Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0689, written 16 Dec 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 16 Dec 2024 |
|---|---|
| Reference | 2024-0689 |
| Deceased | Matthew Sheldrick |
| Coroner | Penelope Schofield |
| Coroner area | West Sussex, Brighton and Hove |
| Category | Hospital Death (Clinical Procedures and medical management) related deaths · Suicide (from 2015) · Mental Health related deaths |
| Organisation named | Sussex Partnership NHS Foundation Trust · University Hospitals Sussex NHS Foundation Trust |
| 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:
Chief Executive Integrated Care Board
1 CORONER
I am Penelope Schofield, Senior Coroner, for the coroner area of West
Sussex and Brighton and Hove
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 23rd November 2022 I commenced an investigation into the death of
Matthew Zak Sheldrick (Matty). Matty identified as non-binary and preferred
the use of the pronouns they and them.
The investigation concluded with the Inquest being held over a two-week
period which concluded on Friday 13th December 2024.
At the end of the Inquest, I concluded that:
On 3rd November 2022 at around 02.21 Matty had attended Accident &
Emergency at the Royal Sussex County Hospital in crisis following a further
deterioration in their mental health. This was the second admission in no
less than 5 weeks. During this second admission they were experiencing
intense suicidal thoughts.
Later on 4th November 2022 they were formally assessed under the Mental
Health Act and the decision taken was not to detain them. Provision was
however made for Matty to be able to stay in the hospital that night if they
wished.
However, Matty left shortly afterwards and tied a ligature around their neck
and suspended themself from
Regulation 28 – After Inquest
Document Template Updated 30/07/2021
. Their intentions at the time of carrying out this act remain
unclear.
The following issues contributed to their death:-
1. The fact that Matty’s private housing accommodation, which had been
arranged following their move to Brighton, was not suitable due to their
ongoing sensory issues.
2. The fact that there had been no psychiatric bed available to Matty
during their first admission to Accident and Emergency Department in
September. They stayed in the Accident and Emergency department for 26
days during their admission between 5th and 30th September 2022. This
meant that there was no meaningful therapeutic input at that time.
3. The fact that Accident and Emergency Department was not a suitable
environment for a neurodivergent individual and the 26-day period of their
stay contributed to the deterioration of their mental health difficulties.
4. The fact that there was a general lack of inpatient bed provision for
informal patients and in particular for those who are autistic and non-binary
who require to be on a mixed ward.
5. The fact that Matty was discharged from the Crisis Resolution Home
Treatment Team on 18th October 2022 before being picked up by
Assessment and Treatment Service. This left a gap in service provision for
Matty.
6. The rigidity of the referral process to Transforming Care in Autism team
(TCAT) meant that Matty was unable to access specialist advice and
resources whist in A&E or in the community.
7. The fact that the mental health assessment carried out during this
second admission did not take into account the following:-
- The views and observations of the nearest relative, Matty’s mother. -
Matty’s preferred communication aids and in particular Matty’s
communication book.
- The need for Matty to have an advocate present during the
assessment and give consideration to the use of idiosyncratic
language.
- The extent of Matty’s deteriorating mental state and their increasing
risks in the context of their neurodivergence.
- The fact that Matty’s change of behaviour during the assessment may
be due to:-
a) the fact that Matty had been given diazepam
b) the fact that Matty may have been able to mask their distress.
- Too much emphasis was placed on Matty’s presentation within the
assessment itself.
8. There was a lack of discharge care planning documented after the
assessment on 4th November 2022 particularly if Matty decided to leave
before the morning. This led to confusion within the A&E department when
Matty decided to leave the hospital.
Regulation 28 – After Inquest
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BRIEF CIRCUMSTANCES OF THE DEATH
Matty had struggled with their mental health throughout their adult life, but
it wasn’t until 2019 that Matty was finally diagnosed with Autism. ADHD and
Autistic Spectrum Disorder. However, they had never been sectioned under
the Mental Health Act or had spent time as a voluntary patient in a mental
health hospital.
Matty had moved to Brighton from Surrey in November 2021 having wanted
to live independently. They were drawn to Brighton as they wished to be
involved in the trans/non-binary community.
Matty’s mental health deteriorated during the summer of 2022 due to
accommodation issues that they had been facing and issues with an online
relationship. By 3rd September they were in crisis.
On 5th September 2022 Matty was admitted to A&E at the Royal County
Hospital, Brighton. They remained within A&E, short stay ward, for 26 days
awaiting a psychiatric bed. During this time no bed was found, and they
were eventually discharged back home with support from the Crisis Home
Treatment Team. Matty’s mental health had been affected by the
unsuitability of the environment within A&E for someone awaiting an
inpatient mental health bed.
Less than 5 weeks later Matty was again admitted to the A&E department at
the Royal Sussex County Hospital on 3rd November 2022 in crisis. Their
presentation fluctuated and this led to them being assessed under the
Mental Health Act. However, they were not found to be detainable. They
left the hospital shortly after the assessment and were sadly found hanging
in the grounds of the hospital.
5 CORONER’S CONCERNS
During 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:
1. The lack of inpatient beds leading to the unacceptable wait time in
A&E for those suffering with their mental health who are awaiting
beds. In Matty’s case a bed was not found for them within a 26-day
period.
2. There being a shortage of beds for Autistic patients (both informal
and detained) within the private sector that are being funded by the
Regulation 28 – After Inquest
Document Template Updated 30/07/2021
ICB. Evidence was heard that those providing beds within the public
sector very often refused to accept autistic patients due to their
additional risks.
3. There being a shortage of beds for transgender patients who are in
need of a mixed ward.
4. In Matty’s case it appears there was a lack of appreciation by the ICB
of his extensive length of stay in A&E. It appears that this
information (and others who had lengthy stays) was not at that time
being collected, monitored and acted on by the ICB.
5. The unsuitability of the environment of A&E as a holding place for
those in need of a mental health bed. The evidence was that the
environment in A&E as a holding place is not conducive for those
suffering with Autism and/or who are neurodiverse. The environment
in A&E can exacerbate and cause further deterioration in their mental
health.
6. There is a gap in services for those who are not ill enough to be
detained but who are too high risk to be sent home.
7. There is a significant wait time for referral to the Assessment and
Treatment Service. Therefore, any therapeutic input is delayed, and
this results in repetitive attendances at A&E when in crisis.
8. Current gaps in service around psychosocial support for transgender,
non-binary and intersex adults have been provided by third party
charitable organisations. It is understood that much of their funding
has recently been withdrawn by the ICB. This is of particular concern
as Brighton is recognised as having one of the largest trans
communities in the Country
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 10th February 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.
8 COPIES and PUBLICATION
I have sent a copy of my report to the Chief Coroner and to the following
Interested Persons:-
Regulation 28 – After Inquest
Document Template Updated 30/07/2021
a) The family of Matty Sheldrick
b) Sussex Partnership Foundation Trust
c) Brighton and Hove City Council
d) University Hospital Sussex Trust
e) GP Practice - WellBn
f) The Clare Project
g)
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: 16/12/2024
Penelope SCHOFIELD
Senior Coroner for West Sussex, Brighton and Hove
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.
Ms Penelope Schofield Senior Coroner County Records Office HM Coroners Office Orchard Street Chichester West Sussex PO19 1DD 10 February 2025 Dear Mrs Schofield NHS Sussex Sackville House Brooks Close Lewes East Sussex BN7 2FZ Tel: 0800 433 4545 E-mail: Website: www.sussex.ics.nhs.uk I write in response to your Regulation 28 report dated 16.12.2024 setting out your concerns after hearing evidence at the Inquest relating to the death of Matthew Zack Sheldrick. I wish to begin by extending my sincere condolences to Matty’s family and friends. The inquest proceedings must have been an extremely difficult time for them, and I hope that my response provides them and you with assurances that NHS Sussex Integrated Care Board (ICB) has taken action to address the issues set out in your Regulation 28 report. I address your concerns as follows: The lack of inpatient beds leading to the unacceptable wait time in A&E for those suffering with their mental health who are awaiting beds. In Matty’s case a bed was not found for them within a 26-day period. The role of the NHS Sussex is to commission services based on local needs, working with partners within the NHS, councils and voluntary sectors to deliver high quality care. NHS Sussex commissions Sussex Partnership NHS Foundation Trust (SPFT) to provide most of the mental health services for Sussex. NHS Sussex commissions a comprehensive range of mental health and learning disability services from SPFT for all ages. This includes inpatient beds for children, adults and older people. Nationally, there has been an increased demand on mental health services since the end of the COVID 19 pandemic and NHS Sussex recognises this demand locally. There are 493 adult inpatient mental health beds commissioned in Sussex (note, this relates only to adult inpatient beds, and it should be noted that Sussex Partnership Foundation NHS Trust also provide other inpatient beds such as forensic beds and child and adolescent mental health beds). This includes 453 delivered by Sussex Partnership and 40 beds in the independent sector. Of these 453 beds, 302 are acute care beds, 91 are rehabilitation beds, 50 are dementia care beds and 10 are specialist learning disability beds. By the end of March 2025, this will increase, including 27 acute beds (net increase 17). A business case for further beds in 2025-26, to ensure timely access to inpatient care when required, is being developed. To note, Sussex benchmarks above average for the number of beds in acute mental health wards for benchmarked areas nationally (as of 31st March 2023). There are 25 beds per 100,000 population in Sussex, compared to a national mean of 23, where the upper quartile is 27 and the lower quartile 17.4. This position does not change when looking at weighted population whereby in Sussex the beds per 100,000 weighted population is 23.3. compared to a national mean of 18.9. In Matty’s case it appears there was a lack of appreciation by the ICB of their extensive length of stay in A&E. It appears that this information (and others who had lengthy stays) was not at that time being collected, monitored and acted on by the ICB. In 2021, NHS Sussex did not routinely capture information on the numbers of mental health patients waiting in emergency departments. Since then, we have improved our oversight of patients who have increased waits within A&E’s. Since 2023 high-level data (numbers not patient details) is now provided to NHS Sussex through a ‘live’ reporting system called SHREWD. This information includes patients who are waiting for a mental health bed. The patient data is available across the system for use by Providers, ICBs and regional NHS England colleagues. All patients waiting for an inpatient mental health bed both within the community and hospital settings are clinically assessed by SPFT and are prioritise in accordance with their level of clinical risk. SPFT sets the criteria used to prioritise patients. Since June 2024, NHS Sussex has received improved oversight of the total number of patients waiting for over 24 hours within the A&E Departments across Sussex. These individual high-level patient details are reviewed by a multi-disciplinary group at NHS Sussex who support an escalated conversation between the provider and the commissioners to support improvement and to support the movement of patients between services in order to help to reduce the waiting times in the Emergency Departments. From January 2025, there is an escalated Executive led system call with University Hospitals Sussex NHS Foundation Trust and other health and social care organisations on a twice weekly basis to support individual patient level escalations. The system will evaluate the effectiveness of this during Quarter 4, 2024/25. NHS Sussex would therefore be aware of any patient experiencing an extensive stay in A&E in 2024 because that data is now captured and there is a clear system in place for escalation, monitoring and action. There being a shortage of beds for Autistic patients (both informal and detained) within the private sector that are being funded by the ICB. Evidence was heard that those providing beds within the public sector very often refused to accept autistic patients due to their additional risks. Providers are funded to deliver care to all patients including patients with protected characteristics. Protected characteristics include people with a learning disability and people with autism. There is no separate funding in Sussex for mental health beds for autistic people. SPFT, as the lead provider for mental health services across Sussex, manages the totality of the mental health inpatient bed capacity and commission additional independent providers to provide capacity. Each provider admits patients to the most appropriate bed to meet their need. In addition, NHS Sussex commissions the Transforming Care Autism Team (TCAT) to support with admission avoidance, discharges facilitation, care and treatment review and clinical advice for autistic people at risk. They undertake assessments of individuals and their families, and develop care plans alongside the service user, their family and clinical team to manage ongoing risks. There is regular review of these plans. They ensure that best practice is embedded in care and that reasonable adjustments have been considered NHS Sussex has not had any formal reports that providers within the public or private sector are refusing autistic patients due to their additional risks. As a result of the feedback shared during Matty’s inquest, NHS Sussex will formally request a review of the use of all SPFT inpatient beds and subcontracted inpatient beds to provide oversight to ensure patients’ needs are accommodated appropriately, including autistic patients. This will be formally requested at the Quality Review Meeting in April 2025, which is a regular assurance meeting that takes place each month between NHS Sussex and each of the statutory providers in Sussex. There being a shortage of beds for transgender patients who are in need of a mixed ward. SPFT as the lead provider manages the inpatient bed capacity to best support the needs of all mental health patients in Sussex and they clinically prioritise accordingly. SPFT can flex their capacity on a gender basis within their overall number of beds. SPFT offer mixed sex beds within their bed base. As the commissioners, we do not specify the numbers of mixed sex beds as this is dependent on demand and capacity. NHS Sussex funds SPFT to also commission 40 additional independent sector beds, with an additional 12 interim independent sector beds commissioned for 2024/25. In 2011, the Department of Health wrote to all NHS Chief Executives to eliminate mixed sex accommodation with further National Guidance in 2019 regarding the delivery of same-sex accommodation to prioritise the safety, privacy and dignity of all patients with a move to ensure people are treated where possible in single sex wards. Care Quality Commission report Sexual Safety on Mental Health Wards 2018 national guidance on reducing mixed sex accommodation on mental health wards in conjunction with other initiatives such as staff management of the physical environment and the use of therapeutic engagement. SPFT where possible offer single sex accommodation to safeguard people’s privacy and dignity. Where mixed sex accommodation is available men and women are in separate bays or rooms and have access to gender specific toilet and washing facilities. SPFT have a Mixed Sex Accommodation Policy Maximising Individual Dignity, which states where possible transgender patients are accommodated according to their preference (this may consider the pronouns that they currently use), with all transgender patients cared for in single rooms. NHS Sussex to undertake a review of the availability of mixed sex beds during quarter 1 2025/26 at the SPFT Quality Review Meeting. The unsuitability of the environment of A&E as a holding place for those in need of a mental health bed. The evidence was that the environment in A&E as a holding place is not conducive for those suffering with Autism and/or who are neurodiverse. The environment in A&E can exacerbate and cause further deterioration in their mental health. We recognise a busy A&E is a challenging environment for mental health and/or neurodiverse patients. Reasonable adjustments can be made and alternative services to A&E are available for people in crisis. The escalation calls now in place should result in people with mental health needs who may also be neurodiverse waiting less time in A&E so that it is not used as a holding place although at times of increased demand it may still mean that some people have to remain in A&E for longer than we would like. NHS Sussex has no role in the set up or environment of an NHS Provider, however, updates are required for any new construction projects. For existing environments, it is the responsibility of NHS provider organisations to ensure they follow national guidance on the built environment and undertake national risk assessments. University Hospitals Sussex NHS Foundation Trust has an urgent and emergency care plan for each site where it delivers Emergency Department services. This includes investment, improvement, and innovations that will help provide better access to emergency and urgent care for patients. The Royal Sussex County Hospital, Brighton has started a £50 million acute floor reconfiguration programme with support from patient engagement group, involving community organisation leaders representing different demographics including neurodivergence, non-English speaking and physical disability, along with Healthwatch. There is a gap in services for those who are not ill enough to be detained but who are too high risk to be sent home. A number of community services are provided across Sussex to support people who require mental health crisis support which include Text Sussex (24 hrs support), Crisis Resolution Team and staying well services. These services have been developed over recent years based on national guidance. The Havens is an additional service provided across Sussex which provides a dedicated 24-hour mental health crisis assessment facility for people over age of 18 years. Following clinical assessment, a patient who is not detained under the Mental Health Act but remains high risk to be sent home with community services support could be recommended for voluntary admission to an inpatient bed. NHS Sussex will ensure SPFT undertake an audit of potential voluntary admission to test the pathway of services available. This will be delivered through quarter 1 2024/25. There is a significant wait time for referral to the Assessment and Treatment Service. Therefore, any therapeutic input is delayed, and this results in repetitive attendances at A&E when in crisis. NHS Sussex has oversight of all performance targets and waiting times and has assurance conversations monthly with SPFT. NHS Sussex has the overarching commissioning responsibility for the totality of the contract with the SPFT, however the flexibility within the services is the responsibility of the Trust. The Trust report to NHS Sussex on performance both internally and publicly and manage the risks within their services. NHS Sussex has not received a formal report from providers that there is a significant risk for referral to the Assessment and Treatment Service. NHS Sussex will monitor the waiting times for the Assessment and Treatment Service to identify delays and manage improvement through the Quality Review meeting with SPFT. A monthly Quality Review Meeting is held with the SPFT to review the overall safety, experience, and clinical effectiveness of SPFT services as part of the NHS Contract. Current gaps in service around psychosocial support for transgender, non-binary and intersex adults have been provided by third party charitable organisations. It is understood that much of their funding has recently been withdrawn by the ICB. This is of particular concern as Brighton is recognised as having one of the largest trans communities in the Country NHS Sussex has funded specific engagement projects to hear from and listen to the Trans, Non- Binary, or Intersex (TNBI) community via voluntary, community and social enterprise organisations. Through national health inequalities funding, there was specific funding for engagement to support Lived Experience insight for a Trans Healthcare Board in 2023-24. The Board included members from the transgender community. This was so that NHS Sussex could hear from the community about their experiences of healthcare in Sussex. This was limited one-year national funding. NHS Sussex has continued funding some work with local community organisations who support TNBI people and their families, to make sure we continue to listen to and embed the lived experiences of this community into the services we offer. NHS Sussex has funded The Clare Project to support an engagement officer role, for an engagement event and to fund some targeted engagement for primary care materials In 2022, we established a locally commissioned service (LCS) to ensure there was dedicated care and support in place. Through this service, in the last year, more than 5,000 people received direct healthcare and prescribing support in its first year, and 1,000 of these also received further health checks, to ensure their specific health needs were being met by local services. Across Sussex, there are 101 GP practices signed up to provide this healthcare support and they will actively engage with their registered patients. The financial spend on activity for both parts of the LCS ‘prescribed and monitored’ and ‘annual review completed’ is increasing each year. Further to this, there is a Gender Identity Service and we have also continued funding to work with local community organisations who support TNBI people and their families, to make sure we continue to listen to and embed the lived experiences of this community into the services we offer. Thank you for bringing your concerns to my attention. I hope that we have provided you and Matty’s family with some assurance that NHS Sussex has taken steps to address the concerns outlined in your report and that we are continuing to take action to prioritise patient safety. Thank you for raising this matter with me and please contact me if I can be of any further assistance. Yours sincerely, Chief Nursing Officer On behalf of NHS Sussex
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