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Independent Investigation
into the
Care and Treatment Provided to Mr. X
by the
Northumberland Tyne and Wear NHS Foundation Trust
Executive Summary
Commissioned by
NHS North of England
February 2014
Report Prepared by: HASCAS
Report Authored by: Dr. E Gethins Consultant Forensic Psychiatrist
Dr. A Johnstone CEO HASCAS
Independent Investigation Report Mr. X
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Contents
1. Preface
Page 3
2. Condolences
Page 3
3. Incident Description and Consequences
Page 3
4. Background and Context to the Investigation
Page 4
5. Terms of Reference for the Independent Investigation
Page 4
6. The Independent Investigation Team
Page 5
7. Summary of Findings and Conclusions
Page 6
8. Notable Practice
Page 10
9. Recommendations and Progress made by the Trust since the
Homicide
Page 11
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1. Investigation Team Preface
The Independent Investigation into the care and treatment of Mr. X was commissioned by
NHS North of England pursuant to HSG (94)27.1 The Investigation was asked to examine the
circumstances associated with the death of Mrs. X who was found dead at her home address.
Her son, Mr. X, who lived with her, was subsequently arrested. He was subsequently
convicted of manslaughter on the grounds of diminished responsibility.
Mr. X received care and treatment for his mental health condition from the Northumberland
Tyne and Wear NHS Foundation Trust. It is the care and treatment that Mr. X received from
this organisation that is the main subject of this Investigation.
Investigations of this sort should aim to increase public confidence in statutory mental health
service providers and promote professional competence by ensuring that lessons are learned
and applied. The purpose of this Investigation is to learn any lessons that might help to
prevent any further incidents of this nature and to help to improve the reporting and
investigation of similar serious events in the future.
2. Condolences to the Family and Friends of Mr. Y
The Investigation Team would like to extend its sympathies and condolences to the family
and friends of Mrs. X. The Investigation Team are mindful that not all the issues related to
the homicide can be addressed by this report but we hope that it will help to clarify at least
some of the outstanding questions that and will allow family and friends to understand the
circumstances associated with the death of Mrs. X more clearly.
3. Incident Description and Consequences
Mr. X received care and treatment from the Northumberland Tyne and Wear NHS
Foundation Trust, and its predecessor bodies, for a period of some 20 years. During this time
it was acknowledged that he had a severe and enduring mental illness.
As time moved on Mr. X’s mother, with whom he lived, became physically unwell and
increasingly dependent upon him. On the day he killed his mother Mr. X dialled 999 and told
the police what he had done. When police attended they found Mrs. X in the living room
dead. Mr. X was arrested and taken into custody. His mental health deteriorated whilst he was
in custody and he was subsequently transferred to a secure hospital. At trial he was convicted
of manslaughter by virtue of diminished responsibility.
1. Health Service Guidance (94) 27
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4. Background and Context to the Investigation (Purpose of Report)
HASCAS Health and Social Care Advisory Service was commissioned by NHS North of
England (the Strategic Health Authority abolished on 32 March 2013) to conduct this
Investigation under the auspices of Department of Health Guidance EL (94)27, LASSL (94) 4,
issued in 1994 to all commissioners and providers of mental health services.
This guidance, and its subsequent 2005 amendments, includes the following criteria for an
independent investigation of this kind:
i) When a homicide has been committed by a person who is or has been under the
care, i.e. subject to a regular or enhanced care programme approach, of specialist
mental health services in the six months prior to the event.
ii) When it is necessary to comply with the State’s obligations under Article 2 of the
European Convention on Human Rights. Whenever a State agent is, or may be,
responsible for a death, there is an obligation on the State to carry out an effective
investigation. This means that the investigation should be independent, reasonably
prompt, provide a sufficient element of public scrutiny and involve the next of kin
to an appropriate level.
iii) Where the SHA determines that an adverse event warrants independent
investigation. For example if there is concern that an event may represent
significant systematic failure, such as a cluster of suicides.
The purpose of an Independent Investigation is to thoroughly review the care and treatment
received by the patient in order to establish the lessons to be learnt, to minimise the
possibility of a reoccurrence of similar events, and to make recommendations for the delivery
of Health Services in the future, incorporating what can be learnt from a robust analysis of
the individual case.
5. Terms of Reference
To examine the circumstances of the health care and treatment of Mr. X, in particular:
“the quality and scope of his health care and treatment, in particular the
assessment/mitigated and management of risk;
the appropriateness of his treatment, care and supervision in relation to the
implementation of the multi-disciplinary Care Programme Approach and the
assessment of risk in terms of harm to himself and others. This should take into
consideration other family members in receipt of services, as well as those who may
be in a carer role;
the standard of record keeping and communicated between all interested parties;
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the extent to which his care corresponded with statutory obligations and relevant
guidance from the Department of Health and other professional bodies;
carer support issues;
explore trigger events including those that could have changed the outcome
safeguarding issues;
prepare an independent report of the findings of that examination and make
recommendations to NHS England”.
6. The Independent Investigation Team
Selection of the Investigation Team
The Investigation Team was comprised of individuals who worked independently of The
NHS Foundation Trust subject to this Investigation.
Investigation Team
Dr. Androulla Johnstone Chief Executive - HASCAS Health and Social
Care Advisory Service and Investigation Nurse
Member
Dr. Elizabeth Gethins
Associate - HASCAS Health and Social Care
Advisory Service and Consultant Forensic
Psychiatrist Member
Support to the Investigation Team
Mr. Greg Britton
Investigation Manager - HASCAS Health and
Social Care Advisory Service
Work Conducted
liaison with the commissioner and provider organisations;
review of the health and social care records for both Mr. X and his mother;
review of Police statements;
review of the Trust-based Serious Incident Management Review;
review of the evidence and transcripts from the interviews conducted by previous
Investigations;
review of the initial written findings of previous Investigations;
completion of a chronology of the events and identification of any care and service
delivery problems;
group interview with Trust Board Executive Officers;
workshop with staff from Northumberland Tyne and Wear NHS Foundation Trust,
Adult Social Care, Newcastle City Council, and Newcastle upon Tyne Hospitals NHS
Foundation Trust;
provision of a written report and executive summary.
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7. Findings and Conclusions Regarding the Care and Treatment Mr. X Received
7.1. Findings
The HASCAS Investigation Team identified nine thematic issues that arose directly from
analysing the care and treatment that Mr. X received from the Northumberland Tyne and
Wear Foundation NHS Trust.
1. Diagnosis. Prior to the homicide all clinicians recognised Mr. X had an enduring
mental illness. Over the years there was a difference of opinion regarding whether Mr.
X had a Bi-polar Disorder or Schizophrenia. This does not appear to have adversely
affected the care and treatment he ultimately received. However neither the social and
family situation was taken into full account nor issues relating to Mr. X’s personality.
A robust formulation may have raised flags in the months preceding Mrs. X’s
homicide in relation to both her illness and his dependency.
2. Medication and Treatment. Mr. X was on antipsychotic medication since his early
20s and this was monitored by the GP, the depot clinic and the outpatient clinic.
Issues were identified about the monitoring of medication and medication levels
(Lithium), communication between the GP, the Depot Clinic, and successive
Consultant Psychiatrists, and who took the ultimate responsibility for medicines
management.
Mr. X was on the caseload for twenty years and listed as not being eligible for
psychological treatment. The Investigation found this to be unsatisfactory as there was
little evidence to demonstrate how alternative approaches to working with Mr. X and
family were explored in accordance with national best practice guidance.
3. Use of the Mental Health Act (1983 and 2007). Section 117 aftercare arrangements
were not managed well by the Trust. However whether Mr. X was managed formally
via Section 117 or not he had a good package of aftercare and any omission made no
contribution to the death of Mrs. X. There is no evidence to show that the lack of use
of the Mental Health Act (1983 & 2007) was an issue in this case. Mr. X was a
capacitous adult over a period of twenty years who did not meet the criteria for
detention under the Act.
4. Care Programme Approach (CPA). Mr. X received a good level of CPA up until
the time of his inpatient discharge in May 2001, prior to this time Mr. X’s care and
treatment were provided in a holistic manner. In 2001 Mr. X was discharged from
CPA. After this time the Trust had problems operationalising the CPA policy.
Consultant Psychiatrists acted as Care Coordinators and these individuals had large
caseloads which made fulfilling the role of Care Coordinator unrealistic. In the years
preceding Mrs. X’s death there were problems when referring service users for care
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coordination due to pressures on the service. Consequently this led to few referrals
being made.
The Investigation heard that Mr. X was thought to be on ‘Standard CPA’ at the time
he killed his mother. The Investigation found that in general Mr. X received a high
level of follow up and that it was difficult to understand how this could have been
improved upon even had he been on full CPA. However full CPA could have led to
more structured review processes and a greater degree of coordination and
communication regarding his particular needs in relation to his mother’s deteriorating
physical heath and his growing needs as her carer.
5. Risk Assessment. The Investigation found no evidence of formal risk assessment
processes. Risks were initially recognised in the early years of Mr. X’s contact with
services in relation to his lack of insight, non-compliance with medication and alcohol
consumption. These risks were much less obvious in later years. His risk was
recognised as likely to increase as his mother’s health deteriorated. However although
identified, this risk was not proactively planned for.
6. Service User Involvement in Care Planning and Treatment. Mr. X was a
capacitous adult who was able to engage with his care and treatment and make his
needs known. In the early years his parents were very involved in his care but in later
years Mr. X was seen as more able and independent.
When his mother’s physical health began to decline Mr. X was offered a carer’s
assessment which he declined. Mr. X appears to have been supported at the time by
his family and additional offers of support were made by services to help him with his
mother at home which both he and his mother refused.
7. Carer Assessment and Family Involvement in Care Planning and Treatment. In
the past Mrs. X had acted as a carer for her son. When her physical health began to
decline the roles reversed and Mr. X became the main carer for his mother. Both Mr.
and Mrs. X had capacity and were able to make their needs known. Mr. X was offered
a carer assessment, which he declined, following his mother’s last admission to
hospital. However based upon what was known, and what should have been known,
about the family dynamic the Investigation found that a more proactive approach
should have been taken as it was recognised Mr. X’s mental health was prone to
relapse when faced with family-based change and that his mother’s condition would
continue to deteriorate.
8. Documentation, Professional Communication and Team Working. The
Investigation found clinical record keeping was of a poor overall standard. The
change over to the electronic RIO system was considered to be unreliable and this led
to clinical staff maintaining their own professional records which hindered good
professional communication.
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9. Clinical Governance. In recent years the Trust has developed its clinical governance
systems. These are now robust and can both detect and manage failing clinical teams.
The Investigation found this to be an area of current notable practice within the Trust.
7.2. Summary and Conclusions
Care and Treatment of Mr. X
What Went Well
Mr. X received care and treatment from mental health services over a twenty-year period.
During this time he did not disengage and his mental health remained stable for the majority
of the time. Despite changes to key clinical staff, continuity was maintained with Mr. X and
services were provided which monitored him on a regular basis and ensured that both he and
his family were involved in all of the key decisions that were made. It was recognised that
Mr. X could on occasions become non-compliant with his medication but this was managed
well in that Mr. X was prescribed depot medication which was administered at a clinic where
he could be assessed and any medication non-compliance both managed and monitored.
Where Services Were Weak
The Investigation found that several care and treatment processes were suboptimal during the
twenty-year period in which Mr. X was a user of mental health services. There was a basic
lack of holistic assessment which took into account Mr. X’s family and social context. There
was also a restricted set of care and treatment options available to Mr. X, for example, no
family-focused or psychological therapy was offered and this stance was not reviewed over
the years. There was also an absence of formal risk assessment.
Mr. X was on ‘Standard’ CPA at the time he killed his mother. The Investigation concluded
that this was appropriate given his long period of stability. However there were occasions,
when Mr. X’s mental health had broken down, when an ‘Enhanced’ CPA could have been of
benefit to him but was not available due to restrictions placed upon the service. The CPA
provided to Mr. X was largely uni-professional in nature and whilst maintaining monitoring
and review opportunities did not extend to providing a Wellness and Recovery Plan (WRAP)
or any kind of personalised care and recovery approach. Had a more holistic approach been
taken then it is likely that Mr. X may have experienced an improvement in his quality of life
as it is known he had enjoyed working at an allotment project during an earlier point of time
in his care and treatment with the Trust.
Initially Mr. X’s parents acted as his carers when he experienced a breakdown in his mental
health and maintained a supportive environment for him when he was well. It would appear
that they were not offered a carer assessment; however it is evident that they were involved in
Mr. X’s care and treatment and that they were consulted when key decisions were made, for
example, medication management.
In later years Mr. X became a carer to his mother when her physical health deteriorated.
During this period his role as a carer was recognised and he was offered a carer assessment
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which he declined. Mental Health Services recognised that Mr. X would probably experience
a relapse once his mother died but no proactive support was put in place to mitigate against
this. However the Investigation recognised that Mr. X was a capacitous adult who was
entitled to reject the offers of help that were given to him.
Summary
Mr. X was an individual who suffered from a severe and enduring mental illness who
remained stable for long periods of time and who received a consistent level of support from
services. The level of service he received was effective in that it maintained his health and
wellbeing for a period of some twenty years and was able to intervene in a timely manner on
the few occasions when Mr. X’s mental health declined.
Predictability and Preventability
Whilst it can be understood that some of the care and treatment processes were suboptimal,
materially this had little effect on the effectiveness of the package that Mr. X received. It is
important not to use a hindsight bias when establishing whether or not the homicide of Mrs.
X could have been either predicted or prevented. The Investigation concluded that it could
not have been predicted that Mr. X could have killed his mother. Even had risk assessments
been conducted on a formal and regular basis it is unlikely that any risk of harm to others
would have been detected. Neither Mr. X nor any family had ever expressed any concerns
about his risk of harm to others.
The Investigation concluded that the homicide of Mrs. X was not preventable when
examining the actions of statutory services. Mr. X and his mother were offered a package of
care in keeping with their wishes. In the last few months of Mrs. X’s life both Mr. and Mrs. X
were monitored and reviewed and support put into place. It is a fact that Mr. X stopped
attending for his depot medication in the weeks preceding his mother’s death. However he
had missed depot medication in the past without any deterioration to his mental health. The
treating team adhered to the Trust’s policy and alerted Mr. X’s consultant and continued to
monitor and manage the situation. Mr. X did not fall off the radar and was not ignored by the
service.
In order for a causal relationship to be found between any act or omission on the part of
mental health services and the homicide of an individual the following has to be present:
the knowledge (in this case that Mr. X’s mental health was in decline; he appeared
stable up until he was interviewed by the Police following the homicide);
the opportunity (to be able to intervene once any deterioration was known);
the legal means (for Mr. X to be compelled under the Mental Health Act, for example,
to take his medication).
In the case of Mr. X none of these factors were present.
It should also be remembered that clinicians work without the benefit of hindsight. Clinicians
often have to take positive risks. There are often several different options open to a treating
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team. A decision may be causal; however there may be no culpability. Treating teams do not
operate with the benefit of hindsight. If any decision is made with the best information
available to the team at the time, then it will be the best decision that could have been taken;
even if an incident occurs as a result. What an investigation team needs to understand is the
rationale behind the decision made. The Investigation concluded that Mr. X was being
supported and monitored appropriately and that the homicide of Mrs. X could not have been
prevented.
Trust Present-day Care and Treatment Delivery
The Trust demonstrated to the Investigation that substantial work has been undertaken to
improve and modernise services, incident management and clinical governance systems. The
Investigation concluded that whilst homicides perpetrated by mental service users cannot
always be either predicted or prevented, the services provided by the Trust are delivered in
accordance with national best practice guidance and that and that this should mitigate against
any future serious untoward incidents of a similar nature from occurring again.
8. Notable Practice
The Investigation found several areas of notable practice which have developed since the
death of Mrs. X and are of direct relevance to the findings and conclusions of this
Investigation.
Personalised Care
The Trust has put in place a significant amount of work to ensure that each service user is at
the centre of their care and treatment. This has been achieved by the development of a series
of activities under the ‘About Me’ scheme. This provides the service user with a
comprehensive set of personalised activities and booklets that are about their own unique
plan of care and treatment. The booklets comprise:
a ‘Review of Me’ booklet for carers;
a ‘Treatment for Me’ booklet which details each service user’s crisis plan and the key
processes by which to trigger it;
an ‘Ongoing Treatment for Me’ booklet which contains the crisis plan, how to
recognise relapse, care plans and advice on how to maintain wellbeing and recovery
based upon the service user’s own preferences and experience;
an ‘Introduction to Me’ booklet which contains information the service user would
like to share with services and which forms a base upon which to build a personalised
care and treatment approach;
a ‘Review of Me’ booklet which invites the service user to state what has worked
well and what needs to be changed regarding service approach.
This method, in conjunction with the Trust-wide Wellness and recovery Planning (WRAP)
process, provides a service user-centred approach. All clinical staff are trained in the WRAP
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and service users and their carers are informed about how this works in a series of
presentations and booklets in an accessible and easy to understand manner.
Carer Support and Advice
A carers’ pack called Shining a Light on Carers is available. The pack contains:
a useful contacts for new carers leaflet;
a Common-sense Guide to Patient Confidentiality leaflet;
a Carers’ Charter;
a Checklist for Carers’ of People with Mental Health Problems;
a Carers’ Pocket Handbook.
The pack is well presented, written in plain English and contains relevant advice for carers. In
addition clinical staff have been issued with guidance so that they understand better the kind
of information and support that carers require. A comprehensive Getting to Know You
questionnaire is also used in order to determine the level of involvement and support each
carer requires with a plan of how this will be achieved. The evidence provided to the
Investigation demonstrates that the Trust has a well developed and integrated approach to
working with carers.
Trust Governance Culture and Staff Involvement
The Trust has a particular approach to clinical governance and regards this as being the most
important function of the Trust Board. Each Executive Director is notified of every SUI and
complaint that comes into the Trust in ‘real time’. This means that each Executive Director is
notified instantly and can build up a picture of trends as they occur. This direct approach to
the management of clinical governance ensures that each Director is aware of emerging
trends and of the efficacy of service development and improvement schemes.
The Trust has a commitment to staff involvement and has ensured that a large representative
sample of clinical staff have been in included in the current service Transformation process.
The Executive Board members are visible and accessible and manage the challenges of
working across a large geographical site by ensuring that visits made on a regular basis to all
service areas which ensure a tangible connectivity between clinical areas and the Board.
9. Recommendations and Progress made by the Trust since the Homicide
The purpose of developing recommendations is to ensure that lessons are not only learned,
but influence directly the development and management of services to ensure future patient
and public safety. The Investigation Team worked with the Northumberland Tyne and Wear
NHS Foundation Trust to formulate the recommendations arising from this inquiry process.
This has served the purpose of ensuring that current progress, development and good practice
has been identified. The recommendations set out below have not been made simply because
recommendations are required, but in order to ensure that they can improve further services
and consolidate the learning from this inquiry process. This Section is set out in two halves.
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The first addresses provider recommendations, the second addresses commissioner
recommendations.
9.1. Recommendations for Northumberland Tyne and Wear NHS Foundation Trust
Each recommendation is set out below in accordance with the relevant progress that the Trust
has already made since the time of the incident.
9.1.2. Diagnosis
Service Issue One. The Trust did not provide a robust diagnostic formulation for
Mr. X; whilst this did not contribute to the death of Mrs. X the lack of
formulation meant that Mr. X was not always understood in his full diagnostic
and social context.
Trust Actions since the Homicide
Formulation
All new service users have a formulation in place which allows the team to understand each
individual in the context of their diagnosis and difficulties, such as, relationships, social
circumstances, life events, and the sense that they have made of them. Families and carers are
also involved when appropriate. Improving formulation has been a key part of the Trust’s
Safety Programme.
The development of the core assessment document associated with Trust Care Coordination
and CPA Policy, ratified in November 2010, is now used by all services and clinicians in the
Trust. This is part of the electronic care record supports and enables holistic assessment as it
encompasses health and social care needs and consequently biopsychosocial formulation.
The core assessment has a formulation section which once validated on the electronic care
record cannot be changed. However when the ‘create new’ facility of the electronic record is
used the previous formulation pulls through, so is readily available to view by clinical staff. It
is required to be amended or added to at significant points of transition e.g. admission to an
inpatient ward, referral to another service either for transfer or to facilitate joint working.
The electronic record also clearly identifies how many assessments have been entered. This
enables clinical staff to easily view assessments and associated formulations over the time
period of the record. All clinicians involved in a patient’s care and treatment must keep
accurate and contemporaneous records and it is the responsibility of the Care Co-
ordination/Lead Professional to make sure that all clinical information is up-to-date on the
electronic patient record (RiO) at any point of transition of care. This would be in addition to
a face-to-face or verbal handover, or discussion as part of the review process. The recently
developed transition protocol reinforces the need to do this.
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In addition to this, clinicians have caseload management with their clinical supervisors on a
regular basis, which includes a records check of a number of open cases to look at the quality,
not just completion, of the record. A safety message from the Executive Medical Director
was circulated to all staff in the Chief Executive’s Bulletin in September 2012 to reinforce
the importance of the formulation and evaluation of risk.
The work currently underway as part of the safety programme will be further embedded
through transformation of community services. At this stage of intervention it is also
envisaged that the plan for discharge and potential transfers of new service users will include
a formulation however for existing service users who may have been with services for a long
time; this is part of a going forward strategy with a plan of work linked to planned CPA and
care coordination reviews. Formulation will capture the needs of the patient across their
physical social and psychological presentations consider previous history, recognise strengths
and stressors and lead to a plan of care to support identified needs. Formulation will aid
effective diagnosis.
Transformation update
Progress on formulation and diagnosis will be further strengthened by the design of new
community pathways which is part of a two-year transformation programme. The new
pathways will minimise transitions for service users and enhance communication and joint
working where planned transitions are necessary. The clinical record has been redesigned to
include a standardised framework for formulation which will be prominently displayed along
with the risk assessment. Standard work has been developed for reviews which greatly
enhances multidisciplinary input and reformulation
The design of the new model has included the development of a standardised formulation
which will be completed for all patients using the ‘5P’ model which includes social and
family contexts as well as personality issues. Formulation review is also an integral part of
the pathway for all patients. The formulation will inform the care pathway and care plan.
Within the transformation plans it is also intended that all existing patients care and treatment
will migrate to the new ways of working to ensure equity and quality of service for all. The
service user and where appropriate, their carer, will have a copy of the formulation and initial
plan of care to take away with them after the meeting which follows completion of
assessment/review. Training of all staff will ensure that all staff are aware of the standards
expected.
Recommendation One.
The Trust will, in conjunction with its commissioners, audit the new
arrangements within 12 months of the publication of this report. The audit will
ensure that all of the key points identified above have been implemented
successfully and will make further recommendations for any additional
developments that are required.
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Recommendation Two. The Trust will report on the progress of its new
community pathway to commissioners on the publication of this report in order
to ensure that all care and treatment delivered to service users is seamless and
that communications across all stakeholders is being managed in accordance
with expectation.
9.1.3. Medication and Treatment
Service Issue Two. The status of the physical treatment centre in terms of role,
responsibility and communication issues between the GP, CMHT and
Consultant are raised as areas that need urgent consideration and improvement.
Service Issue Three. There was a lack of best practice treatment options
provided to Mr. X and his family.
Trust Actions since the Homicide
Prescribing
The Trust is clear that prescribing and review of medication is the ultimate responsibility of
an appropriately qualified member of staff. This can be a doctor or a non medical prescriber.
At the time of the incident some Consultant Psychiatrists had large community caseloads and
this resulted in some decisions relating to care being made and not fully communicated. This
has been addressed and it is now very clear what the accountabilities and responsibilities are
of Consultant Psychiatrists with a lead professional role. Emphasis has been placed on the
need to ensure that if prescribing responsibility changes that this is agreed, clearly
communicated, planned and documented.
The Trust now has in place a number of ‘step-down services’ for service users with less
complex needs who would have previously been seen in out–patient clinics. The lead
professional role in these services can be taken on by non-medical prescribers, this ensures
that robust plans are in place for the ongoing review of medication whilst freeing up the
capacity of Consultant Psychiatrists to manage those with more complex needs.
The Trust is part of the National Pathfinder for Non Medical Approved/Responsible
Clinicians. The extension of such roles is a key enabler for the transformation of services
ensuring services users receive safe and effective care.
Shared Care Protocols
The Trust now has in place a number of shared care protocols with primary care. The Trust is
continuing this work with Clinical Commissioning Group colleagues ensuring that there are
clear pathways and expected standards in place for the transfer of responsibility of
medication prescribing. A GP advice line has been introduced in some localities to support
and advise GP’s who may be prescribing and reviewing psychiatric medication. This will be
rolled out further in line with transformation.
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Physical Health Monitoring
Work is progressing to develop an agreed, standardised model for the delivery of physical
healthcare monitoring to community patients across the Trust. In Sunderland locality, where
the transformation work has been most advanced, a ‘one stop shop’ incorporating physical
health monitoring, advice and medication administration is already well established. This
team supports monitoring and titration of Lithium and Clozapine as well as administering,
monitoring effectiveness and reviewing side effects for some patients who receive depot
medications. This has replaced the need to have separate clinics for monitoring of each
different medication for example Lithium and Clozapine and the administration of depot
injections which previously occurred in the three main bases within the locality. This has
improved the level of clinical expertise in relation to these areas.
In Newcastle a small team of nursing staff form the physical treatment centre that supports
the delivery of Electro Convulsive Therapy (ECT) and provides Clozapine and Lithium
monitoring. This team also provides depot clinics across Newcastle. There are now clear
protocols and individualised care plans in place for escalating to all appropriate clinicians
when service users have not attended for their depot. This ensures continuity of treatment of
the depot medication and early intervention when people do not attend.
Treatment and Interventions
In some teams Consultant Psychiatrists are still assigned to the role of lead professional for
large numbers of patients and carry large caseloads. This is being actively addressed through
the transformation of community services as part of the principal community pathways work.
As highlighted above, in order to free up consultants to work with service users with greater
complexity of needs, a number of initiatives have been developed such as nurse led ‘step
down clinics’.
If Mr. X was receiving a service today it is likely that his needs would best be met within the
step-down clinic. Extensive work linked to robust formulation and care planning has taken
place since the time of the incident. Now, a plan of care would be agreed collaboratively
wherever possible by clinicians with service users. The Trust’s Care Coordination Policy
describes how complexity of need informs the decision as to whether a service user has
enhanced needs (on CPA). The clustering process is also concerned with describing the type,
severity and complexity of patient need. A plan of care would be based on the standardised
nationally agreed care pathway for a service user presenting with that need, if for some
reason the plan of care was going to deviate from the national expectation then the rationale
for that should also be readily available within the clinical record.
CPA and clustering processes provide expectations about the minimum frequency at which
patients should be reviewed. Reviews are always clinically led and professional judgement
applied however to aid clinicians maximum timescales for reviews are available within Trust
policy guidance.
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To support the involvement of service users in their own care and to promote recovery
focussed interventions, the Trust has also introduced use of Wellness, Recovery and Action
Plans (WRAP). Over 300 staff of all disciplines have now been trained with WRAP, this
training has been delivered in collaboration with service users and is ongoing. WRAP
supports the safer discharge of patients, outlining a collaboratively agreed plan to support
wellness and can include medication management issues as well as addressing a wide range
of needs as identified by the individual.
Had there been a clear formulation, regular review processes and care plan for Mr. X then
discharge could perhaps have been considered a little sooner. However without a clear plan
this probably prevented the decision being made to discharge him or to have a care plan in
place to work along a discharge pathway. In hindsight, it is recognised that Mr. X may have
benefitted from a wider range of social and therapeutic interventions to encourage a greater
level of social contact.
There is thriving voluntary sector in the area where Mr. X lived. The Local Authority has
kept a community resource for adult mental health and there is a significant amount of
support and recovery based accommodation. People who live in Newcastle have access to a
range of services within the voluntary sector. It is recognised that although a great deal of
work is done with partners that services need to continue to work together to ensure that
service users can gain maximum benefit from the available resources. This is one of the key
principles of the transformation programme. To support this transformation, new staff roles
such as peer support workers have also been developed to work with service users in the
community across pathways bridging traditional service boundaries with the Local Authority,
voluntary sector and into primary care.
Pathway Developments
Within the newly designed community model, evidence-based treatments will be delivered in
line with nationally agreed care packages. There is a clear discharge pathway for service
users. Discharge is considered and planned for from the beginning of the pathway for all
patients and is part of the documentation that they and partners receive. The new model has
regular review meetings built in as well as additional meetings which can be added at the
request of user or carer or any other professional involved. A robust system of review should
avoid any gaps in care in relation to medication as well as other interventions. Smooth
transitions through the pathway are part of the service redesign and the plan will be
negotiated with the user and all partner agencies concerned. The GP is a key partner in this
regard.
The redesigned pathways will ensure a level loading of work across a multidisciplinary team
and realistic work loads have been calculated to inform the design and establishments of the
new teams. Care coordination is a specific role which is recognised in the Care pathway and
sufficient time is built in to the job plans of all disciplines to ensure that whichever
professional undertakes this task is able to do it effectively.
Independent Investigation Report Mr. X
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A key objective within the new model is to enhance partnership working. The Trust is
working with Local Authorities to develop more integrated ways of working and it is
anticipated that co-location of Council services and other professionals with the Trust’s teams
will greatly enhance joint working. Within the new service model, a ‘step up function’ has
been designed which will enable all members of the team involved in the care of patients to
request additional interventions for patients who are potentially relapsing. Entry into this step
up function would also indicate that a review of formulation and plan of care was required. A
stepped approach to leaving the service as part of a planned discharge pathway has already
been introduced in some localities and is being rolled out as part of the new community
model. Previously, there were few options to support service users in a graduated way out of
services, this was an issue and a challenge for service users but it is anticipated that the
stepped approach to discharge will support people back to primary care more effectively.
A single point of access for all urgent and non-urgent referrals and enquiries will be in place
to support service users who may need to come back into the Trust once discharged to
primary care. The single point of access already in place South of Tyne now also has a sign
posting role, recognising that the Trust can’t provide services to everyone and that some
services are best provided by other services.
Recommendation Three. The Trust will, in conjunction with its commissioners,
audit the new arrangements within 12 months of the publication of this report.
The audit will ensure that all of the key points identified above have been
implemented successfully and will make further recommendations for any
additional developments that are required.
9.1.4. Mental Health Act (1984 & 2007)
Service Issue Four. There was a lack of clarity around the registering and
reviewing of Section 117 of the Mental Health Act.
Trust Actions since the Homicide
Section 117 Aftercare
Section 117 is a duty imposed on Local Authorities and Clinical Commissioning Groups to
provide aftercare to patients detained in hospital under the relevant sections. The Mental
Health Act Code of Practice sets out clearly that such aftercare should be planned within the
framework of Care Programme approach. The Trust Care Coordination Policy (updated in
February 2009) incorporated the requirements of Refocusing CPA (2008) in conjunction with
its six Local Authority partners.
For service users on CPA the care plan will also include:
financial issues (if appropriate);
Independent Investigation Report Mr. X
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medication changes, including who is the prescriber, where medication is obtained
from, instructions for administration, how monitoring will be undertaken and where
appropriate Depot clinic/ Clozaril clinic, follow-up. The service user will be offered
information about the medication including benefits and side effects;
any physical health needs;
outpatient appointments;
social requirements;
a risk management plan that recognises and builds on protective factors;
a crisis plan;
seven-day follow up and action to be taken if the service user does not attend;
explicit information relating to services provided under Section 117 (where
applicable);
statement on best interest if any aspect of the care plan concerns client without
capacity in relation to that area of intervention.
The electronic care record (Rio) provides a specific place on the care plan for identification
that the service user in subject to Section 117 and what services are being provided.
In the intervening period following the incident, the Trust participated in Primary Care Trust
(PCT) led work north of Tyne to try and agree a joint policy and process with the three Local
Authorities North of Tyne. There were significant differences of opinion as to the
responsibility for the Section 117 register. Unfortunately this work did not progress, after the
Trust provided its response, to the initial draft due to the demise of the PCT.
Transformation Update
Partnership Working
Within the transformation of community services the concept of integrated working across
health, social care and voluntary sector is a key component of service delivery.
Partnership/integration work streams are a key enabler to the transformation programme and
are now in place with representation across agencies. It is hoped that in the future some
community teams will be able to be co-located and where necessary interagency assessments,
reviews, care-planning and discharge arrangements take place. Whilst this may not address
the strategic monitoring of Section 117 it should ensure that at the point of service delivery
regular meaningful reviews of plans of care and of legal status take place.
The Care Coordination policy is due for review (May 2014).
Recommendation Four. Newcastle Local Authority and the Clinical
Commissioning Group lead on, and work with the Trust, to produce joint
guidance in relation to the application of Section 117 in the context of care co-
ordination.
Recommendation Five. The Trust will, in conjunction with its commissioners,
audit the new arrangements within 12 months of the publication of this report.
Independent Investigation Report Mr. X
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The audit will ensure that all of the key points identified above have been
implemented successfully and will make further recommendations for any
additional developments that are required.
9.1.5. Care Programme Approach
Service Issue Five. The understanding, operationalising and recording of the CPA
process in relation to Mr. X was poor. Care Coordinators were not aware of their
responsibilities under CPA and the service was pressured and unable to respond to the
demand for service users who required an ‘Enhanced’ approach.
Trust Actions since the Homicide
The Care Coordination and CPA Policy (October 2008) set out that service users on a
standard level of care coordination/CPA would usually require the support or intervention of
one agency or discipline. Their care would usually be coordinated by the professional they
were receiving services from. This would include service users who attended psychiatric
outpatient appointments. In such cases their Consultant Psychiatrist would act as their Care
Coordinator. Service users placed on Standard level of care co-ordination/CPA would have
been assessed as:
being likely to self manage problems;
having an active informal support network;
being of little or no danger to themselves or others;
being likely to maintain appropriate contact with services e.g. doctor, community
team (mental health or learning disabilities).
An Enhanced level of care coordination / CPA was for service users who have severe and
enduring mental health problems and/or a learning disability and/or complex needs; and who
were likely to need more help and support from a number of different services and
professionals. This level of care would have included people who:
have multiple care needs that require coordination between different agencies such as
health, Social Services, housing, employment and the voluntary sector etc.;
are only willing to cooperate with one professional or agency but they have multiple
care needs;
are in contact with a number of agencies (including the criminal justice system);
are likely to require more frequent and intensive interventions than provided under
standard care coordination/CPA, perhaps with medication management;
are more likely to have mental health problems and/or a learning disability co-existing
with other problems such as substance misuse;
are more likely to be at risk of harming themselves or others;
are hard to engage, difficult to maintain contact with, and more likely to disengage
from services;
pose a risk if they lose contact with services, for example, because of a history of
repeated relapse due to a breakdown in their medical and/or social care.
Independent Investigation Report Mr. X
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The policy at that time outlined that the requirement for any change of care coordination/CPA
should be based on identified changes in the service user’s presenting needs and/or risks. The
review of Mr. X’s care and treatment indicates that at that time he was capacitous, he
generally attended his appointments or rang to re-arrange and was engaged in services. In
terms of support at the time he was visited by his brother daily, sister every weekend, aunt
one-two per week. There were also other support networks going into the family home: carer
for mother every morning (were offered an increase to twice per day but both Mr. X and his
mother refused this), district nurse every two-three weeks. Mr. X was generally being seen at
the depot clinic and at out patient appointments and had the option of contacting services in
the interim if he needed to. When he had decompensated previously him or one of his
siblings’ contacted services, and actively sought help from the GP or mental health services.
It was therefore probably reasonable to assume that if Mr. X decompensated again he and/or
his family would seek help. Using these criteria at the time of the incident, it would therefore
appear that Mr. X met the criteria for standard CPA at the time of the incident.
Since the time of the incident there has been an extensive review of the ways of working of
Consultant Psychiatrists. All clinicians working with patients are now expected to have in
place clear collaborative plans of care which include a discharge plan. There is also a greater
emphasis on the multidisciplinary team supporting their medical colleagues when patients are
deteriorating; this is more robustly addressed through transformation of community services
as previously discussed and further outlined below.
The current Trust Care Coordination and CPA Policy is a joint one with Local Authority
partners and reflects the changes set out in Department of Health (DH) guidance Refocusing
CPA 2008. The implementation of this policy was underpinned by awareness training of the
new DH guidance and a training programme for staff in adult services.
Social Work staff can and do act as care co-ordinators/lead professionals. In line with DH
guidance refocusing CPA, service users who are not on CPA re required to have a review at
least annually and where there are other agencies involved with service users they should be
part of the review process. However consent would be needed to involve professionals
involved with another family member unless issues of risk were such to override the
confidentiality owed to the service user.
At the time of the incident, one of the difficulties perceived by the Consultant Psychiatrists as
lead professionals was the multidisciplinary teams’ ability to respond flexibly to increase
interventions with service users at a time of increased need. It was felt that the only way to
access a CPN within the team was to make a referral for a care coordinator and this was felt
not to be readily available. There is now a good understanding that if there is the need for a
period of intervention from another professional to meet additional need that this doesn’t
automatically equal enhanced needs and that the decision criteria is the complexity of need
not the number of professionals. There is currently a duty system in place within community
teams to respond to urgent needs and critical situations can be referred into the crisis service,
Independent Investigation Report Mr. X
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however building intensive planned activity into teams is an issue that is being addressed
within transformation and is outlined below.
Transformation Update
The newly designed model for community services includes a ‘Step Up’ function which will
enable staff to respond more quickly to meet the needs of service users. This function will
help to build flexibility into the community team. It is envisaged that this will be a staff
resource that can be ‘pulled’ to service users with the greatest need at short notice. The team
will have two core functions: planned intensive interventions to support discharge from
hospital and a short to medium term response to acuity and need. The team will be available
seven days a week working between 8.00 and 20.00 hours each day. It is also proposed that if
a patient has accessed the crisis team for a brief period then they can equally ‘step down’
through the step up function from the crisis team back to the care of a lead professional who
could be a Consultant Psychiatrist.
As part of the ongoing work, simplification of the administrative processes within and across
teams linked to care coordination are being built in, this will enable clinicians to accurately
reflect the level of need through CPA without the administrative burden. Through
transformation, care coordination and lead professional responsibilities at a local level have
been reviewed and principles agreed in relation to how this should work in practice.
Recommendation Six. The Trust will, in conjunction with its commissioners,
audit the new arrangements within 12 months of the publication of this report.
The audit will ensure that all of the key points identified above have been
implemented successfully and will make further recommendations for any
additional developments that are required.
Recommendation Seven. The Trust will review its Care Programme Approach
Policy as planned in May 2014 incorporating the lessons learned from
examination of this case.
9.1.6. Risk
Service Issue Five. Risk assessment processes were weak and informal and did
not adhere to the spirit of the Trust risk assessment and management policy.
Trust Actions since the Homicide
Review of Risk
For service users who do not have enhanced needs formal reviews should be at least once a
year and will involve the service user, any identified carer and any professionals involved in
an individual’s treatment or care including any involved from a multi agency perspective. If
Mr. X was receiving a service now, the review would be an opportunity to consider how care
is going to be transferred to others including the prescribing and administration of depot
Independent Investigation Report Mr. X
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medication. This consideration would also have included potential risks and relapse
indicators if medication was not administered. Additionally as previously outlined, the work
undertaken to ensure that all patients are regular reviewed and that as a result of that review
the formulation and plan of care are updated to reflect current need should ensure effective
care and treatment are in place and care is not allowed to drift in an unplanned way.
Assessment and Management of Risk
The FACE risk assessment was the specified clinical tool for the assessment of risk however
implementation at the time of the incident was patchy especially by medical staff in busy
outpatient clinics. Risk assessment and risk management has received and continues to
receive a great deal of focus. FACE is now deeply implemented and is integrated into the
electronic care record.
Recognising the limitations of FACE, the Trust has reviewed the use of this across services
and subsequently introduced a phased approach to risk assessment by the use of a narrative
risk assessment template for initial assessments and to reassess the risk for patients who are
not on CPA. The clinical record is electronically configured so that each time a new risk
profile or narrative is created all of the information previously recorded automatically pre
populates the new record. The trust additionally sets the standard that all patients should have
a crisis and contingency plan in place where there has been a significant level of risk
assessed. At the point of discharge it is expected that risk and care plans are updated. As
previously outlined, service users are also actively encouraged to complete WRAP (Wellness
and Recovery Plans) plans in order where possible to self manage their condition with clear
plans for staying well.
The Trust has reviewed its approach to risk assessment and management training, training
programmes are regularly reviewed to reflect evaluations and best practice. Training is now
significantly different; the focus used to be on the completion of the risk assessment, now it is
more focussed about how professionals work collaboratively with service users, carers and
other professionals to understand risk and manage it. The emphasis of the training is now
about recognising individual risks and developing effective plans to mitigate against those
identified risks with an appreciation that risk is dynamic.
The Trust recognises that this area is an area requiring continuing attention and development
and this is why it is one of its key safety themes of the safety programme.
Recommendation Eight. The Trust will, in conjunction with its commissioners,
audit the new arrangements within 12 months of the publication of this report.
The audit will ensure that all of the key points identified above have been
implemented successfully and will make further recommendations for any
additional developments that are required.
Independent Investigation Report Mr. X
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9. 1.7. Carer Assessment and Carer Experience
Trust Actions since the Homicide
No service issues were found. However the Trust has developed the services provided in this
area. The Trust has undertaken a lot of work in this area in collaboration with service users
and has developed a range of documentation now available for service users to record their
perspective and wishes. The pack includes:
Introduction to Me;
Treatment for Me;
Ongoing Plan for Me;
Review of Me – carer version.
The Wellness Recovery Action Plan (WRAP) is now in place for services and training
packages are underway with over 300 staff currently trained. The Trust is working with
service users to develop peer support networks to enhance the service user’s recovery
journey.
There is a thriving voluntary sector in the area and the Local Authority has retained a
community resource for mental health. The Trust has a range of services with the voluntary
sector and they work well together. There is now a greater appreciation and focus within
services of the requirement to address service user’s needs in a more holistic manner and that
the potential impact of life stressors and events can affect the symptoms that service users
present with.
As previously outlined, service developments such as ‘step-down’ clinics and the
introduction of peer support workers will enhance the service that is provided to people with
ongoing needs such as Mr. X. The Trust is committed to ensuring its services provide a
recovery focussed culture where decisions around care are made collaboratively with service
users and their carers.
Recommendation Nine. The Trust will, in conjunction with its commissioners,
audit the new arrangements within 12 months of the publication of this report.
The audit will ensure that all of the key points identified above have been
implemented successfully and will make further recommendations for any
additional developments that are required.
9.1.8. Service User Involvement
Recommendation 10. The Clinical Commissioning Group/s is/are asked in
conjunction with Northumberland Tyne and Wear services and the Acute Trust
to ensure that the identification of, involvement and communication with, carers
Independent Investigation Report Mr. X
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across pathways including primary care is established and incorporated into all
clinical assessment and referral processes.
9.1.9. Documentation and Professional Communication
Service Issue Six. Team working, leadership and caseload management were
dysfunctional immediately prior to and at the time of Mrs. X’s death. Record
keeping and communication processes were not effective and fell short of both
national and local practice best practice guidance.
Trust Actions since the Homicide
Record Keeping
The Trust has a clear records management policy which describes expected practices in
relation to creating and maintaining a clinical record. All services in the Trust now use the
electronic clinical record RIO. This means that all teams are able to see previous episodes of
care and current plans of care; this has increased staff confidence in the electronic system. All
staff are trained prior to being able to access RIO on its functionality, as well, when
electronic updates are put in place training is made available centrally and locally. There is
also an information technology team to support the practical use of RIO and senior clinicians
available to offer advice about the content of the record when required. The Trust has also
developed a guide to clinical record keeping which all people who input into the clinical
record are expected to adhere to, this compliments Royal College Guidance.
Team Working and Communication
All mainstream community services are now managed within the ‘Planned Care’ group of the
Trust. This follows the realignment of services under a business model review in 2011.
The Trust covers six localities with a triumvirate of a clinical director, a senior clinical nurse
and a directorate manager overseeing the localities. Each locality has a service manager
working to the triumvirate and a clinical community manager interfacing directly with the
teams.
Lead consultants and community matrons are also in place to support clinical practice and
operational management in localities and teams. Directors and senior managers regularly visit
and meet with teams
Team leaders are trained to deliver regular clinical supervision within teams and also lead
regular multidisciplinary team meetings that will discuss clinical matters as well as day to day
operational issues. Team leaders are supported by line management but also the workforce
department to manage all aspects of staff matters including training, sickness and matters
relating to conduct. Team leaders have regular meetings where they come together with
senior managers to discuss a wide range of topics and receive communication relating to
current issues. Team leaders also have access to the Trust dashboard which provides them
Independent Investigation Report Mr. X
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with information about a range of metrics relating specifically to their team and how it is
functioning.
The Trust is undertaking a transformation programme with community clinicians being at the
centre of the design of the future model. Through the period of developing the new model all
community services have been engaged with locally via team meetings and also via local
forums with senior managers and the lead clinicians involved in development. These
meetings allow the staff to offer ideas relating to the changes and also explore the
implications of the new model within their locality.
A high level of work has been undertaken within community teams to ensure they have the
correct level of resources and skills to deliver the services required, this includes an
assessment of the skills of all staff in each team to deliver evidence based treatments and
interventions in line with the nationally mandated care packages. This resulted in a local
skills matrix to baseline current skills and has informed future training which is currently
underway across teams.
Community Mental Health Teams have been reorganised to ensure a good critical mass is in
place to deliver the services within a discrete locality. Within Newcastle the North and East
teams have come together and are now based within one building. The entire
multidisciplinary team is based together ensuring good team coherence and support. The
team has a good consistency of members with a team leader who has been in place now for
over three years ensuring consistency of approach to quality of care and sustainability of
service improvements.
Recommendation Eleven. The Trust will, in conjunction with its commissioners,
audit the new arrangements within 12 months of the publication of this report.
The audit will ensure that all of the key points identified above have been
implemented successfully and will make further recommendations for any
additional developments that are required.