Prevention of Future Deaths reports · 2025

Matthew Lynch

Regulation 28 report to prevent future deaths, reference 2025-0119, written 4 Mar 2025. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report4 Mar 2025
Reference2025-0119
DeceasedMatthew Lynch
CoronerLouise Hunt
Coroner areaBirmingham and Solihull
CategoryMental Health related deaths · Other related deaths
Sourcejudiciary.uk record · original PDF
Responses published2

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

Service Evaluation Report: Use of Sections 2 and 3 of the 
Mental Health Act in BSMHFT 

1. Introduction

This report evaluates the application and use of Sections 2 and 3 of the Mental Health Act 
(MHA) by  Section 12 approved Doctors (healthcare professionals) in BSMHFT . It 
particularly focuses on trends, decision-making challenges, and influencing factors. 

Data sources 

1.A service evaluation online  anonymous  survey of all  section 12 approved doctors in 
BSMHFT , 

2.statistical insights, and  data  available  from national  datasets for BSMHFT .

2. Understanding Sections 2 and 3

2.1 Criteria for Applications under section 2 and 3 of the Mental health act 

•

•

Section 2: Applied when a patient requires short-term assessment and treatment  (up 
to 28 days) due to a mental disorder requiring hospital admission for assessment  and 
treatment.
Section 3: Applied for longer-term treatment when the patient’s condition is well 
understood, requiring hospital detention  including  beyond 28 days.

A person can be detained for assessment under section 2 only if both the following criteria 
apply:

The person is suffering from a mental disorder of a nature or degree which warrants their 
detention in hospital for assessment (or for assessment followed by treatment) for at least a 
limited period, 

and 

The person ought to be so detained in the interests of their own health or safety or with a 
view to the protection of others. 

A person can be detained for treatment under section 3 only if all the following criteria apply: 

1.The person is suffering from a mental disorder of a nature or degree which makes it 
appropriate for them to receive medical treatment in hospital 

2.it is necessary for the health or safety of the person or for the protection of other persons 
that they should receive such treatment and it cannot be provided unless the patient is 
detained under this section, and 

3.Appropriate medical treatment is available

 2.2 Considerations for Application

• Nature and Degree of Disorder: Severity, chronicity, and past treatment responses 

are evaluated.

• Protection of Others: Risk factors, including previous history and likelihood of 

harm, are considered.

• Alternatives to Detention: Informal admission is preferred if the patient has capacity 

and consents.

• Legal Conflicts: Mental Health Act (MHA) versus Mental Capacity Act (MCA) 

considerations, particularly in fluctuating capacity cases.
Section 2 should only be used if:

•

the full extent of the nature and degree of a patient’s condition is unclear there is a need to 
carry out an initial in-patient assessment in order to formulate a treatment plan, or to 
reach a judgement about whether the patient will accept treatment on a voluntary basis 
following admission, or there is a need to carry out a new in-patient assessment in order 
to re-formulate a treatment plan, or to reach a judgement about whether the patient will 
accept treatment on a voluntary basis. 

•

 Section 3 should be used if:  

the patient is already detained under section 2 (detention under section 2 cannot  be 
renewed by a new section 2 application), or the nature and current degree of the patient’s 
mental disorder, the essential elements of the treatment plan to be followed and the 
likelihood of the patient accepting treatment as an informal patient are already sufficiently 
established to make it unnecessary to undertake a new assessment under section 2. 

•

 The rationale for decisions to use section 2 or section 3 should be clearly recorded

3. Statistical Overview and Service Evaluation

Uses of Sections 2 & 3

88.1

61.8

BSMHFT

England

48.0

38.6

Section 2

Section 3

Comparing the rate of use of Sections 2 and 3 per 100 000 population between BSMHFT and England.

Note that a renewal of a Section 3 does not count as a 'use' of Section 3 in this comparison.

 3.1 Key Factors Influencing Section 2 vs Section 3 Decisions

A variety of factors influence the decision to use Section 2 instead of Section 3, including bed 
shortages, administrative barriers, and policy constraints. Figure 3 provides a breakdown of 
these key decision-making influences.

3.2 Reasons for AMHP Resistance to Section 3

AMHPs play a critical role in mental health assessments, and their resistance to Section 3 
applications is influenced by several factors, including legal constraints, resource limitations, 
and lack of consensus among professionals. Figure 4 illustrates the key reasons for this 
resistance.

3.3 Use of Sections 2 and 3

A comparative analysis of the use of Sections 2 and 3 per 100,000 population between 
Birmingham and England highlights variations in application rates. Graphical data (Figure 1) 
illustrates how Birmingham exhibits a higher reliance on Section 2 compared to the national 
average, indicating potential systemic preferences or constraints.

3.4 Survey Findings (50 Respondents)

A survey was conducted of All  Section 12 approved doctors in BSMHFT  asking them 

Are you Section 12(2) approved?

o Yes: 100%
o No: 0%

42% of section 12 approved doctors Said they had made section 2 recommendations 
when section 3 would have been more appropriate in their view 

 • Have you recommended Section 2 when Section 3 seemed more appropriate?

o Yes: 42%
o No 58%

• Key Reasons for Choosing Section 2 Over Section 3 when you did not want to :

o
o
o

37% due to AMHP resistance
45% due to lack of beds
18% due to institutional policies i.e section 2 being seen as less restrictive in 
training and reference resources or similar 

4. Challenges in Decision-Making

4.1 Influences on Decision-Making

• AMHP Preferences: Many respondents noted resistance from Approved Mental 

Health Professionals (AMHPs) towards Section 3 applications.

• Resource Constraints: The unavailability of beds was a major factor influencing 
decisions, with practitioners opting for Section 2 due to its lower administrative 
burden.

 • Policy Restrictions: Institutional policies, particularly in University Hospitals 

Birmingham (UHB), discourage direct application of Section 3.

• Legal and Bureaucratic Hurdles: Concerns about completing Section 3 paperwork 

and finding appropriate hospital placements deter its use.

4.2 Notable Comments from Respondents

• Themes 
• AMHPs often insist on Section 2 due to its less restrictive nature, even when the 

patient has a clear established mental illness and  treatment plan and  history are clear 
. This preference may stem from a belief that Section 2 allows for a more flexible and 
immediate approach to patient care, minimizing  burdens such as need for  consent 
from the nearest relative Additionally, AMHPs may be influenced by concerns over 
identified bed availability when the mental health act assessment occurs , which can 
make Section 3  recommendations  more difficult to coordinate and Secure . i.e  
section 3 recommendation requires name of the  hospital to be noted . 

•

• However, this reliance on Section 2 can lead to repeated short-term   rather than 
sustained treatment plans, potentially impacting long-term patient outcomes.
In many cases, the refusal to approve Section 3 was considered by respondents to be  
linked to social service challenges in arranging aftercare.( section 117)
Some professionals reported that AMHPs were reluctant to use Section 3 outside of 
standard hours.

•

• The absence of identifiable beds often led to Section 2 being preferred to avoid 

delays.

I've had an AMHP forcefully argue with me that a 'section 2 is least restrictive' even when a 
patient has an established diagnosis, does not need any period of assessment and had a clear 
treatment plan

Usually AMHP do not agree with the decision to go for sec 3. It is not that the AMHP suggest 
sec 2, it is that they are actively against it as much as they can. Unless I have very strong 
evidence and grounds for section 3 I cannot peruse it. For the AMHP sec 3 comes with 117 
meeting aftercare and arranging for that it is a challenge for social services and amhp. 
Another reason is lack of bed.

AMHPs prefer section 2

Mostly due to AMHP refusing to make application if the recommendations were Section 3 or 
when we are unable to state where the patient will be admitted.

Amhp and second doctor reluctant to put patient on section 3 when admitted informally, if 
they have not been on section 2 in the last few weeks

Patient not known to me or not been under 3. Issues with beds

AMPH suggested

No identifiable bed, social worker felt it was a more favourable option for patient

 Lack of beds availability

Because UHB policy supports Section 2 to start with and discourages straight Section 3, 
UHB objects and wants to know the rationale of jumping a hoop.

AMHP was insistent that s2 was used in all cases, despite patient(s) being known to services 
and not a significant change in their typical presentation when unwell

Suggested as easier option as no specific hospital bed has been identified and to avoid delay 
in completing paperwork.

I work in secure services and may not reflect the resource issues in the wider trust

Pressure on beds, concerns around patient being stuck in hospital

Patient has not been detained under MHA for the last few years, hence suggestion was to use 
a S2 instead of S3, although patient was known to MHS/CMHT.

Patient's nearest relative objected to s3 and it was an urgent situation that required detention 
in hospital.

I was persuaded to do section 3 due to lack of beds. There have been many times when the 
section 3 has been to section 2 by the AMHPs.

I am aware that this has been an issue with my colleagues. I believe the AMHPs are often 
reluctant to go for Section 3, even when there is clear history and consistent patter in 
presentation.

I haven’t done this for a long time, but definitely at some point in the last 5 years. There was 
a push from AMHP to go for Section 2 due to lack of beds and difficulty in finding the medics 
again to add the hospital name once a bed was found if we went for Section 3. Also difficulty 
for medics to know what to put on the Section 3 form for hospital name when no idea where 
bed may be found. Has felt more of a problem in Birmingham than Solihull.

Lack of availability of beds 

AMHP did not accept S2 because, according to them, S2 would be the least restrictive option.

AMHPs out of hours have not supported the use of Section 3 even for patients with well 
established patterns of illness and clear relapse of such, citing less restrictive practice.

Section 3 was indicated but there was no known bed which could have been put on the 
application

5. Recommendations

1. Policy Review and Standardization: Develop clearer guidelines for when Section 3 
should be applied to reduce inconsistencies. This responsibility should be undertaken 

 by BSMHFT and BCC Jointly as lead agencies , ensuring alignment with best 
practices and resource availability.

2. Training and Collaboration: Enhance training sessions for AMHPs and medical 
professionals to align decision-making practices and ensuring that section 3 is used 
where appropriate and neither section 2or 3 are considered more or less restrictive 
3. Improve early  identification of hospitals where Bed availability will occur  so 

that Doctors can make section 3 recommendations .

4. Resource Allocation: Address bed shortages and administrative bottlenecks that limit 

Section 3 applications.

5. Monitoring and Feedback: Establish an working group  to review Section 2 versus 

Section 3 decisions and identify areas for improvement.

6. Data-Driven Decision Making: Utilize real-time statistics and trend analysis to 

inform policy adjustments and improve Section 3 application rates.

6. Conclusion

This evaluation highlights significant barriers affecting the appropriate use of Sections 2 and 
3 of the MHA, particularly due to AMHP resistance, administrative challenges, and resource 
i.e bed constraints. To address these issues, the report recommends policy standardization led 
by the BSMHFT  and the BCC AMHP service , enhanced training for AMHPs and medical 
professionals, improved resource allocation to reduce bed shortages, and the establishment of 
an oversight committee/ working group  to monitor decision-making practices. Additionally, 
leveraging data-driven approaches can help refine future policy adjustments and ensure better 
long-term patient care outcomes. The graphical insights presented further reinforce the 
systemic issues at play. Addressing these concerns through structured policy adjustments, 
increased training, and better resource allocation can lead to improved decision-making in 
mental health services. Future studies should continue analyzing trends in order to refine 
recommendations further.

Dr.Dinesh Maganty
Also filed under 2025-0119: Matthew-Lynch-Prevention-of-Future-Deaths-Report-2025-0119-1.pdf
1 

2 

3 

4 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:   

•  Birmingham and Solihull Mental Health NHS Foundation Trust 
•  Provident Housing 
•  Birmingham City Council 

CORONER 

 I am Louise Hunt Senior Coroner for Birmingham and Solihull 
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. 
INVESTIGATION and INQUEST 

 On 20 July 2023 I commenced an investigation into the death of Matthew John LYNCH. The 
investigation concluded at the end of the inquest. The conclusion of the inquest was; Killed 
unlawfully 

CIRCUMSTANCES OF THE DEATH  

Birmingham. Between 05.30 and 05.51 

 Mr Lynch resided in room 1 in supported living accommodation which was shared with 3 others, 
including the offender, at 
on 11/07/23 Mr Lynch was attacked in the garden area outside the property and decapitated by the 
offender. The offender was known to suffer from treatment resistant paranoid schizophrenia which 
would be made worse if he stopped taking his medication and took illicit substances. He had been 
under the care of mental health services for some time. He had last been seen in clinic on 12/05/23 
when he admitted he had stopped taking his medication but agreed to restart it and confirmed he 
had changed his address. Further efforts were made to contact him however he did not respond. 
There was concern at this time that his mental health condition was relapsing, and his case was 
discussed in an MDT on 17/05/23. An unannounced visit was made to an address on 24/05/23 
when he was not present; however, it is not clear if the CPN attended his new address or the old 
address which remained on his clinical records. He was spoken to briefly by a CPN on 14/06/23 
when he appeared intoxicated but agreed to attend a clinic appointment on 21/06/23 which he did 
not attend. Further attempts were made to contact him without success, but no attempts were 
made to contact his family or the landlord. In the days leading up to the attack the offender had 
been found to use weed at the address and was given a verbal warning on 26/06/23. He smashed 
up his room on 10/07/23 and was evicted from the property. In the past smashing up his room had 
been an indicator of declining mental health however this was not known to the landlord and the 
landlord was unaware he was under the care of the Community Mental Health Team (CMHT). He 
was taken to City Hospital by the landlord on 10/07/23 as he was concerned about his unusual 
behaviour but the offender left before being seen. CCTV confirmed he returned to the property at 
02.48 on 11/07/23 and was seen in the garden area having an altercation with Mr Lynch around 
05.30 before at 05.51 he is seen on CCTV striking Mr Lynch with force. After he was dead the 
offender decapitated Mr Lynch. At 14.23 the Landlord attended the property after another resident 
was unable to enter. The offender admitted to the landlord that he had killed Mr Lynch and the 
police were called. The offender was sentenced to a hospital order for the offence of manslaughter 
by diminished responsibility. 

  
  
  
  
  
  
  
  Following a post mortem the medical cause of death was determined to be: 

 1a   Multiple sharp force injuries 

 1b    

 1c    

 1d  

 II     
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.   

To Birmingham and Solihull Mental health Trust 

1. Internal investigation: The internal investigation did not address how and whether the 
offender’s use of medication should have been monitored after the clinic visit on 12/05/23. This 
was important as non compliance with medication was a risk factor for relapse. In addition, during 
the inquest the trust confirmed they had not spoken to the CPN who attempted to visit the offender 
on 24/05/23 to verify whether they had attended the old or new address. This was a critical issue 
as the new address had not been updated on the clinical notes. This raises a concern about the 
quality of the investigation and whether the Trust is adequately learning from incidents. 

5 

To Birmingham and Solihull Mental Health Trust and Birmingham City Council 

2. Mental Health assessments: The inquest heard evidence that there were barriers to the use of 
S2 and S3 of the Mental health Act due to AMPH resistance, administrative challenges and 
resourcing. This raises a concern that incorrect MHA assessments are taking place and patients 
may be detained on an inappropriate section impacting patient care. A copy of a report prepared 
by 

 is attached. 

To Birmingham and Solihull Mental Health trust, Birmingham City Council and Provident 
housing 

3. Information sharing between agencies and support worker training: The inquest heard 
evidence that Landlords have to rely on the information given to them by the residents and do not 
have access to other key information held by other agencies. This means the landlord is often not 
aware of key information about an individual. Given the potential for harm for residents and support 
workers consideration needs to be given to how best to share information to ensure residents are 
receiving the right care and landlords have sufficient information to be able to monitor residents 
and undertake risk assessments. The inquest heard evidence that support workers need more 
focussed training on mental health conditions and how to manage and help residents with enduring 
mental health conditions.  
ACTION SHOULD BE TAKEN 

 In my opinion action should be taken to prevent future deaths and I believe you have the power to 
take such action. 

YOUR RESPONSE 

6 

7 

 
  
  
  
  
  
  You are under a duty to respond to this report within 56 days of the date of this report, namely by 
29 April 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 

 I have sent a copy of my report to the Chief Coroner and to the following Interested Persons: 

 Mr Lynch's family 

West Midlands Police 

8 

 I have also sent it to the Medical Examiner, ICS, NHS England, CQC, who may find it useful or of 
interest. 

 I 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. 
 4 March 2025  

9 

Signature: 

Louise Hunt 

Senior Coroner for Birmingham and Solihull

Responses

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.

Response from Birmingham City Council (PDF)
REPORT FOR HER MAJESTY’S CORONER FOR  
THE BIRMINGHAM AND SOLIHULL AREAS 

Re: MATTHEW JOHN 
LYNCH 
(deceased) 

DATE OF BIRTH: 05/12/1979 

DATE OF DEATH: 11/07/2023 

ADDRESS - LATE OF: 

Midlands 

, Handsworth, Birmingham, West 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Report prepared by: 

Qualifications:  Diploma in Social Work/BA Honours Applied Social Sciences 

Professional  details:  I  am  registered  with  Social  Work  England  the 

professional body for the registration and standards of qualified social workers 

in England. 

Role:  Head  of  Service  Operations  and  Partnerships  Adult  Social  Care  and 

Health Birmingham City Council 

Length of Service with BCC: I have been employed within Birmingham City 

Council since 1999 continuously to date. 

Background 

This  response  is  provided  by  Birmingham  City  Council  (BCC)  further  to  the 

Regulation 28 Report, issued by HM Coroner Louise Hunt on 4 March 2025. I 

would like to start by expressing our condolences to Matthew’s family for their 

sad loss. 

The Coroner explained in the Report that she is concerned that incorrect MHA 

assessments  are 

taking  place  and  patients may  be  detained  on  an 

inappropriate  section  impacting  patient  care.  The  Coroner  is  also  concerned 

about  information  sharing  between  agencies  and  support  worker  training, 

specifically information that is provided to landlords about the residents.  

Adult  Social  Care  involvement  with  Matthew  Lynch  (ML)  and 

BCC did not have any contact or involvement with Matthew prior to his death.  

ML did not undergo a Care Act assessment and did not have a support plan. 

He was neither allocated, nor awaiting allocation to a social worker. 

 
 
 
 
 
 
 
 
 
 There is no record of any current or previous request for a Mental Health Act 

assessment for ML, at any time and we have no record of him suffering from a 

mental disorder, requiring support or treatment from BCC at any time. 

KD did not undergo a Care Act assessment and did not have a support plan. 

He was neither allocated, nor awaiting allocation to a social worker. 

On  20  January  2023,  a  request  for  a  Mental  Health  Act  assessment  was 

made.  KD  was  in  police  custody  for  making  threats  to  another  tenant  in  his 

accommodation,  which  was  at 

  Hockley  Birmingham,  a 

supported  living  accommodation  funded  via  housing  benefit  payments.   It  is 

reported  KD  had  smashed  his  room.   He  was  assessed  and  detained  under 

Section  2  of  the  Mental  Health  Act  1983.   He  was  admitted  under  Section  2 

and BCC received a reminder that the Section 2 was expiring on 8 February 

2023.   Follow  up  calls  were  made  to  the  admitting  ward,  who  confirmed  by 

telephone  that  an  assessment  for  Section  3  detention  would  not  be  needed, 

as KD had agreed to continue to receive treatment as an informal patient. 

This concluded BCC’s involvement with KD until 11 July 2023, when following 

his  arrest  for  murder,  KD  was  in  police  custody  and  a  request  for  a  Mental 

Health Act assessment was made. 

From what I have been able to access from the case notes, the use of Section 

2  was  valid  in  KD’s  case,  as  he  had  not  previously  been  detained  and  his 

three previous Section 136 arrests had resulted in the conclusion that he was 

not  suffering  from  a  mental  disorder.   The  Section  2  was  based  on 

presentation  which  was  suggestive  of  a  mental  disorder  and  so,  Section  2 

allowed for assessment of this potential mental disorder. 

In this case, upon the expiry of the Section 2, we were informed that Section 3 

was not required, as KD had agreed to remain an informal patient. We have 

no record of how long he remained in hospital or when, or to where, he was 

discharged. 

 
 
 
 
 
 
 In relation to KD, I am not aware of any barriers to the use of Section 2 and 

Section  3  of  the  Mental  health  Act,  due  to  AMPH  resistance,  administrative 

challenges, and resourcing. 

In terms of his diagnosis (as set out in the MHT Root Cause Analysis report at 

page 63 of the bundle, which we received after the issue of the Regulation 28 

Report),  it  appears  KD  was  diagnosed  with  schizophrenia  in  2015.  It  is 

unlikely  that  the  AMHP  who  assessed  KD  in  2023  knew  of  the  previous 

detention, as this is not recorded in our records.   Given the length of time and 

presentation, I do not believe this would have altered the AMHPs decision. 

The  Mental  Health  Act  1983  Code  of  Practice  states  that  the  fact  that 

someone  has  a  mental  disorder  is  never  sufficient  grounds  for  any 

compulsory  measure  to  be  taken  under  the  Act.  Compulsory  measures  are 

permitted  only  where  specific  criteria  about  the  potential  consequences  of  a 

person’s mental disorder are met.  

Mental Health Assessments  

BCC  was  not  aware  of  the  report  prepared  by 

  until  I  became 

aware of the Regulation 28 Report and saw 

’s report on the Court 

and  Tribunals  Judiciary’s  website.  I  am  unaware  of  when  this  report  was 

prepared and for what purpose.  

The  AMHPs  follow  the  Mental  Health  Act  1983  and  Code  of  Practice  to  the 

Act when making decisions. 

I cannot comment on the specific examples of cases provided in the report, as 

I  do  not  have  direct  knowledge  and  details  of  the  cases  referred  to.  BCC 

AMPHs  did  not  know  they  were  being  quoted,  we  were  not  made  aware  of 

this  “study”  and  to  date,  despite  requesting  a  copy,  BCC  has  not  received  a 

copy of the report.  

 
 
 
 
 
 
 
 
 Decisions  pertaining  to  whether  an  application  is  made  to  detain  a  citizen 

under the Mental Health Act 1983 are made solely by the AMHP and with two 

medical  recommendations  from  Doctors,  one  of  whom  must  be  approved 

under  Section  12  of  the  MHA  1983  and  preferably,  where  one  Doctor  has 

knowledge  of  the  patient.   The  actual  decision  as  to  whether  the  criteria  for 

detention  is  met  and  whether  detention  should  be  made  and  under  which 

Section, is for the AMHP to make. Therefore, the report and suggestions that 

the  wrong  detentions  are  being  made,  are  fundamentally  inaccurate,  as  it  is 

not for the Doctor to decide which section or whether the patient is detained. 

They  make  a  recommendation  which  the  AMHP  then  uses  to  make  their 

decision and the AMHP makes the application which is the formal detention. 

The  report  prepared  by 

  refers  to  the  findings  of  a  survey  of  all 

Birmingham  &  Solihull  Mental  Health  Foundation  Trust  Section  12  approved 

doctors. This is the perception of the doctors. In practice, this may differ from 

the reality of individual cases.  

I  am  not  aware  of  any  barriers  to  the  use  of  Section  2  and  Section  3  of  the 

Mental Health Act 1983, due to AMPH resistance, administrative challenges, 

and resourcing.   

I  cannot  comment  on  AMHP  resistance  as  the  decision  to  admit  and  under 

which section, is for the assessing AMHP alone.   

AMHP resourcing is an issue nationally with there being a shortage of AMHPs 

across  the  country.    Latest  figures  suggest  there  are  approximately  93,000 

registered  social  workers  with  around  3000  AMHPs.    BCC  are  actively 

recruiting  and  training  AMHPs  with  a  plan  to  increase  numbers  by  35  new 

AMHPs over the next 5 years. The number of AMHPs employed within BCC is 

not a barrier to the use of Section 2 or Section 3, it has no bearing on the use 

of sections under the Mental Health Act.    

I  can  only  make  an  assumption  that  administrative  challenges  can  be 

interpreted as beds not being available.  

 
 
 
 
 
 Bed unavailability is an issue but, this should never be a consideration as to 

the use of Section 2 or Section 3. The decision around the use of Section 2 or 

Section  3  should  be 

jointly  reached  based  on  evidential  need  and 

presentation, not on resource availability. 

I am not aware of any further administrative challenges or inappropriate use of 

Sections 2 & 3.  The use of Section 2 or Section 3 is a matter for the AMHP 

and assessing Doctor and ultimately the AMHP makes the decision based on 

two  medical 

recommendations 

from 

the  assessing  Doctors. 

  The 

independence on the AMHP in decision making around which section to use 

is explicit within Section 13 of the Mental Health Act 1983. 

BCC has agreed to prepare a guidance statement to be added to the Mental 

Health  Policy  owned  by  Birmingham  and  Solihull  Mental  Health  Foundation 

Trust regarding the use of Section 2 versus Section 3. 

Information Sharing with landlords 

Where a citizen is in receipt of a package of care, relevant information will be 

shared with the care provider. In this case, a care provider was not involved 

as KD was not in receipt of a package of care under the Care Act 2015.  

The  responsibility  for  providing  information  to  Landlords  about  residents 

depends on how the resident accesses the accommodation. If the provision is 

direct  access,  then  the  resident  will  provide  details  directly  with  no  other 

agency involved. If an agency or Local Authority makes the referral, a referral 

form will be completed. The information that goes to the landlord is based on 

the  referring  agencies  discussion  with  the  resident.  Often  there  is  a  need  to 

provide  proof  of  income,  which  the  resident  can  do  by  logging  on  to  their 

Universal  Credit  portal.  Given  the  emergency  nature  of  lots  of  these 

placements,  it  is  likely  that  the  referring  agency  has  limited  information  to 

begin  with.  Referrals  from  prison,  hospital  or  care  facilities  are  an  exception 

as the resident is likely to have known the agency for a longer period of time, 

 
 
 
 
 
 
 therefore  more  information  can  be  provided.  The  agency  is  responsible  for 

giving  as  much  information  as  they  can,  although  much  of  this  is  based  on 

disclosure from the resident. 

Referral  forms  are  designed  by  the  landlord  and  generally  set  out  the 

information  they  want  to  see.  This  might  include  proof  of  income,  personal 

details (name, D.O.B, NI number etc.), physical and mental health conditions, 

general  support  needs  and  criminal  convictions.  Some 

landlords  ask 

questions  about  previous  housing  history  and  why 

the 

resident 

is 

approaching.  

The 

landlord  should  provide 

the  appropriate 

training  and  ongoing 

development of their support workers, so that residents can be appropriately 

supported.
Response from Birmingham and Solihull Mental Health NHS Foundation Trust (PDF)
Chief Executive Officer 
Uffculme Centre 
52 Queensbridge Road 
Moseley 
Birmingham B13 8QY 

Tel: 0121 301 1086 

Mrs Louise Hunt, 
HM Senior Coroner, 
Coroner’s Court, 
Steelhouse Lane 
BIRMINGHAM B4 6BJ 

Sent via e-mail only : 

Dear Mrs Hunt, 

Our Ref: 

Your Ref: 

Date: 25 April 2025 

Dear Mrs Hunt  

Re: Prevention of Deaths report (Matthew Lynch Deceased) 

Thank you for your Prevention of Future Deaths report dated 4 March 2025. May I take this opportunity 
to offer my sincere condolences to the Family of Mr Lynch for their terrible loss. As you will be aware 
the  Trust  carried  out  an  investigation  into  the  circumstances  of  Mr  Lynch’s  death  and  a  number  of 
improvements in practice have been made in the Trust in order to ensure that we learn from the death 
and  provide  safer  services.  There  were  some  areas  you  have  identified  requiring  further  action  and 
assurance from the Trust and I will address each of these as you have set them out in your report. 

1.  Internal Investigation  

As part of the transition to Patient Safety Investigation Review Framework, the review took a system-
based approach to the investigation, focusing on the processes within which the team was operating.  
This approach allowed the Trust to identify weaknesses in key systems, including the identification and 
management of changes of address and medication compliance oversight. 

The review acknowledged the risk of relapse identified in May 2023 on page 14, identifying that whilst 
plans were made within the Multi-disciplinary Team, there was no clear process to track these actions, 
leading to a lack of oversight. If there had been stronger oversight, the team would have been aware of 
the non-compliance with medication sooner, allowing for timely intervention. This would have included 
tracking  the  perpetrator’s  prescription.  To  address  this,  the  team  has  now  implemented  an  actions 
tracker to ensure better oversight of agreed plans and follow up. 

In relation to the prescription, where the Community Mental Health Team is supplying a service user 
with  their  medication,  this  is  recorded  on  the  Electronic  Prescribing  and  Medicines  Administration 
System (EPMA). The Trust outlined at the inquest how this system now has better functionality and this 

 Chair: 

  │  Chief Executive: 

  │  Website: www.bsmhft.nhs.uk 

Customer Relations: Mon–Fri, 8am–6pm  │  Tel: 0800 953 0045  │  Email: bsmhft.customerrelations@nhs.net 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 is monitored through the monthly medication audit, which is overseen by the Matron, followed up with 
individual  service  users  by  their  Case  Manager  and  reported  through  to  the  Integrated  Community 
Teams Clinical Governance Committee and Trust Medicines Management Group for assurance. 

The review also found the process for updating and tracking address changes was not robust enough. 
To strengthen this process as referenced in the report, the team has implemented a “meet and greet” 
role to improve the accuracy of address updates and ensure better coordination. I will go into more detail 
around this point under point three. 

2.  Mental Health assessments 

At Inquest our witness gave evidence following the survey which had been carried out which identified 
that there were two areas where practice should be improved. These included: 

Improved training for AMHPS and doctors. The Trust is working with colleagues at Birmingham City 
Council on this and there is training in place with Doctors and AMPHS. 

Improve availability of identification of a named hospital which will admit / availability of beds. 
The Trust confirmed that actions on early identification of hospital with a bed which will admit the patient 
is challenging but work is ongoing though the Urgent and Emergency Care Pathway and Bed Strategy. 

Following  the inquest our  Associate Medical Director for  Mental Health Legislation  has been  working 
with Birmingham City Council on a short joint guidance for the doctors and AMHPS which will be included 
in the Trust’s Mental Health Act Assessment policy. This is now a priority for the organisations and  the 
aim  is  for  this to  be  completed  by the end  of  June.  This  guidance  will  progress  through the  relevant 
governance processes to ensure it is properly embedded in both organisations. The aim is that this will 
assist in ensuring that patients who are currently being admitted and need detention under the  Mental 
Health  Act  are  under  a  section  that  is  most  appropriate  for  them,  in  line  with  the  code  of  practice. 
Assurance on appropriate use of the Mental Health Act is gained through the Trust Mental Health Act 
Committee and reported to Trust Board. 

The Trust offers specific training to all trust section 12 approved doctors as part of their approved clinical 
reapproval training/ section 12 reapproval. This training is mandatory as part of the reapproval process  
and has been in place for the last 5 years. The Royal College of Psychiatrists offers this training to our 
Doctors.  All  doctors  from  the  Trust  on  the  section  12  rota  and  who  participate  in  mental  health  act 
assessments for the Integrated Care Board are assured as section 12 approved. Once the joint guidance 
has  been  agreed,  this  will  be  used  to  train  both  doctors  and  AMHPs  and  be  incorporated  into  our 
procedures. 

3. Information sharing between agencies and support worker training 

In terms of ensuring our service user demographic information is up to date we now have Meet & Greet 
workers based across our CMHT receptions to check with service users that the information we have 
on  record  for  them  is  correct  and  up  to  date  where  necessary,  this  includes  address,  contacts  and 
telephone number. 

In addition to this, when checking the address is correct, the Meet & Greet workers now also ask what 
type of accommodation their address is, if it is identified that this is a supported accommodation or a 
hostel and this is recorded with the details.  The service user will be informed that we will  potentially 
share any information about their care or treatment if the need arises, or in case of an emergency. Any 
information  being  shared  will  be  carefully  considered  as  part  of  an  MDT  discussion/review  and  the 
decision to disclose information is proportionate to the circumstances. As a Trust we will always ensure 
that a patient’s confidentiality and consent is adhered to. 

We have also written to all clinical staff to remind them that if they are notified of a change of address 
(or  contact  number)  that  this  is  recorded  on  the  service  user  demographic  information  in  Rio,  the 
electronic patient record, which updates the “front page” and not just in the “progress notes”.  

2 

 
 
 
 
 
 
 
 
 
 
 
 
 In relation to service users not being available when staff are visiting them at home. This is recorded in 
Rio following that visit, including; what attempts have been made to contact the service user and what 
the initial plan is in response to a lack of contact. Where there are repeated unsuccessful attempts, this 
is escalated to the MDT for discussion, review and a plan regarding the next steps. This is documented 
on  the  MDT  action  tracker,  which  is  then  monitored.  The  Trust  will  review  the  standard  operating 
procedure for non-contact with appointments to ensure consistency in escalation to the MDT.  

Following the review into the deaths in Nottingham, the Trust has reviewed the Did Not Attend policy 
and does not discharge patients following a lack of contact and is in the positive position of having an 
Assertive Outreach Team where specifically experienced case managers actively engage in the care 
provided to high risk individuals in the community. 

We  recognise  the  benefits  of  working  in  partnership  with  Birmingham  City  Council  and  Supported 
Housing  Providers  and  will  continue  to  commit  to  strengthening  our  joint  procedures,  relevant 
information sharing and enabling our professionals to work collectively at every opportunity. 

I hope that the actions taken offer reassurance that the Trust has taken your concerns seriously. If you 
require any further information, please do let me know.  

Yours sincerely  

Chief Executive 
BSMHFT 

3

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