PFD report

Lewis Victor Mendelson · Prevention of Future Deaths report

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Issued 17 Dec 2019•Manchester South

Report record

Published report and response evidence

This page connects the concerns raised in this report with statements found in recipients’ published responses. A link shows a clear evidence connection; it does not assign responsibility.

View original report
Concerns
10

Raised in this report

Recipients
2

Named on the report

Responses found
2

Of 2 recipients

Stated actions
10

Described in responses

Source document

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 raised10

  1. Failure to provide an IMCA during hospital treatment
    Part of recurring concern: Unreliable IMCA arrangements for people lacking capacity
  2. Failure to hold a formal best interests meeting during hospital treatment
    Part of recurring concern: Unreliable best-interests decision-making processes
  3. Failure of treating physicians to understand the complexity of learning disability and communication issues
    Part of recurring concern: Failure to recognise learning disabilities and associated support needs in healthcare
Responses linked to these concerns

Each statement is shown once, even when linked to more than one concern.

Actions described in response An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.5

  1. Action

    Evaluate staffing resources to inform a sustainable model for managing annual reviews from April 2021.

    Stated by Stockport Borough CouncilStated plannedThe respondent said that this action was planned when they made their response on 31 December 2019.
  2. Action

    Approve funding for a dedicated Learning Disabilities Service annual-review team.

    Stated by Stockport Borough CouncilStated completedThe respondent said that this action was complete when they made their response on 31 December 2019.
  3. Action

    Create a dedicated annual-review team of six social workers and a team manager to address the review backlog.

    Stated by Stockport Borough CouncilStated plannedThe respondent said that this action was planned when they made their response on 31 December 2019.

Respondent positions A position is what a recipient says about a concern when it does not describe a specific action.5

  1. Position

    Medical treatment decisions fall outside the Council’s responsibility, so it cannot comment on the individual’s hospital treatment.

    Stated by Stockport Borough CouncilOutside remitThe respondent said that this matter was outside its role or authority.

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 provide an IMCA during hospital treatment

Wider context from the report

“2. He was treated in hospital with no IMCA in place or formal best interests meeting taking place. As a result it was unclear if the treating physicians understood the complexity of his learning disability and communication issues that flowed from his disability. The inquest heard that repeated attempts were made to insert a nasogastric tube causing him great distress and where there was limited evidence that it would be beneficial; ”

Is this part of a recurring concern?

Yes — Unreliable IMCA arrangements for people lacking capacity.

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 hold a formal best interests meeting during hospital treatment

Wider context from the report

“2. He was treated in hospital with no IMCA in place or formal best interests meeting taking place. As a result it was unclear if the treating physicians understood the complexity of his learning disability and communication issues that flowed from his disability. The inquest heard that repeated attempts were made to insert a nasogastric tube causing him great distress and where there was limited evidence that it would be beneficial; ”

Is this part of a recurring concern?

Yes — Unreliable best-interests decision-making processes.

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 of treating physicians to understand the complexity of learning disability and communication issues

Wider context from the report

“2. He was treated in hospital with no IMCA in place or formal best interests meeting taking place. As a result it was unclear if the treating physicians understood the complexity of his learning disability and communication issues that flowed from his disability. The inquest heard that repeated attempts were made to insert a nasogastric tube causing him great distress and where there was limited evidence that it would be beneficial; ”

Is this part of a recurring concern?

Yes — Failure to recognise learning disabilities and associated support needs in healthcare.

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 put required DoLS authorisations in place

Wider context from the report

“1. The inquest was told that he met the criteria for a DoLS but due to backlogs within the Local Authority one was not in place at the time of his death. He also met the criteria for an annual review of his care - this had not taken place for over 2 years due to staff shortages. There was no designated Social worker overseeing his care due to staffing shortages; ”

Is this part of a recurring concern?

No recurring-concern membership is currently published.

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

Repeated distressing nasogastric tube insertion attempts with limited evidence of benefit

Wider context from the report

“2. He was treated in hospital with no IMCA in place or formal best interests meeting taking place. As a result it was unclear if the treating physicians understood the complexity of his learning disability and communication issues that flowed from his disability. The inquest heard that repeated attempts were made to insert a nasogastric tube causing him great distress and where there was limited evidence that it would be beneficial; ”

Is this part of a recurring concern?

Yes — Unsafe management of Ryles and nasogastric tubes.

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 discuss End of Life Care with an IMCA

Wider context from the report

“3. He was placed on End of Life Care with no best interests meeting taking place or discussion with an IMCA or assessment of what should happen if he rallied – as he did. ”

Is this part of a recurring concern?

Yes — Unreliable IMCA arrangements for people lacking capacity; Unreliable end-of-life care decision-making and consultation.

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 assess the appropriate care if the patient rallied during End of Life Care

Wider context from the report

“3. He was placed on End of Life Care with no best interests meeting taking place or discussion with an IMCA or assessment of what should happen if he rallied – as he did. ”

Is this part of a recurring concern?

Yes — Unreliable end-of-life care decision-making and consultation.

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

Delays in required annual care reviews

Wider context from the report

“1. The inquest was told that he met the criteria for a DoLS but due to backlogs within the Local Authority one was not in place at the time of his death. He also met the criteria for an annual review of his care - this had not taken place for over 2 years due to staff shortages. There was no designated Social worker overseeing his care due to staffing shortages; ”

Is this part of a recurring concern?

No recurring-concern membership is currently published.

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 hold a best interests meeting for End of Life Care

Wider context from the report

“3. He was placed on End of Life Care with no best interests meeting taking place or discussion with an IMCA or assessment of what should happen if he rallied – as he did. ”

Is this part of a recurring concern?

Yes — Unreliable best-interests decision-making processes; Unreliable end-of-life care decision-making and consultation.

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

Absence of a designated social worker overseeing care

Wider context from the report

“1. The inquest was told that he met the criteria for a DoLS but due to backlogs within the Local Authority one was not in place at the time of his death. He also met the criteria for an annual review of his care - this had not taken place for over 2 years due to staff shortages. There was no designated Social worker overseeing his care due to staffing shortages; ”

Is this part of a recurring concern?

Yes — Unreliable access to required social-worker support.

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

Evaluate staffing resources to inform a sustainable model for managing annual reviews from April 2021.

Verbatim wording from the response

“However, at present Stockport Council is in the process of addressing these matters. A business case has been presented and agreed, in order to fund and create a dedicated review team comprising initially of six social workers plus a team manager - including an option to increase staff numbers as required - with a view to addressing the entire backlog of reviews throughout the financial year 2020/21. Furthermore, additional work will be undertaken with the intention of evaluating Stockport Council’s staffing resource and implementing a sustainable model for managing reviews from April 2021 onwards.”

Source location

2019-0434-Response-from-Stockport-Council_Redacted
Page 2 · response
Published 31 December 2019

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

Approve funding for a dedicated Learning Disabilities Service annual-review team.

Verbatim wording from the response

“However, at present Stockport Council is in the process of addressing these matters. A business case has been presented and agreed, in order to fund and create a dedicated review team comprising initially of six social workers plus a team manager - including an option to increase staff numbers as required - with a view to addressing the entire backlog of reviews throughout the financial year 2020/21. Furthermore, additional work will be undertaken with the intention of evaluating Stockport Council’s staffing resource and implementing a sustainable model for managing reviews from April 2021 onwards.”

Source location

2019-0434-Response-from-Stockport-Council_Redacted
Page 2 · response
Published 31 December 2019

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

Create a dedicated annual-review team of six social workers and a team manager to address the review backlog.

Verbatim wording from the response

“However, at present Stockport Council is in the process of addressing these matters. A business case has been presented and agreed, in order to fund and create a dedicated review team comprising initially of six social workers plus a team manager - including an option to increase staff numbers as required - with a view to addressing the entire backlog of reviews throughout the financial year 2020/21. Furthermore, additional work will be undertaken with the intention of evaluating Stockport Council’s staffing resource and implementing a sustainable model for managing reviews from April 2021 onwards.”

Source location

2019-0434-Response-from-Stockport-Council_Redacted
Page 2 · response
Published 31 December 2019

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

Introduce mandatory learning disability and autism training for health and care staff.

Verbatim wording from the response

“On 5 November 2019, we published our response to the consultation on mandatory learning disability and autism training for health and care staff⁸. We are now working with Health Education England and Skills for Care to develop and test, during 2020/2021, a standardised training package, backed by £1.4million investment. Work is already underway to develop the training and testing will take place in a variety of health and social care settings to help shape how it will be rolled out and delivered in future. Our plans to introduce mandatory training will go a long way to ensuring more people receive the safe, compassionate and informed care they have a right to expect.”

Source location

2019-0434-Response-from-the-Department-of-Health-and-Pensions-1
Page 4 · response
Published 31 December 2019

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 and test a standardised learning disability and autism training package for health and care staff.

Verbatim wording from the response

“One of the commonly reported learning points in local LeDeR reviews is the need for learning disability awareness training for staff in health and social care settings.”

Source location

2019-0434-Response-from-the-Department-of-Health-and-Pensions-1
Page 4 · response
Published 31 December 2019

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

Medical treatment decisions fall outside the Council’s responsibility, so it cannot comment on the individual’s hospital treatment.

Verbatim wording from the response

“This response solely addresses the concerns under paragraph 1, “The MATTER OF CONCERN”. Stockport Metropolitan Borough Council are unable to comment in respect of paragraph 2 which refers to the individual’s hospital treatment as, in accordance with the Mental Capacity Act 2005, the decision maker for best interest decisions in relation to medical treatment had been the NHS Trust. The arrangement of an IMCA and formal best interests meeting had been the responsibility of the Trust as this had concerned medical decisions. In this instance the NHS Trust would have been under a duty to consult with Stockport Council as stated in the Mental Capacity Act “...anyone engaged in caring for the person or interested in his welfare...”. Ultimately, if the matter had gone to the Court of Protection, the NHS Trust would have been the applicant.”

Source location

2019-0434-Response-from-Stockport-Council_Redacted
Page 1 · response
Published 31 December 2019

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

The NHS Trust was responsible for arranging an IMCA and formal best-interests meeting concerning medical treatment.

Verbatim wording from the response

“This response solely addresses the concerns under paragraph 1, “The MATTER OF CONCERN”. Stockport Metropolitan Borough Council are unable to comment in respect of paragraph 2 which refers to the individual’s hospital treatment as, in accordance with the Mental Capacity Act 2005, the decision maker for best interest decisions in relation to medical treatment had been the NHS Trust. The arrangement of an IMCA and formal best interests meeting had been the responsibility of the Trust as this had concerned medical decisions. In this instance the NHS Trust would have been under a duty to consult with Stockport Council as stated in the Mental Capacity Act “...anyone engaged in caring for the person or interested in his welfare...”. Ultimately, if the matter had gone to the Court of Protection, the NHS Trust would have been the applicant.”

Source location

2019-0434-Response-from-Stockport-Council_Redacted
Page 1 · response
Published 31 December 2019

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

The local NHS is expected to reflect on the LeDeR findings and address identified local failings in care.

Verbatim wording from the response

“The Programme systematically reviews the deaths of all people with a learning disability, aged four years and above, that are notified to it. The Programme enables a detailed picture to be built of key improvements that are needed both locally and at a national level, to reduce the inequality in life expectancy between people with a learning disability, and those without.”

Source location

2019-0434-Response-from-the-Department-of-Health-and-Pensions-1
Page 4 · response
Published 31 December 2019

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

Local authorities are accountable for meeting statutory Care Act duties, including conducting regular care-plan reviews.

Verbatim wording from the response

“I am deeply concerned to read in your report that Mr Mendelson was not assigned a social worker and an annual review of his care was not conducted by the Stockport Metropolitan Borough Council. This is the second Prevention of Future Deaths report received by the Department where Manchester South coroners have raised concerns that annual care reviews have not been conducted by Stockport Council as required by law. This is clearly unacceptable and I expect Stockport Council to look into this matter thoroughly.”

Source location

2019-0434-Response-from-the-Department-of-Health-and-Pensions-1
Page 1 · response
Published 31 December 2019

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

A formal best-interests meeting is not legally required; decision-makers must consult appropriate people where practicable and appropriate.

Verbatim wording from the response

“I share your concern that no best interests’ meetings were held to consider Mr Mendelson’s care in hospital. While a formal best interests meeting is not a duty, under section 4 of the Mental Capacity Act (2005)⁶ (MCA) the decision maker must take into account, if it is practicable and appropriate to consult them, the views of anyone named by the person as someone to be consulted, anyone engaged in caring for the person or interested in their welfare, any person with lasting power of attorney or a deputy appointed by a court.”

Source location

2019-0434-Response-from-the-Department-of-Health-and-Pensions-1
Page 3 · response
Published 31 December 2019

Open published response

Other statements in published responses

These actions and other statements could not be clearly connected to one concern in this report.

Recipient-stated actions An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.5

  1. 1

    Require allocated social workers to triage community cases involving possible deprivation of liberty in accordance with ADASS guidance during reviews.

    Stated by Stockport Borough CouncilStated plannedThe respondent said that this action was planned when they made their response on 31 December 2019.
  2. 2

    Lead collaborative work with partners, the public and experts by experience to develop social work and social care practice.

    Stated by Helen Whatley MPStated in progressThe respondent said that this action was in progress when they made their response on 31 December 2019.
  3. 3

    Bring the coroner’s report to the attention of the National Director for Learning Disabilities.

    Stated by Helen Whatley MPStated completedThe respondent said that this action was complete when they made their response on 31 December 2019.
  4. 4

    Maintain the Learning Disabilities Mortality Review Programme to systematically review notified deaths of people with learning disabilities.

    Stated by Helen Whatley MPStated completedThe respondent said that this action was complete when they made their response on 31 December 2019.
  5. 5

    Provide councils with access to an additional £1.5 billion for adult and children’s social care.

    Stated by Helen Whatley MPStated in progressThe respondent said that this action was in progress when they made their response on 31 December 2019.

Recipient positions A position is what a recipient says about a concern when they do not describe a specific action.1

  1. 1

    The NHS Trust, or alternatively the general practitioner, was responsible for placing the individual on the End of Life Care pathway.

    Stated by Stockport Borough CouncilRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.

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

Require allocated social workers to triage community cases involving possible deprivation of liberty in accordance with ADASS guidance during reviews.

Verbatim wording from the response

“For individuals who are supported by Stockport Council within community settings and who may be deprived of their liberty, there will be an expectation that, on review, the allocated social worker will triage the case in accordance with the national Association of Directors of Adult Social Services (ADASS) guidance.”

Source location

2019-0434-Response-from-Stockport-Council_Redacted
Page 2 · response
Published 31 December 2019

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

Lead collaborative work with partners, the public and experts by experience to develop social work and social care practice.

Verbatim wording from the response

“We are aware that social worker support is not always as available as it should be for people across our health and care system, leading to health inequalities and poor outcomes for people. Social workers have a professional duty and an accountability not just to tackle these health inequalities but to lead solutions and protect people’s rights. That is why the Chief Social Worker for Adults in the Department of Health and Social Care is leading work in Government, with our systems partners, the wider public and crucially, experts by experience, to develop social work and social care practice in this critical area.”

Source location

2019-0434-Response-from-the-Department-of-Health-and-Pensions-1
Page 2 · response
Published 31 December 2019

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

Bring the coroner’s report to the attention of the National Director for Learning Disabilities.

Verbatim wording from the response

“Finally, I have asked officials to bring your report to the attention of the National Director for Learning Disabilities, Ray James, who is leading work nationally to improve services for people with learning disabilities and/or autism.”

Source location

2019-0434-Response-from-the-Department-of-Health-and-Pensions-1
Page 4 · response
Published 31 December 2019

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

Maintain the Learning Disabilities Mortality Review Programme to systematically review notified deaths of people with learning disabilities.

Verbatim wording from the response

“Turning to the wider aspects of your report, you may wish to note that in 2015, the Government established the Learning Disabilities Mortality Review (LeDeR) Programme.”

Source location

2019-0434-Response-from-the-Department-of-Health-and-Pensions-1
Page 3 · response
Published 31 December 2019

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 councils with access to an additional £1.5 billion for adult and children’s social care.

Verbatim wording from the response

“To support local authorities, we are providing councils with access to an additional £1.5billion for adults and children’s social care next year. This includes an additional £1billion of grant funding for adults and children’s social care, and a proposed 2 per cent precept⁴ that will enable councils to access a further £500million for adult social care. This £1.5billion is on top of maintaining the £2.5billion of existing social care grants and will support local authorities to meet rising demand and continue to stabilise the social care system.”

Source location

2019-0434-Response-from-the-Department-of-Health-and-Pensions-1
Page 3 · response
Published 31 December 2019

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

The NHS Trust, or alternatively the general practitioner, was responsible for placing the individual on the End of Life Care pathway.

Verbatim wording from the response

“The same issue applies in relation to paragraph 3 as this would have been the decision of the NHS Trust, or alternatively the General Practitioner, to place the individual onto the pathway for End of Life Care.”

Source location

2019-0434-Response-from-Stockport-Council_Redacted
Page 1 · response
Published 31 December 2019

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