NHS in England Closed After Initial Enquiries Search on PHSO website

Midlands Partnership University NHS Foundation Trust

P-003478 · Statement · Decision date: 8 April 2025 · View Midlands Partnership University NHS Foundation Trust scorecard
End of life care End of life care End of life care End of life care End of life care Palliative care data gaps Poor health and social care integration No person-centred care
Complaint (AI summary)
Ms A complained the Trust inappropriately placed her mother on end-of-life care, withdrew treatment and food, used a syringe driver unnecessarily, and communicated poorly, leading to her mother's death.
Outcome (AI summary)
The ombudsman found no service failure. Mrs N's GP identified she was approaching end-of-life, and the Trust's actions were appropriate.

Full decision details

The Complaint

3. Ms A complains about the care provided to her mother, Mrs N, by the Trust in November and December 2022. She specifically complains the Trust:

• placed her mother on end-of-life care on 28 November 2022, when this was not appropriate because she was not approaching the end of her life • stopped active treatment and management of health needs and withdrew food and fluids, which was not appropriate • placed Mrs N on highly sedating medications via a syringe driver, which was not required because she could swallow safely • failed to get input from the Parkinsons team, which had previously been managing Mrs N’s care • communicated poorly with Mrs N and her family, meaning her family did not understand the care being provided or why she was placed on end-of-life care • documented the family were happy with the care being provided, when this was not correct and the care had not been appropriately discussed with them.

4. Ms A say that because of the poor communication and inappropriate care, her mother died on 19 December 2022. She says this was devastating for her family and caused them a lot of distress.

5. She would like the Trust to acknowledge what went wrong, apologise and implement service improvements to prevent this happening again.

Background

6. Mrs N was an 86-year-old lady with a history of Parkinson’s disease and severe frailty. Parkinson’s disease is a condition where parts of the brain become progressively damaged over time causing a tremor, slow movements and stiff muscles. Frailty is a term used to describe a person’s ability to recover from injuries and illnesses. Most people begin experiencing some degree of increasing frailty when they pass the age of 80.

7. Mrs N lived with her daughter, Ms A, who acted as her carer. She also had support from the District Nurses, paid carers, her GP, and the Trust’s Parkinson’s service.

8. On 8 November 2022, a GP visited Mrs N at home and documented she was agitated and confused. The GP also documented they explained to the family the situation was ‘critical’ because Mrs N had not responded to treatment for a urinary tract infection. They also documented her family wanted to avoid a hospital admission and agreed with a Do Not Attempt Resuscitation order being put in place.

9. Following this consultation, the GP sent a referral to the Trust’s District Nursing service for palliative care. This referral requested community support for pain/symptom control, carer support and an assessment for hospice admission. The GP also prescribed anticipatory palliative medications that included morphine (a strong pain killer) and midazolam (a drug that helps with agitation). Anticipatory medications are drugs prescribed in advance, in anticipation of the need for end-of-life symptom relief.

10. The District Nursing team was responsible for administering some of Mrs N’s medications and assessing her social care needs, making any referrals required to meet her needs. This included an assessment for Continuing Healthcare Funding for ongoing care, which happened on 15 November.

11. On 19 November the Trust wrote to Mrs N to explain she had been referred onto a palliative pathway and that a temporary package of care had been arranged. The letter also explained the Trust was seeking fast-track funding for ongoing care.

12. On 28 November the District Nurses requested a syringe driver to administer medication to Mrs N, following advice from a local hospice. A syringe driver is a small, battery-operated device that consistently delivers medications over a period of time (usually over 24 hours). The devices may be used at any time in a patient’s care pathway to control symptoms and are commonly used in end-of-life care when oral medications are no longer suitable.

13. On 29 November, Mrs N’s GP documented explaining to Ms A that the syringe driver was requested because the previous approach (oral route and as required injection) was not effective at managing her mother’s pain.

14. Ms A raised concerns about the use of the syringe driver on 11 December, and a plan was formulated to change her medications to the oral route. Sadly, Mrs N died on 19 December.

Findings

End-of-life care 18. In line with the NMC Code, nurses must respect the skills, expertise and contributions of their colleagues. They must also work with their colleagues to preserve the safety of these receiving care. In this instance, the nurses had to respect the professional judgement of the referring clinician, which was Mrs N’s GP. They also had to respect the expertise of the hospice staff, who specialised in end-of-life care.

19. The NMC’s Standards of Proficiency for Registered Nurses, states that nurses must also accurately assess all information to identify a person’s needs, developing person-centred, evidence-based plans. This means the District Nurses had to monitor and assess Mrs N’s care needs and make changes to her care as and when her needs changed.

20. Ms A is very concerned that the GP’s referral to the Trust’s District Nursing team was for palliative care, not end-of-life care. There is a subtle difference between the two. Palliative care is provided to improve the quality of life of those with a life-limiting illness and can be provided at any time. End-of-life care is usually the final stage of palliative care and aims to maximise comfort and dignity when a person has less than 12 months to live.

21. The decision to place Mrs N on end-of-life care was not made by the Trust’s District Nursing team. This decision was made by Mrs N’s GP on 8 November 2022. The date of the referral is not present on the original referral document, which only contains the date of a medication review. We cross-referenced this referral with the notes made by Mrs N’s GP, which show the referral happened on 8 November. These notes also clearly reference end-of-life care. The GP also prescribed anticipatory medications, which usually only happens when a person has been identified as approaching the end of their life. We cannot comment on the actions of the GP as this falls outside the scope of this complaint.

22. Our nurse adviser reviewed the information in both Mrs N’s GP records and the records kept by the District Nursing service. They explained that the Trust appears to have acted appropriately on the referral and that Mrs N appears to have been deteriorating quickly from 8 November.

23. We also asked our nurse adviser whether there was any indication Mrs N was not approaching the end of her life, and whether the Trust should have identified this. They explained the General Medical Council defines end-of-life care as patients who have:

• an advanced, progressive, incurable condition • general frailty and co-existing conditions that mean the patient is expected to live less than 12 months • a risk of dying from a sudden acute crisis in their condition • life-threatening, acute condition(s) caused by sudden, catastrophic events.

24. Our nurse adviser explained that Mrs N met the criteria above because she had an incurable condition (Parkinson’s disease) and generalised frailty, evidenced by her need for assistance in all areas of daily life. She was also at risk of dying suddenly from an acute crisis in her overall clinical condition. This indicates that, sadly, Mrs N was appropriately placed on an end-of-life care pathway.

25. The Trust also did not make decisions around withdrawing food, fluid, and active treatment. The District Nurses were only responsible for administering medications via a community administration chart. They did not have the authority to withdraw active treatment. Further, the community administration chart does not include the patient’s regular medications, meaning the nurses could not have made any decisions about whether or not to administer these. Any decision to remove active treatment would be made by the prescriber, which in this case was the GP. We cannot comment on the actions of the GP as this falls outside the scope of this complaint.

26. According to the British National Formulary’s guidance on prescribing in palliative care, whilst the oral route is preferred in end-of-life care, syringe drivers should be considered for use when a patient is unable to tolerate oral medicines, the oral route is impractical, or the patient prefers this option. The role of prescribing these medications, including the route of administration, lay with the prescriber. We cannot comment on whether these medications were appropriate as the GP’s actions fall outside the scope of this complaint.

27. The District Nursing team began documenting that Mrs N was having difficulty swallowing her oral pain relief from 23 November. On 28 November, the nurses documented that Mrs A had been consistently unable to swallow her medications in the days prior. They also documented she appeared to be in pain and was agitated. A syringe driver was set up on 29 November, following advice from a local hospice service.

28. On 11 December, Ms A wrote a letter to the team querying the use of the syringe driver. The Trust arranged for a review of this, contacting the hospice for advice on changing the driver safely to oral medication. The Trust agreed a plan to reduce and replace the syringe driver with oral medication. Unfortunately, Mrs N died before this could be completed.

29. The Trust appears to have acted in line with the NMC’s guidance by continuously assessing the information obtained at each visit and identifying the need for a more effective route of administration for Mrs A’s end-of-life medicines. The nurses had identified that Mrs A appeared to be agitated and in pain, and that she had been unable to swallow her medications on 27 and 28 November. The nurses also sought advice from a local hospice, which advised using a syringe driver. This appears to align with the NMC Code, which says nurses must respect the expertise of their colleagues, in this case the expertise of the hospice staff who specialised in end-of-life care.

30. It appears appropriate that the nurses changed Mrs N’s plan of care to include the syringe driver from 29 November. The Trust then developed a plan to change this when Ms A raised concerns on 11 December. This demonstrates the Trust was listening to Mrs N’s family and acting on their concerns, but the Trust also had to ensure it preserved Mrs N’s safety by making this change based on specialist advice. This appears to align with the NMC Code.

31. The District Nursing Team liaised with Mrs N’s GP regarding the management of her Parkinson’s symptoms. Ms A was also in contact with the Parkinson’s service daily, according to her letter dated 11 December, meaning she was able to update the District Nurses.

32. This approach appears appropriate as any changes to Mrs N’s medications recommended by the Parkinson’s team needed to be actioned by her GP. When there was a change in the medications on 24 November the District Nursing team acted on this by contacting the GP and discussing the change. The District Nurses also emailed the GP that day and asked them to contact Ms A about the medication concerns she had.

33. On 26 November, Ms A raised concerns about her mother’s medications and the District Nurses advised her to speak to the Parkinson’s team. This appears appropriate as the Parkinson’s nurses had specialist knowledge in this area that the District Nursing Team did not have.

34. It appears appropriate that the District Nurses liaised with Mrs N’s GP regarding her Parkinson’s medications, rather than approaching the Parkinson’s team directly. This is because the District Nurses were only responsible for administering medications. Any liaison with the Parkinson’s team regarding the direction of Mrs N’s care would have fallen to the prescriber, which was Mrs N’s GP. We note Ms A was also in regular contact with this team and fed back to both Mrs N’s GP and the District Nurses.

35. In summary, the evidence indicates that, sadly, Mrs N was approaching the end of her life when her GP decided to place her on the end-of-life care pathway. This is because she had a life-limiting condition, severe frailty, and was deteriorating very quickly. This met the criteria set out by the General Medical Council. The nurses also appear to have provided care in line with the NMC’s Code and Standards of Proficiency. We have seen no indications of service failure in the care provided by the Trust.

36. We understand that aspects of care were also being provided by a local hospice-at-home service and Mrs N’s GP. The care provided by these organisations falls outside the scope of this complaint, and we cannot comment on this.

Communication 37. In line with the NMC Code, the District Nurses should have provided information and explanations to Mrs A and her family about her care and treatment. Similarly, the NMC’s Standards of Proficiency say that effective communication is central to the provision of safe and compassionate nursing care.

38. As the decision to place Mrs N on end-of-life care was made by her GP, any communication about how and why this decision was made should have been from the GP in the first instance. We cannot comment on whether or not this happened as this falls outside the scope of this complaint.

39. The District Nurses’ role was to administer medications and visit Mrs N weekly to review her care needs. This meant their role was to communicate effectively about the medications, symptom control, and any further care needs such as continence care.

40. On 19 November, the Trust’s Palliative Care Co-ordination Centre wrote to Mrs N to explain she had been placed onto a palliative care pathway.

41. The nurses documented communication with Ms A about the medications prescribed and, appropriately, signposted Ms A to the prescriber when she had concerns about these. The Trust also emailed Mrs N’s GP on 24 November to ask them to contact Ms A to discuss her medication concerns further. Throughout the notes, the District Nurses consistently described the care provided as being either palliative or end-of-life care. These terms are commonly used interchangeably to describe care in the final 12 months of life.

42. On 28 November, the District Nurses documented that they communicated advice on using the syringe driver and the medications prescribed, which appears to be in line with the NMC Code.

43. On 7 December the Podiatry Service documented a telephone call with Ms A. In the notes of this call, the podiatry service stated: ‘daughter informed myself and [name of staff member] Podiatry Assistant that patient is now on end-of-life care’. This indicates that Ms A was aware her mother was receiving end-of-life care at that time.

44. On 8 December a District Nurse documented ‘had a good chat with [Ms A] this morning, she doesn’t feel [Mrs N] is quite approaching [end-of-life] yet, so discussed the driver and have mentioned we very much play things by ear and take things day to day, and it has been known that some patients have actually come off drivers as they have stabilised or improved’. This indicates Ms A was aware end-of-life care was being provided, but that she had questions about whether her mother was approaching the end of her life.

45. On 10 December, a nurse documented that Ms A queried whether the syringe driver had been implemented too soon and that the care should have focused on treating the UTI and Parkinsons.

46. Ms A wrote a letter to the District Nursing team on 11 December outlining her concerns about the use of the syringe driver. The nursing team appropriately advised her to discuss any concerns about medications with the prescriber. They also undertook a review of the use of the syringe driver, taking advice from a local hospice in order to do this safely.

47. On 15 December the District Nursing team offered a multidisciplinary team meeting, which is where all the different care providers would come together to discuss Mrs N’s care. This was an opportunity to ask questions about why Mrs N was on end-of-life care. The nurse documented they explained what this meeting was, and that Ms A declined this meeting. The team also confirmed with Ms A that there were no outstanding actions from her letter of11 December.

48. The evidence indicates the District Nursing team communicated effectively with Ms A when administering medications and signposted her to the prescriber for more information about her concerns. The District Nurses also documented that they offered Ms A a multidisciplinary meeting to discuss her mother’s care on 15 December, but she declined this offer.

49. Ms A says she does not believe her mother was approaching the end of her life and points out there is a difference between palliative and end-of-life care. End-of-life care forms the final stage of palliative care, and the terms are commonly used interchangeably. There is sufficient evidence within the notes to indicate Ms A had been made aware that her mother had been placed on end-of-life care. We note that Ms A did start to query whether her mother was approaching the end of her life, but this does not necessarily mean the Trust’s communication had fallen short.

50. The evidence indicates Ms A was aware, though may not have agreed, that her mother was receiving end-of-life care. The correct service to explain the reasons for this was Mrs N’s GP, who had originally identified her as approaching the end of her life.

51. With regards to the Trusting inaccurately documenting Ms A was happy with the care provided, it is difficult to reach a robust view on this as we have little contemporaneous evidence aside from the notes recorded at the time. Ms A’s account is that she was unhappy with the District Nursing care, but that they incorrectly documented she was satisfied.

52. There is one piece of contemporaneous evidence that indicates Ms A was happy with the care provided, at the time her mother received the care. In her letter to the District Nursing team dated 11 December, Ms A stated she had ‘no issues with the . . . very supportive District Nurses who [had] come daily and supported [Ms A and her brother]’. This indicates that, at least as of 11 December, Ms A was happy with the care being provided by the District Nursing service and had communicated this clearly to the team. We cannot know precisely what was discussed at each individual visit, however, or whether this was accurately documented by the nurses without independent, contemporaneous evidence.

53. On the balance of the limited evidence we have, the Trust appears to have been accurately documenting that Ms A was satisfied with the care provided to her mother up until 11 December. We have no contemporaneous evidence as to whether Ms A was happy between 12 and 18 December.

Our Decision

1. We have carefully considered Ms A’s complaint about Midlands Partnership NHS Foundation Trust (the Trust). The evidence indicates: • Mrs N’s GP identified she was approaching the end of her life, and she met the criteria for end-of-life care outlined by the General Medical Council • the Trust did not make any decision to withdraw food, fluid and active treatment • the Trust decided to implement a syringe driver based on Mrs N’s clinical needs, but it did not prescribe the medications administered • the District Nursing team liaised with Mrs N’s GP regarding her Parkinson’s disease, which was appropriate • the Trust was not responsible for explaining why Mrs N had been placed on end-of-life care because it did not make this decision and Ms A appears to have been aware her mother may be approaching the end of her life • Ms A documented she was happy with the care provided from the District Nursing team on 11 December, indicating the accounts of her being happy with care up until this point were accurate.

2. We recognise this experience was incredibly difficult for Ms A, especially as she was so close to her mother. Witnessing a loved one’s end-of-life care is very distressing, and having unanswered questions about this experience can compound this distress. We hope our work reassures Ms A that there are no indications of service failure in the actions of the Trust.

Other Decisions About Midlands Partnership University NHS Foundation Trust

P-004794 · 9 Feb 2026
Mrs O complains about the community mental health care provided for her daughter by the Trust after she was discharged …
Partly Upheld
P-004358 · 27 Nov 2025
Miss K complains the Trust attributed her sons attachment difficulties to her mental health, and refused to assess him for …
Closed After Initial Enquiries
P-004359 · 27 Nov 2025
Miss K complains the Trust refused to acknowledge her son had severe developmental delays and autistic traits, and refused to …
Closed After Initial Enquiries
P-004168 · 8 Oct 2025
Miss R complains about the care and treatment her father received for pressure sores from a hospital, district nurses and …
Partly Upheld
P-003582 · 29 Jun 2025
Miss D complains about the care and treatment the Trust provided to her daughter between January 2023 and December 2023, …
Closed After Initial Enquiries
View all decisions for this organisation →