Prevention of Future Deaths reports · 2026
Regulation 28 report to prevent future deaths, reference 2026-0104, written 19 Feb 2026. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 19 Feb 2026 |
|---|---|
| Reference | 2026-0104 |
| Deceased | Jane Fenwick |
| Coroner | Hassan Shah |
| Coroner area | Northamptonshire |
| Category | Community health care and emergency services related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 2 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
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 Secretary of State for Health and Social Care 2 NHS ENGLAND 1 CORONER I am Hassan SHAH, Assistant Coroner for the coroner area of Northamptonshire 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 22 August 2025 I commenced an investigation into the death of Jane Ann FENWICK aged 62. The investigation concluded at the end of the inquest on 18 February 2026. The conclusion of the inquest was that: Mrs Jane Ann Fenwick died on 21 August 2025 at Kettering General Hospital as a result of choking on a piece of beef at her care home at Coach House, 2 George Hattersley Court. She had no teeth and did not wear her dentures. She had a tendency to rush her food and put too much in her mouth. On the day of the incident, the food did not follow Mrs Fenwick’s preference for softer food. Her care plan identified a risk of choking. 4 CIRCUMSTANCES OF THE DEATH Mrs Jane Ann Fenwick died on 21 August 2025 at Kettering General Hospital as a result of choking on a piece of beef at her care home at Coach House, 2 George Hattersley Court. She had no teeth and did not wear her dentures. She had a tendency to rush her food and put too much in her mouth. On the day of the incident, the food did not follow Mrs Fenwick’s preference for softer food. Her care plan identified a risk of choking. The medical cause of death was:- 1a. Hypoxic brain injury 1b. Cardiac arrest 1c. Choking/asphyxia due to upper airway obstruction from food bolus A narrative conclusion was given as above. 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) Mrs Fenwick:- Regulation 28 – After Inquest Document Template Updated 30/07/2021 had no teeth did not wear her dentures had a tendency to rush her food had a tendency to put too much in her mouth had poor posture and generally did not sit at a table to eat did not sit still was generally not supervised whilst eating (despite the care plan recommending a) b) c) d) e) f) g) she be observed while eating) h) i) had a preference for softer food had a care plan which identified a risk of choking Despite the above, Mrs Fenwick had not been referred to Speech and Language Therapy (SALT). The care home’s evidence was that even if Mrs Fenwick had been referred to SALT, she would not have met their threshold for support and intervention on the basis that there had been no previous episodes of choking. The care home also said in evidence that the average wait for SALT support is 13 weeks. I have concerns regarding the threshold for intervention/support and the current waiting lists. 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 April 16, 2026. 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 Brother of Ms Fenwick Voyage 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. 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: 19/02/2026 Regulation 28 – After Inquest Document Template Updated 30/07/2021 Hassan SHAH Assistant Coroner for Northamptonshire Regulation 28 – After Inquest Document Template Updated 30/07/2021
2 responses published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
Mr Hassan Shah
HM Assistant Coroner for Northamptonshire
The Guildhall,
St Giles’ Square,
Northampton
NN1 1DE
Minister of State for Care
39 Victoria Street
London
SW1H 0EU
1 April 2026
Dear Hassan,
Thank you for the Regulation 28 report of 19th February 2026, sent to the Department of
Health and Social Care (DHSC), about the death of Mrs Jane Ann Fenwick. I am replying
as the Minister with responsibility for adult social care.
Firstly, I would like to say how saddened I was to read of the circumstances of Mrs Fenwick’s
death; I offer my sincere condolences to her family and loved ones. The circumstances your
report describes are concerning and I am grateful to you for bringing these matters to my
attention.
The Prevention of Future Deaths (PFD) report raises concerns over:
1. The threshold for intervention and support for individuals such as Mrs Fenwick, who
despite having a number of interconnected concerns about eating which could lead to
choking, nevertheless was not referred to Speech and Language Therapy (SALT).
2. Current waiting lists for individuals such as Mrs Fenwick to be referred to SALT.
In preparing this response to your first concern, departmental officials have made enquiries
with Care Quality Commission (CQC) and North Northamptonshire Council (NNC) and Chair
of the Northamptonshire Safeguarding Adults Board (NSAB). Officials did this to gain a
greater insight into any specific reasons for Mrs Fenwick not being referred to SALT and
what, if any, follow up actions may have resulted from this case. However, with regards to
the second concern, then NHS England, who also received a copy of this report, will be
reporting separately on current waiting lists for SALT.
Any form of neglect is unacceptable, and my department recognises the importance of safe,
person-centred care, particularly in relation to eating and drinking. This is why the Adult
Social Care Learning and Development Support Scheme (LDSS), was launched in
September 2024, and provides funding for eligible care staff to undertake courses and
qualifications, including a Level 2 Certificate in Understanding Nutrition and Health and
relevant content in the Level 2 Adult Social Care Certificate (L2ASCC).
The L2ASCC gives care workers the baseline competence to prevent and respond to
choking. It includes nutrition and hydration training, how to identify and report related risks
or changes, how to support individuals in line with their needs and care plans, and how to
respond appropriately in emergencies, such as choking.
My officials have spoken to CQC, who have an open case concerning this incident, which
was referred to the CQC's Specific Incident Progression Team in November 2025, for an
initial fact-finding stage. The outcome of this fact-finding will determine whether CQC
proceed with an investigation.
CQC note that risks associated with eating were not consistently addressed in practice and
supervision did not occur on the day of the incident, although the care plan stated Mrs
Fenwick should be observed while eating, as it identified a risk of choking.
Although no referral was made to SALT, local SALT advice to CQC indicated that although
a full assessment might not have progressed, general guidance could have been provided
had a referral been made. However, due to this case being ongoing, CQC cannot provide
any further detail at this stage.
My officials also spoke to NNC and the NSAB Chair, and they confirmed with
Northamptonshire Healthcare Foundation Trust (NHFT) Specialist Community Services that
community referrals are triaged by SALT and the information provided is used to identify the
referral as routine (within 13 weeks) or high priority (within 4 weeks). Once triage is
completed the care homes are often given information and advised to trial alternative
consistencies if appropriate, until they are able to visit. If a referral has been made with
choking as a risk identified, it would however have been triaged as high priority.
Following inspection of documentation that my officials received from the NNC, including a
timeline and care plan for Mrs Fenwick, as well as the additional information referenced
above from NHFT, my officials have provided CQC with this additional information, to aid
their fact-finding stage.
Separately NNC have indicated that in their view, although this was a tragic incident, it is
being viewed as an isolated incident, as it has been determined that there are no similar
risks to other people in the service or identified failings to warrant a Safeguarding Adults
Review Referral under section 44 of the Care Act. However, the NNC will be engaging,
alongside the NSAB, with the coroner and if any additional information becomes available,
then NNC will consider this and any associated learning.
I hope this response is helpful. Thank you for bringing these concerns to my attention.
Yours sincerely,
MINISTER OF STATE FOR CARE
Mr Hassan Shah
Assistant Coroner for Northamptonshire
The Guildhall
St Giles’ Square
Northampton
NN1 1DE
National Medical Director
NHS England
Wellington House
133-155 Waterloo Road
London
SE1 8UG
6th May 2026
Dear Coroner,
Re: Regulation 28 Report to Prevent Future Deaths – Mrs Jane Ann Fenwick
who died on 21 August 2025.
Thank you for your Report to Prevent Future Deaths (hereafter “Report”) dated 19th
February 2026 concerning the death of Mrs Jane Ann Fenwick on21 August 2025. In
advance of responding to the specific concerns raised in your Report, I would like to
express my deep condolences to Mrs Fenwick’s family and loved ones. NHS England
is keen to assure the family and yourself that the concerns raised about Mrs Fenwick’s
care have been listened to and reflected upon.
I am grateful for the further time granted to respond to your Report, and I apologise for
any anguish this delay may have caused to Jane’s family or friends. I realise that
responses to Coroners’ Reports can form part of the important process of family and
friends coming to terms with what has happened to their loved ones, and I appreciate
this will have been an incredibly difficult time for them.
Your Report raises concerns regarding the threshold for intervention and support from
Speech and Language Therapy (SALT) Teams and the current length of their waiting
lists for patients to be seen.
NHS England was not a party to the inquest, and we have therefore not had sight of
or heard the full extent of the witness evidence relating to the issues raised within
Sections 3 and 4 of your Report. It is, therefore, difficult to answer the concerns without
knowledge of who developed Mrs Fenwick's care plan, whether the care plan included
SALT input and under what circumstances it was written. Whilst the risk of choking
was identified in the care plan, its not clear if any mitigations had been included in the
plan. It isn't clear whether this was discussed with a local service and rejected or the
care home made an assumption about referrals.
The referral criteria for SALT is agreed locally, aligned to commissioning and service
models but referral decisions should be based on an individual's need. Not having a
previous choking episode should not prevent a referral if the wider clinical history and
risk of choking are recognised and included in the referral.
Regional Response
SALT referral criteria is agreed locally, aligned to commissioning and service models.
However, referral decisions should be based on an individual’s need. The absence of
a previous choking episode should not prevent a referral if the patient’s wider clinical
history and risk of choking are recognised and included in the referral.
NHS England does not routinely disaggregate AHP vacancy data by each of the
constituent professionals (e.g. SALT), or area of practise (e.g. community services) or
by specialisms (e.g. adult care). The Royal College of Speech and Language Therapy
reports SALT NHS Vacancy rate of 13% (based on a survey with 215 employers).
The Community Health Services SitRep reports that in the latest data (January 2026):
• 26,796 adult waits are reported for speech and language therapy. Of these
9552 (35.7%) have waited over 12 weeks, 5,929 (22.2%) over 18 weeks, and
343 (1.3%) over a year.
• 65,540 children and young people waits are reported for speech and language
therapy. Of these 31,059 (47.4%) have waited over 12 weeks. 21,173 (32.3%)
over 18 weeks and 4,942 (7.5%) over a year.
Community health services speech and language therapy services assess, diagnose
and treat adults and children and young people with communication and swallowing
disorders.
The Medium-Term Planning Framework states that in 2026/27, Integrated Care
Boards are required to:
•
Increase community health service capacity to meet growth in demand,
expected to be approximately 3% nationally per year.
• Actively manage long waits for community health services, reducing the
proportion of waits over 18 weeks and developing a plan to eliminate all 52-
week waits.
Identify and act on productivity opportunities, including ensuring teams have
the digital tools and equipment they need to connect remotely to health systems
and patients, and expanding point of care testing in the community.
•
• Continue to standardise core service provision as defined in Standardising
Community Health Services.
• Consider where digital therapeutics, such as musculoskeletal treatment, could
be deployed at pace where those therapeutics have appropriate regulatory
approval.
There requirements are expected to drive uplift in community health service activity,
by expanding capacity, improving productivity, and enabling teams to deliver care
more efficiently and locally – whilst targets are not service-line specific, this should
impact positively on speech and language therapy services.
The recently published NHS England » Community health services waiting times:
actions to meet Medium term planning framework targets guidance outlines
recommended actions to support achievement of the Medium-Term Planning
Framework waiting time targets. It is supported by an annex, Community health
services waiting times action lists, which describe both ‘core’ and ‘going further’
activities to be considered alongside existing 2026/27 ICB and provider plans.
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 Mrs
Fenwick, 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,
Yours sincerely,
National Medical Director
NHS England
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