Source · Prevention of Future Deaths

Yuksel Ismail

Ref: 2022-0263 Date: 25 Aug 2022 Coroner: Emma Whitting Area: Bedfordshire and Luton Responses identified: 1 / 1 View PDF

Bedford Hospitals NHS Trust failed to implement recommendations for mental health patient transfers, with an inadequate new policy and staff confusion regarding powers to detain 'at-risk' patients lacking mental capacity.

Date 25 Aug 2022
56-day deadline 28 Nov 2022 est.
Responses identified 1 of 1
Road (Highways Safety) related deaths

Coroner's concerns

AI summary
Bedford Hospitals NHS Trust failed to implement recommendations for mental health patient transfers, with an inadequate new policy and staff confusion regarding powers to detain 'at-risk' patients lacking mental capacity.
View full coroner's concerns
1. The Court was told that an SI investigation had not been completed by the Trust in this case; however, the PEARL Meeting on 3 December 2021 acknowledged that "the current transfer policy needs reviewing...the transfer policy implemented around the mental health patients should be prioritised as there are risks involving patients and staff, all depending on the assessment of the patient". Despite this and ELFT's own SI Report (disclosed to the Trust before the PIRH held on 26 May 2022) having highlighted the need for PLS staff to be involved in any decision regarding patients waiting for MHA assessment, or who may need to be conveyed to another area within the hospital site as 'such patients are high risk and often unpredictable', by the start of the Inquest held on 24 August 2022, there was no evidence of Bedford Hospitals NHS Trust's acceptance of the recommendations made. Whilst at lunchtime on the day of the Inquest itself, the Court was provided with a draft of a new Transfer Policy, this Policy still did not appear to have addressed the main issue:
- Whilst it includes "Confused, disorientated, self-harming, suicidal or displaying erratic or aggressive behaviours" and "patients at risk of absconding" in the list of 'At risk' patients in Section 3, the needs of such patients are still not addressed in the Assessment Tool (Appendix 4) nor is the need for consultation with the PLS staff about any of the escort/transfer arrangements.
2. Although ELFT's SI Report (disclosed to the Trust before the PIRH held on 26 May 2022) had highlighted that "There is a need for staff involved in transferring patients, including security staff, to have training in the exercise of the Mental Capacity Act to ensure that patients who are assessed as lacking capacity with identified risks to self are unable to leave the emergency department" and recommended that "training be provided to acute Trust colleagues on the application of the Mental Capacity Act, its use to restrain/prevent somebody leaving the department if they are deemed to lack capacity and there are concerns regarding their risk should they leave, and where the person has capacity but remains a risk to the themselves", there was no evidence before the Inquest of Bedford Hospitals NHS Trust's acknowledgment or consideration of this. Instead:
- The Court heard from several Trust witnesses including a ED Sister, that they considered they had no powers to detain someone within the ED;
- The statement provided to the Inquest by the ED Lead, (provided to the Court along with notice that he would NOT be available to attend the Inquest even though at the PIRH the Court had made it clear that the witness providing evidence of relevant Trust Policy would need to attend the Inquest) appeared confused about the powers available: Para 12 "Physical restraint is permitted in circumstances where the patient is confirmed to lack mental capacity and the restraint is necessary to preserve life or health and is proportionate to risk" Para 17 "Even if a single security officer had assisted with the transfer, they would be unable to physically restrain as the restraint policy specifies a minimum of two security officers are required for this and Mr Ismail was not subject to lawful DOLS at that point";
- PLS Staff stated that they have known of other patients leaving the ED whilst awaiting a MHA assessment

Responses

1 respondent
Bedfordshire Hospital NHS Foundation Trust NHS / Health Body
20 Oct 2022 PDF
Action Taken

The Trust updated its Transfer Policy in collaboration with ELFT, adding a section on patient transfers for those at risk of absconding. The Emergency Department and Safeguarding Team reviewed MCA and restraint training, updating it for junior doctors, and implemented monthly shared learning forums. (AI summary)

View full response
Dear Mrs Whitting

Re: Yuksel Bedri Ismail – Regulation 28 Report to Prevent Future Deaths

I am writing in response to your Regulation 28 Report to Prevent Future Deaths, issued on 26th August 2022, following the Inquest into the death of Mr Ismail, which concluded on 24th August 2022.

I would like to begin by extending my sincere condolences to the family of Mr Ismail for their loss. I appreciate this will still be a very difficult time for the family.

In response to evidence heard at the Inquest you raised some concerns around the policy for transferring patients within the hospital and also the knowledge of our Emergency Department staff in respect of the powers available to them under the Mental Capacity Act 2005.

This letter sets out the Trust’s formal response.

We acknowledge that our SI decision panel, PEARL, did not declare this an SI. On reflection we agree this was not the correct decision and have taken steps to ensure that in future greater consideration as to investigation requirements is given to incidents of a similar nature. The most appropriate criteria in this case would have been a joint investigation between ELFT and BHFT, and we will take this learning forward for the future.

We note that at the SI decision panel, PEARL, whilst we did identify that immediate improvements were required to our Transfer Policy, these had not been fully actioned by the time of the inquest. For this we apologise and have included a copy of the revised policy. The policy has been updated in collaboration with colleagues at ELFT and now more fully addresses patient needs. We have added Section 4.7 around patient transfers for those identified at risk of absconding, and Appendices 6, 7 and 8 now support this addition to the policy.

Cont…..

Collaborative work between the Trust and ELFT will also be ongoing to ensure embedding of protocols and increased safety when it is necessary for mental health patients to be transferred.

In response to concerns regarding application of the Mental Capacity Act and restraint training, the Emergency Department together with the Trust’s Safeguarding Team have worked with colleagues at ELFT to review the current provision for staff in the Emergency Department. This has led to amendments which include updates to MCA and restraint training for junior doctors in the Emergency Department and monthly shared learning forums with the PLS and the acute medicine team where particularly complex cases are also reviewed.

I hope that this response provides assurance to Mr Ismail’s family and to you that the Trust has taken the learning from the Inquest very seriously and continues to improve its policies and procedures, and has put in place measures to ensure safe and effective services.

Report sections

Investigation and inquest
On 09 December 2021 I commenced an investigation into the death of Yuksel Bedri ISMAIL aged 23. The investigation concluded at the end of the inquest on 24 August 2022. The Narrative Conclusion of the inquest was that: After absconding from a nearby hospital, the Deceased was struck by an HGV on the M1 and suffered fatal injuries.
Circumstances of the death
Shortly before 19.30 hours on 28 November 2021, the Deceased was witnessed to run into the path of an oncoming HGV on the M1 motorway. Despite the driver of the HGV taking all possible avoiding action, the Deceased was struck by the front nearside of the HGV and was fatally injured; although, he was taken by paramedics to the Luton & Dunstable Hospital, his death was confirmed at 20.30 hours. He had been admitted to the Luton & Dunstable Hospital earlier that day after having been found in a vulnerable state and had been assessed by the Psychiatric Liaison Team as being psychotic, lacking in mental capacity, and in need of a MHA assessment. In view of his vulnerability, the Psychiatric Liaison Service staff had also requested the Accident and Emergency Staff to provide him with 1:1 observation as they were concerned about him leaving the hospital. Whilst still awaiting a full MHA assessment, shortly after 19.00 hours, he had been transferred by the same member of staff carrying out the 1:1 observation to a Ward but, during the transfer, had absconded and exited the hospital site heading towards the M1.

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Report details

Reference
2022-0263
Date of report
25 August 2022
Coroner
Emma Whitting
Coroner area
Bedfordshire and Luton

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: 28 Nov 2022 (estimated).

Sent to

Bedford Hospitals NHS Foundation Trust

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