Prevention of Future Deaths reports · 2018

David Stacey

Regulation 28 report to prevent future deaths, written 28 Dec 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report28 Dec 2018
DeceasedDavid Stacey
CoronerDianne Hocking
Coroner areaLeicester City and Leicestershire South
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

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

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

East Leicestershire Clinical Commissior~i~`g~~Group
Heart of England NHS Foundation Trust
Minister for Health (Mr Matthew Hancock)

1

CORONER

I am Mrs Dianne Hocking Assistant Coroner, for the area of Leicester City and
Leicestershire South

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 08 December 2017 I  commenced an investigation into the death of David Reginald
Bert Stacey

The Inquest concluded on 14 December 2018 before a jury.

Cause of Death 1a) Chest injuries sustained in a road traffic collision.

4

CIRCUMSTANCES OF THE DEATH

The findings of the jury in Box 3 were `Mr Stacey was in  his Toyota car on the A4304
Theddingworth  Road at 11.02 on the 27th  of November 2017, after  a road  traffic
collision. Despite medical treatment he was pronounced dead at the scene. The road
traffic  collision  was attributed  to  Mr Stacey driving  at approximately 78 MPH and
crossing the double solid central line into oncoming traffic.'

The jury's conclusion in Box 4 was:-

`On the 27th of November 2017at 00:23 the police received a 999 call from Mr Stacey's
neighbour that Mr Stacey was at his neighbours home and had allegedly been attacked.
The police attended and took Mr Stacey back to his own home. Mr Stacey was agitated
and worried the I.R.A were after him. The police decided that Mr Stacey needed to be
seen by Triage Car to be assessed and they were called. Triage Car arrived and the
senior mental health nurse spoke to Mr Stacey and decided he needed to be assessed
under section 2 of the mental health act. The mental health act assessment team were
contacted and the Triage Car nurse gave a handover to one of the doctors. The doctors
agreed he needed to be assessed and said they would attend after they had finished
their current assessment. The Triage Car team informed the police the mental health act
assessment team were on their way and they could leave when the next mental health
act assessment team arrived. The mental health act assessment team arrived and were
given  a  handover  by  the  police.  We feel  unanimously  that  the  handover  was
appropriate. After the handover the police left and we feel unanimously that the police
officers should  not have remained at the property whilst the assessment was taking
place. We feel unanimously that there was no further police presence needed, despite
the calls  made. During the assessment there was concern by the mental health  act
assessment team, however we feel unanimously that Mr Stacey's behaviour did  not
warrant the mental health assessment team leaving the premises. The doctors made the
recommendation that Mr Stacey should be detained under section 2 of the mental health
act and the AMHP acce ted  their  recommendations. We feel  unanimous)  that the

 AMHP became responsible for Mr Stacey's safety.
After the assessment, the mental health act assessment team decided to leave the
building and Mr Stacey was left alone. We feel unanimously that the level of risk was
assessed appropriately as a high -level of risk. The mental health act assessment team
then convened in a car outside to finish  paperwork and escalated the case on to their
respective line managers. Mr Stacey had no further known contact until 10-12 AM on the
27th November when a 999 call was made by him. In this call he repeatedly used the
phrase "violet line", so we unanimously feel, that Mr Stacey was still suffering psychotic
symptoms. Mr Stacey was then involved in a fatal road traffic collision at 11.02P;M on
27th November 2017.We accept the admission by the Leicestershire Partnership Trust
that a bed was available for Mr Stacey and find that it was not communicated properly
due to a serious failure in their process.
Additionally we find that Mr Stacey's death was "contributed to by neglect by the mental
health act assessment team" due to the team leaving Mr Stacey's property before other
safeguards had been put in place.

5

CORONER'S CONCERNS

An expert was instructed to advise on the psychiatric aspect of Mr Stacey's death. One
of the issues he identified  was a failure to identify availability of a bed for cases of
special  urgency.  This is  a statutory requirement under section 140 of the Mental
Health Act 1983 that the relevant health bodies (local Clinical Commissioning Group and
Local Health Board) give advice to every social services authorities within the area of
arrangements that are in force for the reception of mentally disordered patients in cases
of special urgency.  The expert was in  no doubt that Mr Stacey would have fulfilled the
'special  urgency' category.  It  transpires from  my further  communication  with  the
Leicestershire Partnership Trust that there is no such facility in Leicestershire.  It would
appear to be a statutory requirement that is currently being ignored and I  am concerned
that another similar  situation  might arise  when there  are  no beds available  to  or
identifiable by, the local Trust.

I. ACTION SHOULD BE TAKEN

I n my opinion action should be taken to prevent future deaths and I  believe you 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 25 February 2019. 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:-
a)
b) Leicestershire Partnership Trust (Chief Executive Dr P Miller and Chief Nurse

 (next of kin of Mr Stacey)

)
c) Leicester City Adult Safeguarding (Pretty Patel)
d) Chief Constable of Leicestershire Police
e) Covea Insurance

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 ma send a co  of this re  ort to an  erson who he believes ma 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 [DATE] 

~~/~~~i~ 

~ 

[SIGNED BY CO ~

.;~

 East Leicestershire
and Rutland
Clinical Corrtmi~sioni~g Croup

CCG Headquarters
Leicestershire County Council
Room G30, Pen Lloyd Building
County Hall, Glenfield
Leicester LE3 8TB
Web: www.eastleicestershireandrutlandccg.nhs.uk

~

~

Karen English, Managing Director
0116 295 3405

From the office of:
Telephone:
Email:
Our ref:
Your ref:

25 February 2019

Mrs Dianne Hocking
Assistant Coroner
Leicester City and Leicestershire South
The Coroner's Court
Town Hall
Town Hall Square
Leicester, LE1 9BG.

Dear Mrs Hocking,

Re: Regulation 28 notice following the investigation into the death of Mr David
Reginald Bert Stacey

I write  in  response to  the  Regulation  28 Notice  issued  to  the  CCG following  the
investigation  into  the death of Mr David  Stacey, particularly  in  relation  to the CCG's
responsibilities under section 140 of the Mental Health Act 1983.

The CCG notes that section 140 of the Mental Health Act 1983 states the following:

Notification of hospitals having arrangements for special cases.
It shall be the duty of every clinical commissioning group and of every Local Health Board to give
notice to every local social services authority for an area wholly or partly comprised within the area of
the clinical  commissioning  group  or Local Health  Board specifying  the  hospital  or hospitals
administered by or otherwise available to the clinical commissioning group or Local Health Board in
which arrangements are from time to time in force

(a) for the reception of patients in cases of special urgency;
(b) for the provision of accommodation or facilities designed so as to be specially suitable for

patients who have not attained the age of 18 years.

In line  with  the regulations the CCG has informed the local social services authorities
within the CCG area that Leicestershire Partnership NHS Trust (LPT) is the mental health
hospital that should be contacted for the reception of patients in cases of special urgency;
and for the provision of accommodation or facilities designed so as to be specially suitable
for patients who have not attained the age of 18 years.  It would then be the responsibility
of LPT to arrange for the specific  bed type required  by the sectioning  doctors to  be
available either locally within LPT services or further afield if not available locally, which is
in  line  with  the services the CCG commissions from LPT.  Furthermore, the CCG is

Managing Director: Mrs Karen English 

Chair: Dr Ursula Montgomery

 working proactively with LPT to ensure a "no out of area acute admission rule" forms part
of the LPT contract from 1 April 2019.

I note that in this case the AMHP, from the local authority, contacted LPT in line with the
local arrangements and information that the CCG has communicated to the local authority
(as required under section 140 of the Mental Health Act 1983).

I hope that this information is helpful.  Please do not hesitate to contact me if I  can be of
any further assistance.

Yours sincerely

~'.~~.  ~~

Karen English
Managing Director

Related reports

More reports categorised “Road (Highways Safety) related deaths”

See all →

Track Road (Highways Safety) related deaths

See every Prevention of Future Deaths report matching Road (Highways Safety) related deaths, and how often a new one appears.

What would an alert for this have sent me? Search the full text

Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.

These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.