John Hay

Care Quality Commission 
Citygate 
Gallowgate 
Newcastle upon Tyne 
NE1 4PA 

www.cqc.org.uk 

      28 May 2026 

Mr Hassan Shah, Assistant Coroner   

Care Quality Commission 

Dear HM Coroner Mr Hassan Shah 

Prevention  of  future  death  report  following  inquest into  the  death  of  Mr  John 
Hay 

Thank you for sending the Care Quality Commission (CQC) a copy of the prevention 
of future death report issued following the death of Mr John Hay. 

CQC  has  contacted  The  Care  Bureau  Limited  to  request  written  confirmation  and 
evidence of the action they have taken to date following this death and any additional 
action they intend to take in response to the prevention of future death report. 

We note the legal requirement upon The Care Bureau Limited to respond to your report 
within 56 days. 

I would firstly like to express my deepest condolences to Mr Hay’s family for their 
loss.  

I note your Regulation 28 report was addressed to The Care Bureau Limited and 
West Northamptonshire Council as well as to CQC; this response is prepared solely 
on behalf of the CQC. It relates to the role of CQC as well as its assessment and 
inspection methodology for those organisations it regulates. 

Regulatory history: 

The Care Bureau Limited - Domiciliary Care – Northampton was last inspected 24 
November 2022 and was rated Requires Improvement with a breach of Regulation in 
relation to the governance and oversight of the service. The provider submitted an 
action plan to CQC 15 March 2023 to set out how it intends to improve to address 
the breach of regulation identified in the last inspection. We continue to monitor the 
service through our ongoing monitoring processes. 

 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 Matters of concern 

We acknowledge the Coroner’s view that the matters of concern raised did not cause 
or contribute to Mr Hay’s death, but they might in other cases.  

1.  The Risk Assessment in the care plan is neither completed nor 

reviewed with nursing or medical input, but includes, amongst other 
things, actions to be taken when a person is on blood thinners. In the 
present case, the only scenario covered was in relation to a person 
who has “heavy bleeding”. The obligation to complete the risk 
assessment and determine actions falls upon the care team, none of 
whom have any medical training, aside from basic first aid.  

We have reviewed evidence from The Care Bureau Limited showing that they have 
updated their anticoagulant and fall risk assessment template and that this is in place 
across all their services.  

The Care Bureau Limited have themselves identified that although the care plan for 
Mr Hay identified the risk of falls and his anticoagulant risk, the Risk Management 
Plan treated these as separate risks. The Care Bureau Limited have acknowledged 
that their Care plan did not distinguish between witnessed and unwitnessed falls. 
They have recognised that for an unwitnessed fall it may be harder to assess 
whether there was any risk from potential head trauma.  

We have reviewed evidence from The Care Bureau Limited that they are updating 
their electronic care records App, used by care staff, to ensure anticoagulant risk is 
appropriately highlighted to provide clearer guidance for care staff. The Care Bureau 
Limited have also stated to CQC that they are updating people’s care plans to 
include a clearly signposted Emergency Action Plan to clarify the actions that care 
staff will take in certain emergency situations including calling 999 in the event of a 
witnessed fall.  

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: 
Regulation 12 Safe care and treatment includes risk management and CQC’s 
assessment framework includes a quality statement looking at how care providers 
work with people to understand and manage risks. We assess how care providers 
are meeting these requirements through our ongoing monitoring of services which 
includes reviewing information we receive from and about services. We also assess 
through our inspection activity.  

CQC would expect to see care plans and risk management plans clearly identifying 
risks to people and the actions staff should take to mitigate those risks. We would 
expect care providers to ensure that staff understood people’s care plans and risk 
management plans. This should be monitored through the provider’s oversight and 
auditing systems. This is an area that we consider during our assessment and 
inspection activity in relation to Regulation 17: Good governance. 

 
 
 
 
 
 
 
 
 
 
 
  
 
  
 2.  The process/system for escalation to get medical input was unclear. In 

the current case, it was accepted with the benefit of hindsight 
that when a frail elderly person on blood thinners suffers a fall, a 
medical assessment should probably be done. However, after the 
morning visit, it was Mr Hay himself who made the decision (despite 
having suffered a fall and having a diagnosis of dementia) without input 
from his family. At the time of the evening visit, the care team contacted 
the son for a decision rather than simply assessing the situation 
and making a decision.  

We sought clarification from The Care Bureau Limited, who confirm that Mr Hay’s 
assessment and care plan did not give detail in relation to any powers of attorney in 
place. Nor did it include the scope of any powers to make decisions in relation to 
medical treatment.  

There is no clear rationale for why the care staff accepted Mr Hay’s decision that he 
did not want to call for an ambulance after his unwitnessed fall on 26 September 
2024 or whether any other medical assessment was considered. Mr Hay’s care plan 
of 18 September 2024 stated that although he had a diagnosis of dementia this did 
not affect his capability to understand what others are communicating with him or his 
ability to answer questions. The decision about whether to seek emergency medical 
assessment was not a day-to-day decision.  It would require careful consideration in 
relation to whether Mr Hay had the mental capacity to make this decision having had 
regard to the increased risks relating to the anticoagulants prescribed.  

When Mr Hay was found on the floor during the afternoon call on 26 September 
2024 again it is unclear why an ambulance is not called and staff again took the 
decision not to follow Mr Hay’s care plan which stated “If Client falls carers must dial 
999”.  

The care staff did notify the The Care Bureau Limited office staff. The office staff 
then notified Mr Hay’s son, who they say who advised not to call an ambulance.  It 
appears staff took this direction despite the lack of evidence in relation to any power 
of attorney or assurances that Mr Hay’s son was aware of the risks associated with 
falling for people who are taking anticoagulants.  

The Care Bureau Limited have acknowledged that there lacked detail in Mr Hay’s 
care records of whether any power of attorney was in place. The Care Bureau 
Limited also recognise that further clarity was needed for people using the service 
and relatives regarding the action staff will take in the event of known risks such as 
falls. 

The Care Bureau Limited have committed to reviewing their assessment 
documentation relating to powers of attorney before the end of May 2026. They are 
also reviewing and updating risk assessments, guidance in relation to falls and 
anticoagulant medicines. In addition, they are reviewing staff training in moving and 
handling which incorporates falls.  

In addition to the Health and Social Care Act 2008 (Regulated Activities) Regulations 
2014: Regulation 13: Safeguarding service users from abuse and improper treatment 

 
 
 
 
 
 
 
 
 
  
 
 and Regulation 11: Need for consent, CQC’s Assessment framework includes the 
quality statement Consent to Care and Treatment. This considers how care 
providers are meeting the requirements of The Mental Capacity Act 2025. Regulation 
12: Safe care and treatment includes risk management in conjunction with a quality 
statement which focuses on how care providers work with people to understand and 
manage risks. We assess compliance with the quality statement and Regulations as 
part of our ongoing monitoring and assessments of registered care providers. 

3.  The process/system by which missing or spent medication is actioned 

was unclear. In the current case, Mr Hay’s son was responsible 
for ordering medication. However, the system by which the 
care team would notify him was unclear.   

CQC would expect to see this detail within people’s care plans particularly where 
responsibility for the management of medicine is shared between care staff and the 
person or family members. 

The Care Bureau Limited have provided evidence to CQC to show that they have 
issued a reminder to all field staff to request additional medication at least seven 
days before a service user’s supply runs out. They are also updating care plans to 
reference this instruction which they state should be completed by the end of May.  

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: 
Regulation 12 Safe care and treatment includes medicines management and 
additionally CQC’s assessment framework includes a quality statement relating to 
Medicines optimisation. We assess compliance with this quality statement and 
Regulation as part of our ongoing monitoring and assessments. 

If you require any further information or clarification please do not hesitate to contact 
CQC using the following contact details: 

By email: 

By post: 

Care Quality Commission 
Citygate 
Gallowgate 
Newcastle upon Tyne 
NE1 4PA 

Please include the reference number 

Yours sincerely 

Deputy Director of Adult Social Care

29 May 2026 

Mr Hassan Shah 
Assistant Coroner for Northamptonshire 
Northampton Coroner’s Court 
The Guildhall 
St Giles' Square 
Northampton, NN1 1DE 

Dear Mr Shah 

Prevention of Future Deaths Report – Mr John Hay 
Response to Regulation 28 Report dated 31 March 2026 

Thank you for your Regulation 28 Report dated 31 March 2026 following the inquest into the death 
of Mr John Hay, which concluded on 31 March 2026. 

I attended the inquest on behalf of The Care Bureau Limited (“TCB”) together with 
(Regional Manager) and 
thorough and careful conduct of the inquest and we again extend our sincere condolences to the 
Hay family. 

 (Registered Manager). We are grateful to the Coroner for the 

This letter sets out TCB’s response to each of the three matters of concern identified in section 5 of 
your report. We note that this response will be shared with 
. We address the question 
of publication at the end of this letter. 

Background 

TCB is a domiciliary care provider registered with the Care Quality Commission (“CQC”). The business 
began in 1997 as a nursing agency and became a domiciliary care provider to Warwickshire County 
Council in 2000. TCB entered the Northamptonshire domiciliary care market in 2005. We are 
currently contracted as a domiciliary care provider to both North and West Northamptonshire 
County Councils and were a provider to the predecessor Northamptonshire County Council. In 
addition to our work across the West Midlands, we also have domiciliary care services in Telford and 
Torquay. Today, our 290 field staff provide care to approximately 600 service users on a weekly 
basis. TCB provides reablement care, domiciliary care and supports services users with more 
complex needs including overnight support. 

We were commissioned by West Northamptonshire Council (“WNC”) under their 2023 Framework 
Agreement for the Provision of Homecare Services (the “WNC Framework”) to provide reablement 
support to Mr John Hay (“JH”) following his discharge from Northampton General Hospital in 
September 2024. We carried out an in-person assessment and produced a Care Plan. We first 
provided care on 17 September 2024. JH was last in our care on 26 September 2024.

The Care Bureau Limited 
Registered Office: Unit 5 Jephson Court ● Tancred Close ● Leamington Spa ● CV31 3RZ ● Telephone: 01926 427423 
Company No. 3303146 ● Registered with The Care Quality Commission - www.cqc.org.uk 

 
 
 
 
 
 
 
 
 
 
 
 The Coroner concluded that JH died as a result of an unwitnessed fall and noted that, in the opinion 
of the Consultant Emergency Physician, it is unlikely that JH would have survived his injuries even if 
he had presented at hospital 12 hours earlier. We acknowledge that this does not diminish the 
importance of the concerns raised in your report, which we take very seriously. 

Since the Coroner’s Regulation 28 Report, we have been in communication with CQC as our 
regulator. We provided a detailed account of the events of 26 September 2024, together with 
supporting documentation, to CQC in a letter on 1 May 2026. For the avoidance of doubt, our 
response to the Regulation 28 Report is consistent with that letter. 

Concern 1: Risk Assessment 

The Coroner’s concern: 

“The Risk Assessment in the Care Plan is neither completed nor reviewed with nursing or medical 
input, but includes, amongst other things, actions to be taken when a person is on blood thinners. In 
the present case, the only scenario covered was in relation to a person who has “heavy bleeding”. 
The obligation to complete the risk assessment and determine actions falls upon the care team, 
none of whom have any medical training, aside from basic first aid.” 

TCB’s response: 

It is important to clarify that “[the] obligation to complete the risk assessment” did not fall on the 
care team. The risk assessment formed part of JH’s documented Care Plan. JH’s Care Plan was 
completed by experienced supervisors and was based on the commissioning documentation 
provided by WNC and an in-person assessment of JH. It is correct that the care team must determine 
actions based on the Care Plan and the actual circumstances of delivering care. 

TCB’s Care Plan for JH correctly identified the risk of falls and included clear guidance that “[if] Client 
falls then carers must dial 999.” It also separately identified the risk of anticoagulant medication and 
included guidance on what to do in the event of heavy bleeding. As the Coroner rightly identifies, 
the two risks were not linked: the anticoagulant section did not address the heightened risk that a 
fall poses for a person on blood thinners, where internal bleeding may not be immediately visible. 
Equally the fall section did not highlight the heightened risk from anticoagulants. 

On further reflection and analysis we also identified that our standard falls risk did not distinguish 
between unwitnessed and witnessed falls. 

On the question of medical or nursing input: TCB is a homecare provider regulated by the CQC. JH’s 
care was delivered by our Northampton service, which is only authorised to provide personal care. 
TCB does not provide medical or nursing services and we do not represent ourselves as doing so. 
Like all providers of this type, our staff are not medically trained, and it is not our role to provide 
medical or nursing assessments. Our risk assessments are based on information provided by the 
commissioning authority, the service user themselves, next of kin and other relevant persons. In this 
case, our assessment correctly recorded JH’s medical conditions – including his anticoagulant 
medication, his heart condition, and his dementia diagnosis – and these were reflected in the risk 

The Care Bureau Limited 
Registered Office: Unit 5 Jephson Court ● Tancred Close ● Leamington Spa ● CV31 3RZ ● Telephone: 01926 427423 
Company No. 3303146 ● Registered with The Care Quality Commission - www.cqc.org.uk 

 
 
 
 
 
 
 
 management plan. We work alongside health professionals and other agencies; we do not replace 
them. 

That said, we accept that our risk assessments should do more to link related risks and set out 
clearer escalation guidance. 

Actions: 

We have taken the following actions: 

1.  Updated Anticoagulant Risk: we have updated our standard anticoagulant risk assessment 

across all our services. The updated version now explicitly lists a fall or any blow to the head 
as a trigger requiring carers to call 999 and to inform emergency services that the service 
user is on anticoagulant medication. 

2.  Updated Falls Risk: we have updated our standard falls risk across all our services. The 
updated version distinguishes between witnessed falls (requiring a 999 call) and 
unwitnessed falls (requiring a 111 call), and in both cases requires carers to check whether 
the service user is on anticoagulant medication and to inform the relevant emergency 
service. 

3.  Review of Relevant Service Users: we have reviewed the Care Plans and Carer App notes for 

all service users who use anticoagulants to ensure that the Anticoagulant Risk is 
appropriately highlighted. 

4.  Systems Update: our system uses competency codes to help match carers with appropriate 
experience to service users. We modified the “Anticoagulant” code to further optimise 
matching. 

Timetable:  

The above actions are complete. 

Concern 2: Decision-Making, Personal Autonomy and Escalation 

The Coroner’s concern: 

“The process/system for escalation to get medical input was unclear. In the current case, it was 
accepted with the benefit of hindsight that when a frail elderly person on blood thinners suffers a 
fall, a medical assessment should probably be done. However, after the morning visit, it was Mr Hay 
himself who made the decision (despite having suffered a fall and having a diagnosis of dementia) 
without input from his family. At the time of the evening visit, the care team contacted the son for a 
decision rather than simply assessing the situation and making a decision.” 

The Care Bureau Limited 
Registered Office: Unit 5 Jephson Court ● Tancred Close ● Leamington Spa ● CV31 3RZ ● Telephone: 01926 427423 
Company No. 3303146 ● Registered with The Care Quality Commission - www.cqc.org.uk 

 
 
 
 
 
 
 
 
 
 TCB’s response: 

The Coroner’s concern raises a genuine and important question about the balance between 
respecting the wishes of a service user (in this case with a dementia diagnosis) and following a Care 
Plan. 

Person centred care and the promotion of personal autonomy are at the heart of the regulatory 
framework for domiciliary care providers. Regulation 9 of the Health and Social Care Act 2008 
(Regulated Activities) Regulations 2014 ('Person-centred care') requires that care and treatment 
must meet the needs and preferences of the service user, and Regulation 11 adds that “[care] and 
treatment of service users must only be provided with the consent of the relevant person” provided 
they have capacity. 

The CQC’s own standards, and the commissioning framework under which WNC engages providers 
such as TCB, require providers to respect the wishes of service users. Regulation 11 is mirrored in the 
Service Specification of the WNC Framework, which requires that “[all] safeguarding activity must be 
informed by… Empowerment - People being supported and encouraged to make their own decisions 
and informed consent”. 

It is well understood across the sector that carers cannot, and should not, force a service user to 
accept personal care, take medication or agree to emergency assistance if they have capacity and 
decline.  

JH’s dementia diagnosis was clearly recorded in the Care Plan, both in the Medical History section 
and in a dedicated Mental Ability section. The Care Plan recorded that, at the time of assessment, 
JH’s condition did not affect his ability to understand what was being communicated to him or to 
answer questions, and that he retained the ability to make informed decisions and choices. Prior to 
his hospitalisation in August 2024 JH had been living independently, managing his own daily routine 
and finances (with family support). Following his recovery, the hospital and WNC were satisfied that 
he could be discharged home with continuing support from his family and reablement support from 
TCB. 

The WNC Framework is clear that “[capacity] is time and decision-specific, and an individual is 
assumed to have capacity unless, on the balance of probabilities, it is established otherwise.” 

Our carers are trained to look out for and escalate signs of changes in capacity, but TCB had only 
been providing care to JH for nine days at the time of the events in question. Our carers had limited 
opportunity to build familiarity with JH. 

At the morning call on 26 September 2024 JH reported a prior unwitnessed fall to the carer. The 
carer sought to follow the Care Plan and offered to call 999 but deferred to JH. The carer respected 
JH’s assumed capacity and autonomy. At the tea call, JH was found on the floor. In this instance the 
carer contacted the office who contacted JH’s son. 

We acknowledge that the handling of the two incidents was inconsistent and with the benefit of 
hindsight medical input from either the 111 or 999 services would have been appropriate. 

On further reflection and analysis, we also identified that while appropriate to notify and involve 
JH’s son, neither our Assessment nor Care Plan clearly recorded whether either or both of JH’s sons 

The Care Bureau Limited 
Registered Office: Unit 5 Jephson Court ● Tancred Close ● Leamington Spa ● CV31 3RZ ● Telephone: 01926 427423 
Company No. 3303146 ● Registered with The Care Quality Commission - www.cqc.org.uk 

 
 
 
 
 
 held relevant powers of attorney. This information could be relevant in similar situations where 
capacity is more in issue. 

Actions: 

In addition to actions 1-4 above, we are taking the following actions: 

5.  Emergency Action Plan: we are updating our Care Plans to include a clear Emergency Action 
Plan which will signpost to service users and their families the actions carers will take in 
certain circumstances. To ensure we continue to deliver person-centred care, this before-
the-fact clarity is important. It has always been TCB’s policy that input from emergency must 
be sought in the case of falls, but it is clear that this was inconsistently applied in JH’s case. 
Our new falls risk (see above) makes it clear that advice from either 111 (unwitnessed falls) 
or 999 (witnessed falls) must be sought. Service users (with capacity) and their family (where 
relevant) can then factor that advice into their own decision making. We have implemented 
this for new Care Plans in May 2026 and will add this to existing Care Plans as they are 
periodically reviewed. 

6.  Powers of Attorney: we have reviewed and updated our assessment documentation to 

include questions regarding both health and financial lasting powers of attorney. We will be 
implementing this for new Assessments in June 2026 and will also check power of attorney 
details in existing Care Plans as they are periodically reviewed. 

7.  Training: we have reviewed our Manual Handling training module with our external trainers 
and confirmed that it does already and appropriately cover actions in the event of falls. 

8.  Lessons Learned: JH’s case will be presented as a lessons learned case study to all Registered 
Managers at our next Registered Managers’ meeting, with a specific focus on the tension 
between person-centred care and escalation obligations. The Registered Managers will then 
share the case study with both care and office staff in their respective branches. 

Timetable: 

  The training review is complete. 

  The Emergency Action Plan has been implemented for new Assessments. Existing Care plans 
will be updated as they are periodically reviewed in the normal course of operations. For the 
avoidance of doubt, existing Care Plans for service users with anticoagulant risk have already 
been reviewed and updated as necessary. 

  The Power of Attorney questions will be implemented for new Assessments in June 2026. 

Existing Care plans will be updated as they are periodically reviewed in the normal course of 
operations. 

  The Lesson Learned case study will be presented at the Registered Managers’ meeting in 

June 2026. 

The Care Bureau Limited 
Registered Office: Unit 5 Jephson Court ● Tancred Close ● Leamington Spa ● CV31 3RZ ● Telephone: 01926 427423 
Company No. 3303146 ● Registered with The Care Quality Commission - www.cqc.org.uk 

 
 
 
 
 
 
 
 
 Concern 3: Medication Management 

The Coroner’s concern: 

“The process/system by which missing or spent medication is actioned was unclear. In the current 
case, Mr Hay’s son was responsible for ordering medication. However, the system by which the care 
team would notify him was unclear.” 

TCB’s response: 

The responsibility for ordering and collecting JH’s medication was recorded in the Care Plan’s 
Medication Plan. JH’s son is documented as the person responsible for ordering and collecting 
medication. JH’s pharmacy details were also recorded. 

Our carers are trained and do know what action to take when medication is insufficient. We 
acknowledge, however, that our Care Plan did not include a sufficiently clear written protocol for 
what carers should do when medication was found to be unavailable, and specifically did not make it 
clear that carers should notify the office and the responsible person in a timely manner when 
medication was running low. 

Actions: 

We are taking the following actions: 

9.  Reminder to Field Staff: a written reminder has been sent to all field care staff requiring 
them to request additional medication at least seven days before a service user’s supply 
runs out and to notify the office if medication is unavailable or running low at any visit. 

10. Written Protocol: we are updating our Care Plans to include a specific and clearly worded 

protocol for insufficient medication. This will make explicit the obligation to notify both the 
office and the responsible person (whether the service user, a family member, or another 
party) when medication is low or unavailable, together with a clear escalation path if 
medication runs out. We have implemented this for new Care Plans in May 2026 and will 
add this to existing Care Plans as they are periodically reviewed. 

Timetable: 

  The reminder to field staff has been actioned. 

  The written protocol for insufficient medication has been implemented for new Care Plans. 
Existing Care plans will be updated as they are periodically reviewed in the normal course of 
operations. 

Representation Regarding Publication 

Pursuant to section 8 of your report, we respectfully request that this response is not published, 
whether in full, in redacted form, or in summary. Our reasons are as follows: 

The Care Bureau Limited 
Registered Office: Unit 5 Jephson Court ● Tancred Close ● Leamington Spa ● CV31 3RZ ● Telephone: 01926 427423 
Company No. 3303146 ● Registered with The Care Quality Commission - www.cqc.org.uk 

 
 
 
 
 
 
 
 
 
   This response has been prepared in a spirit of openness and constructive engagement. 
Publication would not add to the public interest in this matter beyond what is already 
captured in the Coroner’s report itself. 

  TCB is a small domiciliary care provider and publication could have a disproportionate 

adverse impact on the business and, indirectly, on the service users who depend on our 
care. 

  The actions described in this response are either already complete or are being 

implemented. Publication is not necessary to ensure accountability. 

We would be grateful if you and the Chief Coroner would have regard to these representations 
when considering publication. 

We believe that the actions described in this response directly address each of the three matters of 
concern raised in your report and will materially reduce the risk of a similar incident occurring. We 
are committed to completing the outstanding actions. 

Please do not hesitate to contact me if you require any further information or clarification. 

Yours sincerely 

Director and Chief Executive 

The Care Bureau Limited 
Registered Office: Unit 5 Jephson Court ● Tancred Close ● Leamington Spa ● CV31 3RZ ● Telephone: 01926 427423 
Company No. 3303146 ● Registered with The Care Quality Commission - www.cqc.org.uk

05 June 2026 12:46

FW: Regulation 28 following the inquest of John HAY 

From:
Sent:
To:
Subject:

Categories:

Good Morning, 

Please accept my sincere apologies for the delay in responding to your Section 28 request. 

Since 2 April 2026, West Northamptonshire Council has been liaising with the Care Bureau to further investigate the 
concerns you raised. In addition, we have been in contact with 
 from the Care Quality Commission 
(CQC), who has also been reviewing these matters. 

 has shared feedback with the Council from the Nominated Individual at the Care Bureau, outlining 

the actions taken to address the concerns raised by the Coroner. 

Furthermore, West Northamptonshire Council has engaged with the Adult Quality Team, who have been made 
aware of your concerns. They have confirmed that anticoagulant management will be a key focus during future 
monitoring visits at the Care Bureau, as well as across wider provider services. 

Taking all of the above into account, West Northamptonshire Council is satisfied that appropriate measures have 
been implemented to address the concerns and reduce the likelihood of similar issues arising in the future. 

Kind Regards  

Team Manager 
Assurance Hub – Safeguarding Adults Team 
People Services 

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