1. Do you understand the ramifications of a death in your unit
Do you understand the ramifications of a death in your unit? Andrew Parsons RadcliffesLeBrasseur

2. Provision of End of Life Care
The tension between the expected and the culpable

3. Potential Ramifications
Regulatory Notification
Contractual Matters
DOLs
Coroner
HSE
Police
CQC Prosecution
Claim PR

4. Regulatory Notification
CQC
Duty of Candour
Riddor

5. Contractual Matters Placement termination date
Clearing the residents room
Obtaining payment of outstanding fees
Returning property held in safe-keeping

6. Coroner Request for Statement Order for documents Witness Order
NB Scotland is different jurisdiction

7. New Coroner’s Court offence of altering inquest evidence
“It is an offence for a person to do anything that is intended to have the affect of (a) distorting or otherwise altering any evidence, document or other thing that is given, produced or provided for the purposes of an investigation, or (b) preventing any evidence, document or other thing from being given, produced or provided for such an investigation…”

8. New offence of altering evidence, Cont
Suppression of evidence is a further offence, ie, suppressing or concealing a document, intentionally altering or destroying such a document
But privileged documents remain privileged

9. What is the jurisdiction/purpose?
Inquest
> Who, when, where and how
> No attribution of liability
> PFD Issues

10. DOLs Notification to local authority
Notification to Coroner – amounts to a death in state custody
Jury Required

11. HSE Prosecution authority for health and safety issues
Increased involvement in healthcare
Interviews under Caution
S.37 personal liability
Memorandum of understanding with CQC

12. Police Corporate Manslaughter Wilful neglect or ill-treatment
Individual carer or corporate provider
Autumn Care Prosecution

13. CQC Prosecution Prosecution authority in own right
Previously little used
Agreement with HSE leading to more cases
St Anne’s Community Services Prosecution = £190,000 plus costs

14. Claim
Personal Injury claim – pain and suffering pre-death and Art 2 Human Rights Act compensation?
Contractual claim for refund

15. PR Adverse publicity Easy “copy” for the media
Impact on a local defined market
Wider corporate impact e.g Castlebeck

16. Thank you for listening
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