Neville Daniel Elisha MCKENZIE · Prevention of Future Deaths report

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Issued 24 Jan 2025•Birmingham and Solihull

Published report and response evidence

This report’s concerns and statements found in recipients’ published responses. Statements are included even where no link to an individual concern is recorded. A link shows an evidence connection; it does not assign responsibility.

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Concerns
2

Raised in this report

Recipients
2

Named on the report

Responses found
2

Of 2 recipients

Stated actions
12

Described in responses

Full report text

This is the full text from the original published report.

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Concerns and recipient responses

Select any concern, action or position to view the source wording.

Report evidence summary

Concerns raised2

  1. Lack of knowledge of anti-choking devices in care settings
    Part of recurring concern: Unsafe implementation of choking-risk prevention measures
  2. Failure to make anti-choking devices available in care homes serving residents at high risk of choking

Stated actions An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.12

  1. NHS Birmingham and Solihull Integrated Care Board

    Work with the Support to Care Homes Team in Solihull on choking-related support.

  2. NHS Birmingham and Solihull Integrated Care Board

    Continue providing care-home support and advice through evidence-based literature and guidance.

  3. NHS Birmingham and Solihull Integrated Care Board

    Develop a root cause analysis tool to improve investigation of choking incidents.

  4. NHS Birmingham and Solihull Integrated Care Board

    Share the clinical learning alert on choking and dysphagia management through NHS contractual meetings and the Nursing Home Managers Development Programme.

  5. NHS Birmingham and Solihull Integrated Care Board

    Review choking incidents with safeguarding and LeDeR teams and share findings with speech and language services to discuss further support.

  6. NHS Birmingham and Solihull Integrated Care Board

    Update the nursing home quality assessment tool to enable more in-depth review of dysphagia management.

  7. NHS Birmingham and Solihull Integrated Care Board

    Commission choking-prevention training for nursing homes, including a specialist guest session.

  8. NHS Birmingham and Solihull Integrated Care Board

    Share dysphagia e-learning information from the NHS E-Learning for Health platform.

  9. NHS Birmingham and Solihull Integrated Care Board

    Offer free Learning from Events training to nursing homes.

  10. NHS Birmingham and Solihull Integrated Care Board

    Monitor compliance with dysphagia guidelines.

  11. NHS Birmingham and Solihull Integrated Care Board

    Explore the current support provided by commissioned community speech and language services.

  12. NHS Birmingham and Solihull Integrated Care Board

    Provide free training on modified diets, choking risk and recommended IDDSI standards.

Respondent positions A position is what a recipient says about a concern when it does not describe a specific action.6

  1. NHS Birmingham and Solihull Integrated Care Board

    Current evidence and clinical guidance do not support routine use of anti-choking devices in nursing homes; established choking techniques remain recommended.

    Disputes the concernThe respondent disagreed with part of the concern or the basis for it.
  2. NHS Birmingham and Solihull Integrated Care Board

    Care homes are responsible for deciding whether to purchase and use anti-choking devices; the ICB does not directly purchase them.

    Redirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
  3. Health and Safety Executive

    Regulation of anti-choking medical devices rests with MHRA.

    Redirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
  4. Health and Safety Executive

    Regulation of care providers using anti-choking devices rests with CQC.

    Redirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
  5. Health and Safety Executive

    HSE considers anti-choking-device concerns outside its regulatory and policy-lead remit.

    Outside remitThe respondent said that this matter was outside its role or authority.
  6. Health and Safety Executive

    Health and social care policy and delivery in England rests with DHSC.

    Redirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Lack of knowledge of anti-choking devices in care settings

Wider context from the report

“1. The inquest heard evidence from ████████, Director of Operations for 1st Care Limited, the company which owns Acorn Care Home where Mr McKenzie was a resident. ████████ explained that since Mr McKenzie's death they have purchased a number of anti choking devices and provided training to all staff on the use of them as part of their first aid training. This arose from investigations and research carried out by 1st Care Limited to try and avoid a fatal incident occurring again. Prior to Mr McKenzie's death 1st Care Limited had no knowledge of the availability of these devices. ████████ explained that there is no legal or regulatory requirement for Care or Nursing Homes to have these devices available. 2. ████████, who has considerable experience working in health and social care, said she was concerned that there was not wider knowledge of the existence of these devices particularly for homes that have a high volume of residents with choking risks like Acorn Care Home. 3. I heard evidence that the devices are relatively inexpensive and do not require extensive training. 4. ████████ evidence was that she felt the devices could save lives in the event of choking incidents and the fact that most homes would not have them, even those with a high risk resident cohort, was creating an avoidable risk of deaths. 5. It was my finding that there is not wide knowledge of the availability of these devices in care settings and if more homes had them it is likely that deaths from choking could be reduced. ”

Is this part of a recurring concern?

Yes — Unsafe implementation of choking-risk prevention measures.

Open source report

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Failure to make anti-choking devices available in care homes serving residents at high risk of choking

Wider context from the report

“1. The inquest heard evidence from ████████, Director of Operations for 1st Care Limited, the company which owns Acorn Care Home where Mr McKenzie was a resident. ████████ explained that since Mr McKenzie's death they have purchased a number of anti choking devices and provided training to all staff on the use of them as part of their first aid training. This arose from investigations and research carried out by 1st Care Limited to try and avoid a fatal incident occurring again. Prior to Mr McKenzie's death 1st Care Limited had no knowledge of the availability of these devices. ████████ explained that there is no legal or regulatory requirement for Care or Nursing Homes to have these devices available. 2. ████████, who has considerable experience working in health and social care, said she was concerned that there was not wider knowledge of the existence of these devices particularly for homes that have a high volume of residents with choking risks like Acorn Care Home. 3. I heard evidence that the devices are relatively inexpensive and do not require extensive training. 4. ████████ evidence was that she felt the devices could save lives in the event of choking incidents and the fact that most homes would not have them, even those with a high risk resident cohort, was creating an avoidable risk of deaths. 5. It was my finding that there is not wide knowledge of the availability of these devices in care settings and if more homes had them it is likely that deaths from choking could be reduced. ”

Is this part of a recurring concern?

No recurring-concern membership is currently published.

Open source report

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Work with the Support to Care Homes Team in Solihull on choking-related support.

Verbatim wording from the response

“• Promoting support and collaboration: The ICB is working with the Support to Care Homes Team in Solihull and exploring the current provision of support from commissioned Speech and Language community services.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 2 · response
Published 27 January 2025

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Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Continue providing care-home support and advice through evidence-based literature and guidance.

Verbatim wording from the response

“The ICB takes the recommendations within the Regulation 28 report extremely seriously. The actions outlined above demonstrate our commitment to learning from Mr. McKenzie's death and working to prevent future similar incidents. We will continue to build on these actions and provide support and advice through evidence-based literature and guidance.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 2 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Develop a root cause analysis tool to improve investigation of choking incidents.

Verbatim wording from the response

“• Conducting assessments and investigations: The ICB is updating the nursing home quality team assessment tool for a more in-depth review of dysphagia management. This includes developing a root cause analysis tool to improve the investigation of choking incidents.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 2 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Share the clinical learning alert on choking and dysphagia management through NHS contractual meetings and the Nursing Home Managers Development Programme.

Verbatim wording from the response

“• Facilitating learning and dissemination: The ICB has shared the clinical learning alert, included choking and dysphagia management, in NHS contractual meetings and the new Nursing Home Managers Development Programme.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 2 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Review choking incidents with safeguarding and LeDeR teams and share findings with speech and language services to discuss further support.

Verbatim wording from the response

“• Ensuring best practice and compliance: The ICB is monitoring compliance with dysphagia guidelines, conducting a review of choking incidents with Safeguarding and Learning from lives and deaths of people with a learning disability and autistic people (LeDeR) teams, and sharing findings with Speech and Language Services to discuss further support.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 2 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Update the nursing home quality assessment tool to enable more in-depth review of dysphagia management.

Verbatim wording from the response

“• Conducting assessments and investigations: The ICB is updating the nursing home quality team assessment tool for a more in-depth review of dysphagia management. This includes developing a root cause analysis tool to improve the investigation of choking incidents.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 2 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Commission choking-prevention training for nursing homes, including a specialist guest session.

Verbatim wording from the response

“• Commissioned training for nursing homes, including a guest speaker on choking prevention for the Birmingham and Solihull Nurses and Clinical Leads Network on March 20, 2025.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 1 · response
Published 27 January 2025

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Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Share dysphagia e-learning information from the NHS E-Learning for Health platform.

Verbatim wording from the response

“• Shared information on the NHS E-Learning for Health platform, including dysphagia e-learning developed by speech and language therapy experts.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 1 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Offer free Learning from Events training to nursing homes.

Verbatim wording from the response

“• Offered free training on Learning from Events to all Nursing Homes.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 1 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Monitor compliance with dysphagia guidelines.

Verbatim wording from the response

“• Ensuring best practice and compliance: The ICB is monitoring compliance with dysphagia guidelines, conducting a review of choking incidents with Safeguarding and Learning from lives and deaths of people with a learning disability and autistic people (LeDeR) teams, and sharing findings with Speech and Language Services to discuss further support.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 2 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Explore the current support provided by commissioned community speech and language services.

Verbatim wording from the response

“• Promoting support and collaboration: The ICB is working with the Support to Care Homes Team in Solihull and exploring the current provision of support from commissioned Speech and Language community services.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 2 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Provide free training on modified diets, choking risk and recommended IDDSI standards.

Verbatim wording from the response

“• Provided free training on modified diets and choking risk, including the use of recommended International Dysphagia Standardisation Initiative (IDDSI).”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 1 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Current evidence and clinical guidance do not support routine use of anti-choking devices in nursing homes; established choking techniques remain recommended.

Verbatim wording from the response

“1.1 NICE Guidelines: At present, there are no specific guidelines from the National Institute for Health and Care Excellence (NICE) that mandate the use of anti-choking devices in nursing homes. NICE guidelines focus on evidence-based practices, and currently, there is insufficient evidence to support the routine use of these devices in such settings.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 3 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Care homes are responsible for deciding whether to purchase and use anti-choking devices; the ICB does not directly purchase them.

Verbatim wording from the response

“The ICB does not directly purchase anti-choking devices for care homes. However, we are committed to ensuring that care homes have the information and support they need to make informed decisions about whether to purchase and use these devices, in alignment with Resuscitation Council UK (RCUK) guidelines. The ICB adheres to the RCUK guideline which emphasises that any use of anti-choking devices should be adjunctive to, and not a replacement for, the established techniques recommended by the RCUK for managing choking, which include encouraging coughing, back blows, and abdominal thrusts.”

Source location

Response from Birmingham and Solihull Integrated Care Board
Page 1 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Regulation of anti-choking medical devices rests with MHRA.

Verbatim wording from the response

“• anti-choking devices are medical devices for which the Medicines & Healthcare products Regulatory Agency (MHRA) are the UK regulator”

Source location

Response from HSE
Page 2 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Regulation of care providers using anti-choking devices rests with CQC.

Verbatim wording from the response

“• 1st Care Limited are a service provider registered with the Care Quality Commission (CQC), and therefore regulation of this and similar care providers falls under their enforcement responsibility”

Source location

Response from HSE
Page 2 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

HSE considers anti-choking-device concerns outside its regulatory and policy-lead remit.

Verbatim wording from the response

“Following consideration of these factors, I respectfully advise that HSE is not the appropriate regulator or policy lead to address this concern relating to anti-choking devices because:”

Source location

Response from HSE
Page 2 · response
Published 27 January 2025

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Health and social care policy and delivery in England rests with DHSC.

Verbatim wording from the response

“• the Department of Health and Social Care (DHSC) are the government department that leads on health and social care policy and delivery in England.”

Source location

Response from HSE
Page 2 · response
Published 27 January 2025

Open published response
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Information checked against the published report and official responses · Data reviewed 7 Sep 2026 · About data quality and limitations

Official responses located
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Data last updated 7 September 2026