COURT OF PROTECTION - WHEN TO CONSIDER

1) There are only two situations in which a court of protection application MUST BE MADE :

  • when the treatment creates a deprivation of liberty    
  • when one of the below arises in a decision about life-sustaining treatment, including the withdrawal or withholding or clinically-assisted nutrition and hydration

2) An application to the Court of Protection MUST BE CONSIDERED and is highly likely to be considered appropriate when decision about the most appropriate treatment plan:

  • is finely balanced between the benefits and disadvantages of a course of action/options
  • involves a difference of medical opinion
  • otherwise involves a lack of agreement (e.g. family members)
  • entails a potential conflict of interest for the decision-maker
  • complex specific situations such e.g. decisions involving a patient or family's strongly-held religious beliefs

3) Further situations when an application to court SHOULD BE CONSIDERED and legal advice sought are where the proposed treatment entails serious interference in the patient's human rights e.g. proposed sterilisation or contraception, donation of organs or other tissues, experimental or innovative treatment, and ethical dilemmas, untested or controversial treatment.

View the full guidance here.

If you have any queries please contact Bev Frankland, Inquest and Legal Manager or Paul McAndrew, Deputy Medical Director in the first instance.

Notifying Deaths to the Coroner 

Process for notifying deaths - This flow chart sets out the current process that should be followed when reporting a notifiable death to the Coroner

Guide to which deaths must be reported - This document sets out which deaths must be reported to the Coroner in accordance with the Chief Coroner Regulations 2019

All reports of sudden deaths occurring in South Tyneside or Gateshead will need to be completed via this electronic portal.  

Meanwhile If you have any queries of concerns in respect of this guidance please contact:

Bev Frankland Risk and Legal Manager on ext 40038 or email b.frankland@nhs.net

Gross Negligence Manslaughter

Prosecutions and convictions of healthcare professionals for gross negligence manslaughter (GNM) are rare. However in 2015, a trainee Paediatrician Dr Bawa-Garba was found guilty of GNM as a result of the death, from sepsis in 2011, of 6 year old Jack Adcock. This case raised concern not just in medicine but across the wide range of healthcare professions.  There was in particular concern that this case would have a very negative impact on reflection and learning by healthcare professionals, something which is essential in improving patient safety.
As a result of this case there have been two independent reviews with the aim of:

  • promoting a just culture - improving patient safety
  • revising legal guidance - promoting consistency
  • providing clearer understanding of GNM

STSFT has considered the outcomes of both reviews carefully and identified local learning that we could take from this. A series of recommendations were agreed and an action plan developed to ensure the recommendations were addressed. Progress with implementation of the action plan is monitored by CGSG.

If you have any queries or would like further information please contact 

Bev Frankland
Inquest and Legal Manager
(0191) 5410038  or ext 40038
Email b.frankland@nhs.net

Read briefing here. 

Street Homeless Discharges

Please ensure the following when discharging a patient as street homeless:

  • Patient has capacity
  • Referral has been made to LHA
  • If the patient has any ongoing medical needs eg dressing changes / medication that appropriate arrangements are in place prior to discharge.
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