Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0615, written 11 Nov 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 11 Nov 2024 |
|---|---|
| Reference | 2024-0615 |
| Deceased | Alison Binyon |
| Coroner | Sophie Lomas |
| Coroner area | Derby and Derbyshire |
| Category | Mental Health related deaths · Hospital Death (Clinical Procedures and medical management) 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 Adult Social Care, Leicestershire County Council 1 CORONER I am Sophie LOMAS, Assistant Coroner for the coroner area of Derby and Derbyshire 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 19 September 2019 I commenced an investigation into the death of Alison BINYON aged 24. The investigation concluded at the end of the inquest on 31 October 2024. The conclusion of the inquest was that Alison died due to misadventure. The Medical Cause of Death was: 1 (a) Hypoxic / Ischemic Brain Injury (b) Compression of neck by ligature 4 CIRCUMSTANCES OF THE DEATH Alison had a long history of mental health difficulties and a formal diagnosis of Emotionally Unstable Personality Disorder on a background of Post-Traumatic Stress Disorder. At the time of her death Alison was residing in a residential home which offered specialist support for those with enduring mental health illness. She was supported in the home and received psychological therapy. She was also supported by her local Community Mental Health Trust. Alison’s living arrangements were on a voluntary basis; there were no restrictions on her movements or liberty. Her placement was funded jointly between the local authority and ICB under s.117 of the Mental Health Act 1983. Alison was content with her living arrangements but in June 2019 a decision was made that her mental health had stabilised and that she would therefore be moving to step-down accommodation at some point in the near future. As part of her condition, Alison regularly engaged in acts of self-harm which included episodes of ligation. Against that background, on the evening of 11th September 2019 a staff member went to check on Alison and and found her unresponsive on her bed where early CT scans showed a suspected hypoxic brain injury. Over the course of the following day Alison’s physiological condition continued to deteriorate and tests confirmed death by neurological criteria. She sadly died on the 13th September 2019. . An ambulance was called and Alison was taken to hospital The court heard evidence that at the time of her death Alison was experiencing several stressors that were causing her anxiety and making her urges to self-harm stronger. This included anxiety about the move from her residential placement and concerns around her benefit entitlements. It is likely that these factors acted as triggers for the self-harm episdose that led to her death. CONTROLLED Regulation 28 – After Inquest Document Template Updated 30/07/2021 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) The court heard evidence from the Adult Social Care Team that communication with service users around moving accommodation needs to be managed carefully as false assurances can undermine trust between the service user and the supporting team. The court further heard that uncertainty can be a potential stressor or trigger for self-harm for those with a diagnosis of Emotionally Unstable Personality Disorder. There is an inherent uncertainty in the timescales for moving as it depends on the availability of suitable accommodation and the situation therefore requires careful management and communication. Whilst consideration had been given to conversations with the service user in this situation, the court heard evidence from those supporting Alison (including community mental health nurses) that they were unclear on the stage the process had reached, the specific steps of the process and the likely timescales involved. This affected the type of support they could provide. There was a lack of evidence of a specific approach or policy addressing how the process can be clearly communicated to those supporting service users in the community. Further, no internal review was carried out at Leicestershire County Council following Alison's death. If such reviews are not conducted this could lead to inadequate learning from deaths which creates a risk of further deaths. 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 January 06, 2025. 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 The family of Alison Binyon Derbyshire Healthcare NHS Foundation Trust Aspire Health Care 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. CONTROLLED Regulation 28 – After Inquest Document Template Updated 30/07/2021 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: 11/11/2024 Sophie LOMAS Assistant Coroner for Derby and Derbyshire CONTROLLED 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.
Miss Sophie Lomas His Majesty’s Assistant Coroner for Derby and Derbyshire St Katherine’s House St Mary’s Wharf Mansfield Road Derbyshire DE1 3TQ PRIVATE AND CONFIDENTIAL Dear Miss Lomas, 06 January 2025 Date: My Ref: Your Ref: Contact: Phone: Fax: Email: Regulation 28: Report to Prevent Future Deaths Inquest into the death of Alison Binyon – concluded on 31 October 2024 I am writing in response to the Regulation 28 Report to Prevent Future Deaths (RPFD) made under paragraph 7, schedule 5 of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013 on the 11th November 2024, following the inquest into the sad death of Alison Binyon. I take the matters of concern identified in section 5 of the RPFD in turn and respond to these as follows: 1. Communication “Whilst consideration had been given to conversations with the service user in this situation, the court heard evidence from those supporting Alison (including community mental health nurses) that they were unclear on the stage the process had reached, the specific steps of the process and the likely timescales involved. This affected the type of support they could provide. There was a lack of evidence of a specific approach or policy addressing how the process can be clearly communicated to those supporting service users in the community of a specific approach or policy addressing how the process can be clearly communicated to those supporting service users in the community.” Adults and Communities Leicestershire County Council, County Hall, Glenfield, Leicestershire LE3 8RL www.leics.gov.uk It is acknowledged that a change in accommodation can result in period of uncertainty in any individual’s life and this can be particularly unsettling where that individual has a history of significant mental health difficulties and has spent a period residing in a specialist residential setting, as was the case here. In such circumstances any proposed or actual changes in accommodation require very careful management and consideration alongside clear and effective communication with both the individual and the professionals or multi- disciplinary team (MDT) supporting that individual. A lack of clear communication between professionals supporting an individual can impact on the type and effectiveness of professional support provided to them. The Adult Social Care Team have carefully considered this matter and reviewed my department’s current processes and policies around communication with individuals and other agencies supporting accommodation moves proposed and actual. As a result, the team are improving our current processes by creating a visual flowchart of the accommodation process from beginning to end so that all those involved can clearly see what the next steps are and how close the individual is to any proposed move. Within the flow chart, Adult Social Care workers will be reminded that they must include the MDT working with the individual concerned (including care providers and Community Mental Health Teams) so that accurate information can be shared regarding future plans, and appropriate actions taken. To improve communication with those supporting or close to an individual, this flowchart will be shared with an individual, their current care provider, family or friends’ representatives so that uncertainty around the process is minimised. This flow chart is in the planning stages; it will be introduced in February 2025. It should be noted that timeframes for any change of accommodation can often be unpredictable due to a range of factors including availability of a particular property, procurement processes to identify support providers and legal or administrative steps to begin a tenancy. Communication at each step of the process needs to be clear, and where uncertainty arises there is a plan in place with all involved to provide reassurance to the individual at the centre and those supporting the individual. The Adult Social Care Workers will be provided with communication from the department within our weekly internal newsletter, which directs them to our key goal: that staff are aware of the need to reassure individuals at each stage of the process, check for clarification of understanding, and ensure that providers and other professionals are made aware of any raised anxiety levels. The newsletter will also direct staff to be person-centred when considering the date or timescales of a move and to avoid any periods of time where an individual may already be experiencing stress or anxiety. This information will be included in the newsletter circulated week commencing 13th January 2025. 2. Internal Review “Further, no internal review was carried out at Leicestershire County Council following Alison's death. If such reviews are not conducted this could lead to inadequate learning from deaths which creates a risk of further deaths.” My understanding is that on the fourth day of the inquest, clarification was sought from, and provided by Counsel representing Leicestershire County Council on the fact that Leicestershire County Council had not carried out an internal review in this case and the reasons for the same, but that during the course of the inquest witness evidence and submissions were not sought on Leicestershire County Council’s internal investigation processes. Nevertheless, in light of this concern being raised in the RPRD, I have considered this matter and consultation has occurred within the department around the internal review process for when an unexpected death occurs. There are existing policies and procedures already in place in line with the statutory duties on local authorities to make safeguarding adults enquiries under s42 of the Care Act 2014 including responding to Safeguarding Alerts and undertaking Safeguarding Enquiries. As explained during the inquest, in Alison’s case, Derbyshire County Council’s adult social care department were the lead authority for the s42 enquiry. However, we acknowledge that there is a need to communicate clarity around roles and responsibilities for Leicestershire County Council as the commissioning authority where an individual is living outside of this authority’s geographical area, as was the case here. Furthermore, staff have been reminded that strategy discussions and meetings should clearly detail any elements of a Safeguarding Enquiry that are being delegated by the host authority to any other parties. The RPRD has identified the need for an internal review process also. Accordingly, a procedure has been developed for all Adult Social Care managers which will go live in January 2025 to ensure that where an unexpected death occurs, an internal review takes place to consider the departments involvement, the views of those involved, and whether there are any specific learning points or amendments to policies or processes required. Yours sincerely Director of Adults & Communities • S0001 Adults & Communities
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