Source · Prevention of Future Deaths

Matthew Gale

Ref: 2024-0456 Date: 13 Aug 2024 Coroner: Simon Connolly Area: County Durham and Darlington Responses identified: 1 / 1 View PDF

Carers were not informed of Section 17 leave conditions or provided forms, and compliance audit data is inconsistent. Removing the requirement for carer signatures in a new policy increases future risks.

Date 13 Aug 2024
56-day deadline 8 Oct 2024 est.
Responses identified 1 of 1
Suicide (from 2015)

Coroner's concerns

AI summary
Carers were not informed of Section 17 leave conditions or provided forms, and compliance audit data is inconsistent. Removing the requirement for carer signatures in a new policy increases future risks.
View full coroner's concerns
At inquest, Matthew's mother gave evidence that she was never informed of the terms upon which Matthew's section 17 leave had been authorised by those responsible for his treatment and specifically that Matthew should never be left alone or unaccompanied whilst on section 17 leave nor was she provided with a copy of Matthew's section 17 leave form. The Trust acknowledged and admitted that there was no evidence in any records available to it that such discussions had been had with Matthew's mother or that a copy of the section 17 leave form had been provided to her. The Trust gave evidence of changes implemented since Matthew's tragic death to avoid future recurrence and I requested additional evidence from the Trust in relation to audited compliance data. Notwithstanding changes already implemented and envisaged and by its own admission, the Trust's compliance data is "inconsistent" generally but specifically in relation to the provision of the section 17 leave form to a carer/ person accompanying a patient subject to section 17 leave. That evidence demonstrated a 50% compliance rate in December 2023, a 52% compliance rate in March 2024 and a 76% compliance rate in May 2024, with a compliance rate of 80% or above considered to be "good" by reference to the Trust's compliance criteria. Additionally and in relation to changes already implemented, the Trust's evidence at inquest was that its revised section 17 leave policy for detained patients had removed the previous requirement that the section 17 leave form ought tot be signed by the person accompanying the patient, the explanation for this being the Trust's roll-out of a new digitised system. The inconsistent compliance audit data referenced above gives rise to a concern that there is risk that future deaths could occur consequent to this change unless action is taken.

Responses

1 respondent
Tees Esk & Wear Valley NHS Foundation Trust NHS / Health Body
11 Oct 2024 PDF
Action Taken

Tees, Esk and Wear Valleys NHS Foundation Trust has implemented weekly Fundamental Standards Group meetings, added Section 17 leave to the Trust wide preceptorship package, and arranged a task and finish meeting to develop a more frequent auditing process. They have also provided staff with leave folder templates and contact cards, and continue to audit clinical records to assess compliance with Section 17 leave procedures. (AI summary)

View full response
Chief Executive:

Chair: 1 Office of the Chief Executive West Park Hospital Edward Pease Way Darlington County Durham DL2 2TS

11th October 2024

Private and Confidential HM Assistant Coroner Mr Simon Connolly By email:

Inquest into the death of Matthew Gale

I am writing to you in response to the Report to Prevent Future Deaths (PFD), served on the Trust on 16 August 2024, in relation to compliance audit data relating to Section 17 leave. Our Chief Nurse has been working with the Care Group Directors of Nursing, Medical Directors and Directors of Therapy to ensure that the Trust have consistent oversight of daily performance and the improvement trajectory around Section 17 leave, which is reported to the Board of Directors.

As previously advised, following the May 2024 audit results the Trust implemented the following to improve Section 17 leave requirements:

- The weekly Fundamental Standards Group for all inpatient staff have amended its agenda to focus purely on quality assurance audit results to enable audit results to be discussed, with agreed actions identified for matrons and managers.

- Section 17 leave and communication with families/carers around the responsibilities of the accompanying role has been added to the Trust wide preceptorship package, which is required to be undertaken by every registered nurse who joins the Trust.

- The Trust continue to work with families to focus on the importance of carers, families and loved ones and their involvement in care.

- In June 2024 a task and finish meeting was arranged to discuss the May audit results to develop a more frequent auditing process at ward level to monitor compliance with Section 17 leave requirements, develop a training package for all staff and to review the Section 17 leave policy. Since the development of this task and finish meeting, the Trust have done a significant amount of work to improve Section 17 leave compliance.

The Section 17 leave policy has now been reviewed, amended and rolled out across the Trust, with a decision made that the Section 17 leave form and leave/time away from the ward monitoring form will remain in paper format, rather than going electronic. Section 17 leave forms are required to be signed by both the patient and accompanying person, to ensure they are aware of the conditions of leave and each person is provided with a copy, with a copy now also kept within a leave folder on the ward to ensure that a copy is always available prior to any leave. The leave/time away from the ward monitoring form, has been

Chief Executive:

Chair: 2 amended and now includes sections to identify the name of the accompanying person and they now have to sign to confirm that they are aware of the leave conditions prior to each period of leave.

The changes to the Section 17 leave policy has been discussed at Quality Board, which included a representative from the Integrated Care Board, NHS England and the Care Quality Commission, who all approved of the changes.

The Associate Director of Nursing and Quality has developed and delivered targeted training to all Associate Directors of Nurses (ADONs) around Section 17 leave, including the changes to policy and procedures and the need to ensure that processes are being followed and documented. This training is currently being disseminated across the relevant parts of the Trust with oversight of the ADONs. Within the last three weeks, 957 (70%) of substantive ward staff within the Trust have been trained in the new Section 17 leave policy. In addition to this, Section 17 leave/time away from the ward training has been delivered to temporary workers, community staff, corporate services, and professional groups to ensure they are aware of the changes. Compliance with training continues to be closely monitored by the ADONs to ensure the Trust captures all relevant staff.

The ADONs have all been provided with a checklist to complete which requires them to confirm that the updated Section 17 leave policies have been shared with all relevant staff that they have responsibility for and that this has been included as a topic at multi-disciplinary team meetings, for a period of 2 weeks, to raise awareness of the changes in policy in addition to the requirements of staff to attend the Section 17 training.

In order to further assist staff with the requirements of Section 17 leave, staff have been provided with leave folder templates and contact cards, which are now in use across the relevant parts of the Trust. At the front of the leave folders is a flowchart that has been produced to remind staff of the requirements of Section 17 leave. The leave folder also contains a copy of the most recent Section 17 leave form and the leave/time away from the ward monitoring form to enable easy access. Contact cards are now also given to the patient and the accompanying person, which have details of the ward contact details, any conditions of leave, a check that a copy of the section 17 leave form has been provided and details of time and date which patient is due to return.

The Trust continue to audit the clinical records to assess the Trust compliance with Section 17 leave procedures and an assessment will be made to determine the impact of the Section 17 leave policy changes, which was approved on 10 September 2024 by the Trust's Executive Team.

We hope that the above demonstrates that the Trust are continuously working to improve processes around Section 17 leave and will continue to monitor this closely to ensure the changes are embedded.

Report sections

Investigation and inquest
On 24/03/2023 18:22an investigation was commenced into the death of Matthew Clive GALE 11/10/1985 00:00:00. The investigation concluded at the end of the inquest on 23/05/2024 14:17. The conclusion of the inquest was that Matthew’s death occurred on 19th March 2023 at . Matthew had a history of mental ill-health dating back to June 2017 including periods as a patient in West Park Hospital. Matthew had a schizoaffective episode in February 2023 and was admitted to Maple Ward of West Park Hospital. Treatment plans were put in place but Matthew’s condition deteriorated from 6th March 2023 and he was formally detained under the Mental Health Act on that day. He was granted Section 17 leave on the 8th March but there are no records to support this. The conditions of his leave were widened and incorrect forms were used and the conditions were not conveyed to Matthew’s family. The salient condition was that Matthew should not be left alone and the failure to communicate contributed..
Circumstances of the death
Matthew’s death occurred on 19th March 2023 at . Matthew had a history of mental ill-health dating back to June 2017 including periods as a patient in West Park Hospital. Matthew had a schizoaffective episode in February 2023 and was admitted to Maple Ward of West Park Hospital. Treatment plans were put in place but Matthew’s condition deteriorated from 6th March 2023 and he was formally detained under the Mental Health Act on that day. He was granted Section 17 leave on the 8th March but there are no records to support this. The conditions of his leave were widened and incorrect forms were used and the conditions were not conveyed to Matthew’s family. The salient condition was that Matthew should not be left alone and the failure to communicate contributed.

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Report details

Reference
2024-0456
Date of report
13 August 2024
Coroner
Simon Connolly
Coroner area
County Durham and Darlington

Responses identified

Responses identified 1 of 1
All listed responses identified

Organisations named in PFD reports are normally expected to respond within 56 days. Deadline: 8 Oct 2024 (estimated).

Sent to

Tees, Esk and Wear Valleys NHS Foundation Trust

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