and Care Act respectively. Both ICBs and local authorities would have a duty to seek to ensure the needs of people with a learning disability and autistic people can be met without detaining them under Part II of the MHA. Individual trusts and local health systems are expected to effectively assess and manage bed capacity, the ‘flow’ of patients being discharged or moving to another setting and the availability of specialist units. NHS England’s 2024/25 priorities and operational planning guidance reinforces this focus on improving patient flow as a key priority – with local health systems directed to reduce the average length of stay in adult acute mental health wards to deliver more timely access to local beds. And in areas where there is a clear need for more beds, this has been addressed in part through investment in new units, as part of a whole system transformation approach. I also noted your report highlighted that staff were not appropriately trained to care for Declan. This is clearly vitally important in ensuring people get the right support. The Health and Care Act 2022 sets out that, from 1 July 2022, CQC registered service providers are required to ensure their staff receive learning disability and autism training appropriate to their role. This includes staff working in mental health inpatient settings. In October 2024, the Care Quality Commission (CQC) held a decision review meeting and have asked the Cambridgeshire and Peterborough NHS Foundation Trust to supply further information, including any investigation reports and what learning they have taken to mitigate future risk to others. The CQC continue to monitor the service as part of their ongoing engagement with the Trust and will consider any areas of concern and how these have been addressed. Thank you once again for your report and the concerns that you have highlighted. I am determined that we improve the care and support to address the concerns raised in your report in relation to the care of Declan. The right support in the community can help prevent needs escalating so that detention is only ever where absolutely appropriate, and it must be high quality should that admission take place. Yours sincerely,
Simon Milburn
HM Area Coroner
Cambridgeshire & Peterborough Coroner Service
Lawrence Court
Princes Street
Huntingdon
PE29 3PA
National Medical Director
NHS England
Wellington House
133-155 Waterloo Road
London
SE1 8UG
18 December 2024
Dear Coroner,
Re: Regulation 28 Report to Prevent Future Deaths – Declan Gordon Gerard
Morrison who died on 2 April 2022.
Thank you for your Report to Prevent Future Deaths (hereafter “Report”) dated 23
October 2024 concerning the death of Declan Gordon Gerard Morrison on 2 April
2022. In advance of responding to the specific concerns raised in your Report, I would
like to express my deep condolences to Declan’s family and loved ones. NHS England
are keen to assure the family and the Coroner that the concerns raised about Declan’s
care have been listened to and reflected upon.
Your Report raises concerns regarding the availability and provision of residential care
and mental health placements for people with complex needs in the community and
within the NHS. My response has been informed by the Learning Disability and Autism
Programme team at NHS England. We very much recognise the importance of there
being the right mental health support and care for people in their local area, including
for people like Declan who may have multiple, complex and/or high levels of need.
In 2024/25, NHS England made available £124 million for local areas to invest in
community services to help prevent the need for admission to mental health hospitals
for people with a learning disability and autistic people. In line with the commitments
set out in the NHS Long-Term Plan published in 2019, we would expect local areas to
have community alternatives to hospital in place, including crisis and intensive support
for people at greatest risk of admission.
In line with NHS England’s Care (Education) and Treatment Review and Dynamic
Support Register policy (NHS England » Dynamic support register and Care
(Education) and Treatment Review policy and guide), we would expect each local
system to have an awareness of people with a learning disability and autistic people
in the local area who are at risk of a mental health hospital admission, so that agencies
can plan and put in place support that may help to keep the person living well in the
community.
NHS England has worked with the Local Government Association and the Association
of Directors of Adult Social Service to develop a set of guiding principles, published in
2023 (NHS England » Joint guiding principles for integrated care systems – learning
disability and autism) for integrated care systems, setting out how partners in local
systems can work together to improve the lives and outcomes of people with a learning
disability and autistic people, of all ages. It includes guidance on commissioning the
right community services to meet the needs of people with a learning disability and
autistic people.
NHS England has also commissioned six new Neighbourhood Mental Health Centres,
offering 24/7 community support for individuals with serious mental illness. These
centres integrate crisis intervention, community support, and open access beds to
facilitate extra support, tailored to local needs. This includes support for people who
have a learning disability and who are autistic. These Mental Health Centres in local
neighbourhoods enable individuals to visit without a referral, to receive help from a
range of professionals including psychiatrists, social workers, and peer support
workers, and support such as psychological therapies, medication support, and
assistance with related issues such as housing or employment. Each centre, led by
an NHS provider, will work in partnership with people with lived experience, as well as
voluntary, charity, faith and social enterprise organisations. The two-year pilot
programme is across six neighbourhoods, all of which have their own marginalised
populations that do not tend to have access mental health services. The pilot sites
received their first funding allocation in July 2025, and this will continue into 2025/26.
We note that your Report is also addressed to Cambridgeshire and Peterborough
Integrated Care Board (ICB), the responsible commissioner for Declan’s care, and we
are aware they have responded to the Coroner separately to outline the learning they
have undertaken in response to this case and the next steps they will be taking to
enhance service development for complex patients. We are aware that this includes
work to better support patients under a Mental Health Act and an outline of the ICB’s
work to transform services for people with mental health, learning disabilities and
autism, including ensuring that there is no inappropriate detention of individuals with
learning disabilities and/or who are autistic.
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
Declan, 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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