Evelyn Ann Burcham · Prevention of Future Deaths report

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Issued 31 Oct 2023•Somerset

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.

View original report
Concerns
4

Raised in this report

Recipients
3

Named on the report

Responses found
3

Of 3 recipients

Stated actions
11

Described in responses

Full report text

This is the full text from the original published report.

Open published report

Concerns and recipient responses

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

Report evidence summary

Concerns raised4

  1. Unavailability of riser-recliner chairs with controls that limit unauthorised use
    Part of recurring concern: Inadequate safety controls for riser-recliner chairs
  2. Failure to assess and mitigate the risk of cognitively impaired residents accessing riser-recliner chair controls
    Part of recurring concern: Inadequate safety controls for riser-recliner chairs
  3. Health and safety risk from disabling riser-recliner chair controls at the mains
    Part of recurring concern: Inadequate safety controls for riser-recliner chairs

Stated actions An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.11

  1. Aria Care Group

    Use compatible Shackleton’s controls to reduce unauthorised access while universal covers are developed.

  2. Aria Care Group

    Inform newly admitted residents that privately purchased riser/recliner chairs must have lockable handsets.

  3. Aria Care Group

    Explore and develop a potentially universal lockable cover to restrict access to riser/recliner handset controls.

  4. Aria Care Group

    Introduce an asset register covering Aria Care- and privately supplied riser/recliner chairs.

  5. Aria Care Group

    Process all future riser/recliner chair orders through Shackleton’s and fit supplied chairs with lockable handsets.

  6. Aria Care Group

    Use generic and resident-specific risk assessments requiring safe chair positioning and electrical isolation where residents cannot independently control chairs.

  7. Aria Care Group

    Reduce riser/recliner chair use through a phased approach and purchase assessed-need furniture solely from Shackleton’s with lockable handsets.

  8. Aria Care Group

    Complete an organisation-wide survey of riser/recliner chair provision and use.

  9. Aria Care Group

    Work with residents and families to replace privately owned riser/recliner chairs lacking lockable handsets.

  10. Health and Safety Executive

    Write to the Care Quality Commission about patient-safety aspects of the incident.

  11. Health and Safety Executive

    Notify the Office for Product Safety and Standards about the incident for consumer-product safety consideration.

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

  1. Aria Care Group

    A universal lockable handset cover cannot provide an immediate short-term solution because development and trial may take two to three months.

    Unable to actThe respondent said that a constraint prevented them from taking the relevant action.
  2. Aria Care Group

    A universal lockable handset cannot be supplied because riser/recliner chairs use different manufacturers, and some chairs are incompatible with available handsets.

    Unable to actThe respondent said that a constraint prevented them from taking the relevant action.
  3. Department of Health and Social Care

    CQC cannot take further enforcement action because there is insufficient evidence linking the incident directly to a registered person.

    Unable to actThe respondent said that a constraint prevented them from taking the relevant action.
  4. Health and Safety Executive

    Consumer-product safety enforcement for chairs purchasable for domestic use normally falls to local-authority Trading Standards, not HSE.

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

    CQC is responsible for regulating safety, treatment and care matters involving service users in registered care homes.

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

    Service-user safety enforcement in registered care homes is outside HSE’s remit.

    Outside 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

Unavailability of riser-recliner chairs with controls that limit unauthorised use

Wider context from the report

“I am concerned that these chairs are common place in care home settings where residents suffer from cognitive impairment. The risks of another resident with dementia accessing the controls of the riser-recliner chair(s) was not foreseen by the Home and so was not factored into any operative risk assessment at the time; hence no measures were in place to minimise the risk. There remains a real and immediate risk that those with a cognitive impairment that manifests itself in a compulsion to fiddle and/or press buttons, can create a risk of death to other residents in the same care facility or setting. If this particular care home group did not foresee the risk then it is likely that others have not foreseen it either. I was told at the Home had made enquiries with manufacturers of these standard riser-recliner chairs about the ability to ‘lock’ the remote control and/or find a safe was of storing it so that it is not accessible to anyone who does not have the authority, training or appropriate cognitive function to be able to use it safely. It would appear that a chair with a ‘safe’ remote cannot be purchased by the Home and there do not appear to be any regulatory or manufacturing standards (over and above manufacturing standards for consumers) that require these types of chairs to have this, or some alternative, safety feature that limits the use of the controls. I was told that the only way to render the remote ‘safe’ was to turn the power off at the mains, which in itself could create health and safety issues if the chair needed to be operated quickly. ”

Is this part of a recurring concern?

Yes — Inadequate safety controls for riser-recliner chairs.

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 and mitigate the risk of cognitively impaired residents accessing riser-recliner chair controls

Wider context from the report

“I am concerned that these chairs are common place in care home settings where residents suffer from cognitive impairment. The risks of another resident with dementia accessing the controls of the riser-recliner chair(s) was not foreseen by the Home and so was not factored into any operative risk assessment at the time; hence no measures were in place to minimise the risk. There remains a real and immediate risk that those with a cognitive impairment that manifests itself in a compulsion to fiddle and/or press buttons, can create a risk of death to other residents in the same care facility or setting. If this particular care home group did not foresee the risk then it is likely that others have not foreseen it either. I was told at the Home had made enquiries with manufacturers of these standard riser-recliner chairs about the ability to ‘lock’ the remote control and/or find a safe was of storing it so that it is not accessible to anyone who does not have the authority, training or appropriate cognitive function to be able to use it safely. It would appear that a chair with a ‘safe’ remote cannot be purchased by the Home and there do not appear to be any regulatory or manufacturing standards (over and above manufacturing standards for consumers) that require these types of chairs to have this, or some alternative, safety feature that limits the use of the controls. I was told that the only way to render the remote ‘safe’ was to turn the power off at the mains, which in itself could create health and safety issues if the chair needed to be operated quickly. ”

Is this part of a recurring concern?

Yes — Inadequate safety controls for riser-recliner chairs.

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

Health and safety risk from disabling riser-recliner chair controls at the mains

Wider context from the report

“I am concerned that these chairs are common place in care home settings where residents suffer from cognitive impairment. The risks of another resident with dementia accessing the controls of the riser-recliner chair(s) was not foreseen by the Home and so was not factored into any operative risk assessment at the time; hence no measures were in place to minimise the risk. There remains a real and immediate risk that those with a cognitive impairment that manifests itself in a compulsion to fiddle and/or press buttons, can create a risk of death to other residents in the same care facility or setting. If this particular care home group did not foresee the risk then it is likely that others have not foreseen it either. I was told at the Home had made enquiries with manufacturers of these standard riser-recliner chairs about the ability to ‘lock’ the remote control and/or find a safe was of storing it so that it is not accessible to anyone who does not have the authority, training or appropriate cognitive function to be able to use it safely. It would appear that a chair with a ‘safe’ remote cannot be purchased by the Home and there do not appear to be any regulatory or manufacturing standards (over and above manufacturing standards for consumers) that require these types of chairs to have this, or some alternative, safety feature that limits the use of the controls. I was told that the only way to render the remote ‘safe’ was to turn the power off at the mains, which in itself could create health and safety issues if the chair needed to be operated quickly. ”

Is this part of a recurring concern?

Yes — Inadequate safety controls for riser-recliner chairs.

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

Risk of death to other residents from cognitively impaired residents operating riser-recliner chair controls

Wider context from the report

“I am concerned that these chairs are common place in care home settings where residents suffer from cognitive impairment. The risks of another resident with dementia accessing the controls of the riser-recliner chair(s) was not foreseen by the Home and so was not factored into any operative risk assessment at the time; hence no measures were in place to minimise the risk. There remains a real and immediate risk that those with a cognitive impairment that manifests itself in a compulsion to fiddle and/or press buttons, can create a risk of death to other residents in the same care facility or setting. If this particular care home group did not foresee the risk then it is likely that others have not foreseen it either. I was told at the Home had made enquiries with manufacturers of these standard riser-recliner chairs about the ability to ‘lock’ the remote control and/or find a safe was of storing it so that it is not accessible to anyone who does not have the authority, training or appropriate cognitive function to be able to use it safely. It would appear that a chair with a ‘safe’ remote cannot be purchased by the Home and there do not appear to be any regulatory or manufacturing standards (over and above manufacturing standards for consumers) that require these types of chairs to have this, or some alternative, safety feature that limits the use of the controls. I was told that the only way to render the remote ‘safe’ was to turn the power off at the mains, which in itself could create health and safety issues if the chair needed to be operated quickly. ”

Is this part of a recurring concern?

Yes — Inadequate safety controls for riser-recliner chairs.

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

Use compatible Shackleton’s controls to reduce unauthorised access while universal covers are developed.

Verbatim wording from the response

“Whilst waiting on the development by NHM, we will look to use the controls provided by Shackleton’s to reduce unauthorised access to riser/recliner chair controls, where they are compatible. For chairs where we cannot control access via the introduction of the covers, we have introduced generic and individualised risk assessments which include the requirement to:”

Source location

Response from Aria Care
Page 2 · response
Published 6 November 2023

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

Inform newly admitted residents that privately purchased riser/recliner chairs must have lockable handsets.

Verbatim wording from the response

“From the 01st December 2023, residents being newly admitted to the home will be made aware of the Aria Care’s requirement for all privately purchased riser/recliner chairs to come fitted with lockable handsets.”

Source location

Response from Aria Care
Page 1 · response
Published 6 November 2023

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 and develop a potentially universal lockable cover to restrict access to riser/recliner handset controls.

Verbatim wording from the response

“In the meantime, our property services department are working with NH Maintenance (NHM), to explore other options, including the development of a cover that could potentially be used universally, to restrict access to the handset controls, this device would be lockable.”

Source location

Response from Aria Care
Page 1 · response
Published 6 November 2023

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 an asset register covering Aria Care- and privately supplied riser/recliner chairs.

Verbatim wording from the response

“3) Introduction of an asset register for riser/recliner chair use/deployment, be that supplied by Aria Care or specifically purchased by the resident or their family.”

Source location

Response from Aria Care
Page 2 · response
Published 6 November 2023

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

Process all future riser/recliner chair orders through Shackleton’s and fit supplied chairs with lockable handsets.

Verbatim wording from the response

“Following receipt of the request, Aria Care reached out to Shackleton’s, our furniture supply partner seeking advice and guidance on riser/recliner chairs and the potential for purchase and supply of handsets that could be locked in a secure position and avoid unauthorised access and repositioning.”

Source location

Response from Aria Care
Page 1 · response
Published 6 November 2023

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

Use generic and resident-specific risk assessments requiring safe chair positioning and electrical isolation where residents cannot independently control chairs.

Verbatim wording from the response

“Whilst waiting on the development by NHM, we will look to use the controls provided by Shackleton’s to reduce unauthorised access to riser/recliner chair controls, where they are compatible. For chairs where we cannot control access via the introduction of the covers, we have introduced generic and individualised risk assessments which include the requirement to:”

Source location

Response from Aria Care
Page 2 · response
Published 6 November 2023

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

Reduce riser/recliner chair use through a phased approach and purchase assessed-need furniture solely from Shackleton’s with lockable handsets.

Verbatim wording from the response

“5) Agreement that via a phased approach Aria Care will reduce the use of riser/recliner chairs across the organisation and where an assessed need exists, riser/recliner furniture will be purchased solely from Shackleton’s, as our furniture partner, with lockable handsets.”

Source location

Response from Aria Care
Page 2 · response
Published 6 November 2023

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

Complete an organisation-wide survey of riser/recliner chair provision and use.

Verbatim wording from the response

“4) Completion of an organisational wide survey to understand the extent and supply of riser/recliner within Aria Care.”

Source location

Response from Aria Care
Page 2 · response
Published 6 November 2023

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

Work with residents and families to replace privately owned riser/recliner chairs lacking lockable handsets.

Verbatim wording from the response

“Where residents are currently living in our care homes and have purchased privately their riser/recliner chair, and this device is not fitted with a lockable handset, we will work with that resident and/or their family to seek a solution and ensure the riser/recliner is replaced by a chair that has a lockable handset. We anticipate this may take the first quarter of 2024 to fully resolve, where the equipment supplied is privately owned and already in use.”

Source location

Response from Aria Care
Page 1 · response
Published 6 November 2023

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

Write to the Care Quality Commission about patient-safety aspects of the incident.

Verbatim wording from the response

“After receiving your report, HSE contacted the other regulatory bodies who may have an interest or potential regulatory role in respect of this incident. We have written to CQC (who are already in receipt of your report) on the patient safety aspects. HSE has also notified the Office for Product Safety and Standards (OPSS) who are the national regulator for consumer products and who work with the local authority Trading Standards services that undertake most enforcement activity.”

Source location

Response from Health and Safety Executives
Page 2 · response
Published 6 November 2023

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

Notify the Office for Product Safety and Standards about the incident for consumer-product safety consideration.

Verbatim wording from the response

“After receiving your report, HSE contacted the other regulatory bodies who may have an interest or potential regulatory role in respect of this incident. We have written to CQC (who are already in receipt of your report) on the patient safety aspects. HSE has also notified the Office for Product Safety and Standards (OPSS) who are the national regulator for consumer products and who work with the local authority Trading Standards services that undertake most enforcement activity.”

Source location

Response from Health and Safety Executives
Page 2 · response
Published 6 November 2023

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 universal lockable handset cover cannot provide an immediate short-term solution because development and trial may take two to three months.

Verbatim wording from the response

“In the meantime, our property services department are working with NH Maintenance (NHM), to explore other options, including the development of a cover that could potentially be used universally, to restrict access to the handset controls, this device would be lockable.”

Source location

Response from Aria Care
Page 1 · response
Published 6 November 2023

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 universal lockable handset cannot be supplied because riser/recliner chairs use different manufacturers, and some chairs are incompatible with available handsets.

Verbatim wording from the response

“Following receipt of the request, Aria Care reached out to Shackleton’s, our furniture supply partner seeking advice and guidance on riser/recliner chairs and the potential for purchase and supply of handsets that could be locked in a secure position and avoid unauthorised access and repositioning.”

Source location

Response from Aria Care
Page 1 · response
Published 6 November 2023

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

CQC cannot take further enforcement action because there is insufficient evidence linking the incident directly to a registered person.

Verbatim wording from the response

“investigator from CQC’s national enforcement team; investigations are now complete, and it has been adjudged that CQC has no basis to take further action as there is insufficient evidence linking this directly to a registered person. The family were made aware of the outcome of CQC’s decision and CQC will continue to monitor the provider.”

Source location

Response from Department of Health and Social Care
Page 2 · response
Published 6 November 2023

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

Consumer-product safety enforcement for chairs purchasable for domestic use normally falls to local-authority Trading Standards, not HSE.

Verbatim wording from the response

“With regard to product safety matters, the chair involved in this tragic incident would appear to meet the definition of a ‘machine’, and therefore the relevant supply legislation would be the Supply of Machinery (Safety) Regulations 2008, which implemented the EU Machinery Directive 2006/42/EC in GB.”

Source location

Response from Health and Safety Executives
Page 2 · response
Published 6 November 2023

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

CQC is responsible for regulating safety, treatment and care matters involving service users in registered care homes.

Verbatim wording from the response

“In England, the Care Quality Commission (CQC) is the lead inspection and enforcement body for safety and quality of treatment and care matters involving patients and service users in receipt of a health or adult social care service from a provider registered with CQC. The Memorandum of Understanding between CQC and HSE explains the respective roles and responsibilities of each organisation with regard to health and safety incidents in the health and adult social care sectors.”

Source location

Response from Health and Safety Executives
Page 1 · response
Published 6 November 2023

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

Service-user safety enforcement in registered care homes is outside HSE’s remit.

Verbatim wording from the response

“In England, the Care Quality Commission (CQC) is the lead inspection and enforcement body for safety and quality of treatment and care matters involving patients and service users in receipt of a health or adult social care service from a provider registered with CQC. The Memorandum of Understanding between CQC and HSE explains the respective roles and responsibilities of each organisation with regard to health and safety incidents in the health and adult social care sectors.”

Source location

Response from Health and Safety Executives
Page 1 · response
Published 6 November 2023

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