Prevention of Future Deaths reports · 2013
Regulation 28 report to prevent future deaths, reference 2013-0236, written 23 Sep 2013. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 23 Sep 2013 |
|---|---|
| Reference | 2013-0236 |
| Deceased | Michael Sweeney |
| Coroner | Mary Hassell |
| Coroner area | Inner North London |
| Category | Police related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 2 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
Regulation 28: Prevention of Future Deaths report
Michael James SWEENEY (died 18.04.11)
THIS REPORT IS BEING SENT TO:
1. Metropolitan Police Service
2. London Ambulance Service
1
CORONER
I am: Coroner ME Hassell
Senior Coroner
Inner North London
St Pancras Coroner’s Court
Camley Street
London N1C 4PP
2
CORONER’S LEGAL POWERS
I make this report under the Coroners and Justice Act 2009,
paragraph 7, Schedule 5, and
The Coroners (Investigations) Regulations 2013,
regulations 28 and 29.
3
INVESTIGATION and INQUEST
On 20 April 2011, an investigation was commenced by my predecessor
into the death of Michael James Sweeney. The investigation concluded at
the end of the inquest on 18 September 2013.
The jury concluded that the cause of Mr Sweeney’s death was an
accident. They said as follows. The failure in the time delay getting
Michael Sweeney medical assistance/care had the impact that
resulted in over exertion during Michael’s struggling and being
restrained.
They gave his medical cause of death as:
1a acute toxic effects of cocaine
2 restraint and struggling in association with
acute behavioural disturbance.
4
CIRCUMSTANCES OF THE DEATH
Michael Sweeney died after taking cocaine on a recreational basis. He
was a sporadic user of the drug. At post mortem examination, ten times
1
the usual recreational level was found in his blood.
Following the cocaine ingestion, Mr Sweeney entered a public house with
a knife. He was extremely agitated. The Metropolitan Police Service was
called and officers attended shortly thereafter.
Police officers almost immediately identified Michael as being unwell,
suspecting that he was suffering from what had been described in their
training as excited delirium. They correctly categorised his condition as a
medical emergency and asked police control to arrange for an ambulance
to be sent. Police control contacted ambulance control.
London Ambulance Service categorised the call as C1 Amber, rather than
Red One or Red Two. At the time, there were no paramedics located in
the ambulance control room (who could have recognised the seriousness
of the condition and upgraded the call), but that has since changed.
The combination of the categorisation of the call and the demand upon
the service meant that an ambulance was not sent within the target time.
Twenty minutes after police first asked for an ambulance, they took the
decision to transport Mr Sweeney to the Royal London Hospital in a
police van.
Once at hospital, police officers, medical and nursing staff were very
challenged by the situation. Mr Sweeney remained violently agitated, and
demonstrated extraordinary strength in trying to hurt himself and resisting
efforts to help him.
He was restrained prone until sedation was effective and was then turned
over. Unfortunately, he arrested within a minute and then died less than
two hours later.
5
CORONER’S CONCERNS
During the course of the inquest the evidence revealed matters giving rise
to concern. In my opinion there is a risk that future deaths will occur
unless action is taken. In the circumstances it is my statutory duty to
report to you.
The MATTERS OF CONCERN are as follows.
Police officers had clearly been trained in the condition described to them
as excited delirium. The training was effective in facilitating their
understanding of Mr Sweeney’s condition as a medical emergency.
However, this term is not widely used in this country, and neither
ambulance, nursing nor even some of the medical staff had heard of it in
April 2011.
It would be possible to give ambulance and hospital personnel an
2
understanding of the term excited delirium. However, given that this
describes a medical condition, it seems more logical for the police to
follow health services in this, rather than the other way round.
Moreover, although it did not happen in Mr Sweeney’s case, there could
be situations where a person exhibits extreme agitation that is not related
to an acute drug psychosis. There is the potential for an organic cause to
be missed because of reliance on that term as an apparent diagnosis.
Extreme agitation can be caused by conditions such as a bleed on the
brain, sepsis from infection (e.g. meningitis), or a diabetic coma.
From the evidence I heard, the safest and most effective way to deal with
a person exhibiting such an acute behavioural disturbance seems to be
simply to use the term “extreme agitation”. This describes the
constellation of symptoms without purporting to diagnose the cause.
1. Such an approach would require the Metropolitan Police Service
simply to amend the training it currently delivers, to describe the
condition as “extreme agitation” rather than “excited delirium”.
2. The
take home message
is a medical
that
emergency should still be part and parcel of the training, in just the
way it is now.
the condition
3. This training would also need to be delivered in some form to
police control staff, so that they recognise the importance of the
term when an officer uses it, and pass this on to the ambulance
service.
4. Finally, it would require London Ambulance Service to amend its
protocols and training to recognise extreme agitation as a medical
emergency and prioritise appropriately.
6
ACTION SHOULD BE TAKEN
In my opinion action should be taken to prevent future deaths and I
believe your organisations have the power to take such action.
7
YOUR RESPONSE
You are under a duty to respond to this report within 56 days of the date
of this report, namely by 15 November 2013. I, the coroner, may extend
the period.
Your response must contain details of action taken or proposed to be
taken, setting out the timetable for action. Otherwise you must explain
why no action is proposed.
3
8
COPIES and PUBLICATION
I have sent a copy of my report to the following.
The Chief Coroner of England and Wales
The Chief Medical Officer of England
The College of Emergency Medicine
The Nursing and Midwifery Council
forensic pathologist
brother of Michael Sweeney
partner of Michael Sweeney
A&E consultant, Royal London Hospital
I am also under a duty to send the Chief Coroner a copy of your
response.
The Chief Coroner may publish either or both in a complete or redacted
or summary form. He may send a copy of this report to any person who
interest. You may make
he believes may
representations to me, the Senior Coroner, at the time of your response,
about the release or the publication of your response by the Chief
Coroner.
it useful or of
find
9
DATE SIGNED BY SENIOR CORONER
23.09.13
4
2 responses published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
Executive Office
Headquarters
220 Waterloo Road
London
SE1 8SD
Tel:
Fax:
Dr ME Hassell
Senior Coroner Inner London
St Pancras Coroner‟s Court
Camley Street
London N1C 4PP
Our ref:
Your ref
Dear Dr Hassell
14 November 2013
Michael James Sweeney – Prevention of Future Deaths report
Thank you for your letter dated 23 September 2013 enclosing a Prevention of Future Deaths
report made under the Coroners and Justice Act 2009, paragraph 7, Schedule 5, and the
Coroners (Investigations) Regulations 2013, Regulations 28 and 29. The report brings to my
attention the issues and recommendation for consideration by the London Ambulance
Service NHS Trust (LAS) from the inquest touching the death of Michael James Sweeney
under the Preventing Future Death Powers of Her Majesty‟s Coroners:
From the evidence I have heard, the safest and most effective way to deal with a person
exhibiting such an acute behavioural disturbance seems to be simply to use the term
“extreme agitation”. This would require London Ambulance Service to amend its
protocols and training to recognise extreme agitation as a medical emergency and to
prioritise appropriately.
We have carefully considered this recommendation and, in doing so, we have discussed
with colleagues in the Police Services in London and we have reviewed guidance from other
bodies and sought to engage others in the process. The term „excited delirium‟ is in common
use between the police and the London Ambulance Service, and is commonly used by
specialist clinicians involved in the management of these patients.
The London Ambulance Service NHS Trust (the LAS) remains of the view that „acute
behavioural disturbance‟ is the term that most accurately reflects the presentations of this
group of patients as well as being recognised by the appropriate bodies and we do not
consider that the recommendation can be agreed unless / until the change in terminology
accords with national guidance for UK ambulance services.
The LAS has worked consistently over the last 10 years to raise the profile of patients with
markedly deranged behaviour, and the associated risk profile that exists for these patients.
We recognise that this clinical condition is often associated with catastrophic outcome which
requires a careful multi-disciplinary strategy to ensure optimum care.
We welcome the approach that you have taken in recognising that there are a number of
terms used to describe such patients, and the confusion that may subsequently occur as a
result of this. The terms used include but are not limited to: excited delirium, extreme
agitation and acute behavioural disturbance.
The LAS alongside our colleagues in the Police Services in London currently use the term
acute behavioural disturbance (ABD) to describe the clinical manifestation of disturbed
behavior, which is often associated with recreational drug use and / or some aspects of
mental health. The term is described by the Faculty of Forensic and Legal Medicine of the
Royal College of Physicians (England) in their helpful guidelines paper dealing with the
recognition and treatment of this clinical presentation1. It is from these guidelines, produced
by this leading clinical authority on the subject, that the LAS have taken the view that the
term “acute behavioural disturbance” (ABD) is appropriate to describe this group of patients
and have used this term in the education of our staff.
The term “excited delirium” has also been used historically within the LAS and as such our
recent communications with staff have included reference to both ABD and excited delirium.
The LAS takes the view that the term ABD is now in common use between the police and
the LAS and by specialist clinicians involved in the management of these patients. The LAS
is also using the term of acute behavioural disturbance within the patient group direction that
is currently going through the clinical governance processes of the LAS to allow certain
paramedics to use midazolam in assisting in the pre-hospital treatment of acute behavioural
disturbance.
We recognise that the evidence you heard was that some Emergency Department staff were
not familiar with the term ABD and as such we will share this response with the Pan-London
Emergency Department Consultants Group in order to disseminate the use of the term ABD
to the Emergency Departments in London.
On 18th October 2013 at the meeting of the Metropolitan Police Clinical Advisory Group,
there was consensus that the term ABD was already in common use by paramedics,
Emergency Medical Technicians, police officers and the forensic clinicians. The Group has
senior medical and clinical representation from the LAS, the Metropolitan Police Forensic
Medical Services, and the Education and Training Departments of both organisations. The
group‟s view was that to re-educate our staff on the use of a different term would be
challenging, and may well present a greater risk by using terminology that the pre hospital
multi-disciplinary team may not be familiar with. It was felt that the term “extremely agitated”
does not adequately describe this particular clinical presentation, is open to wide
interpretation, and would not prompt the appropriate timely response. In essence, it is the
use of the word “acute” that is felt to be key. Since April 2013 the LAS has been upgrading
the triage category (to our highest level of response) of calls from the police where there is
information which notes the patient is suffering from acute behavioural disturbance, cocaine
toxicity, or is being physically restrained.
The subject of acute behavioural disturbance has been a developing area of medicine and
since the April 2011, and the time of Mr. Sweeney‟s death, there has been a considerable
increase in the literature on this subject including the above guidance from the Faculty of
Forensic and Legal Medicine.
The terms acute behavioural disturbance/excited delirium or extreme agitation do not appear
within the Joint Royal College Ambulance Liaison Committee / Association of Ambulance
Chief Executives National Clinical Guidelines (2013). There is a single reference to the term
1 Norfolk G, Stark M, Travis M Acute behavioral disturbance: guidelines on management in police custody (2011) Faculty of
Forensic & Legal Medicine,
excited delirium, which specifically relates to police incapacitant devices (TASERS). We
have raised this issue through the national Ambulance Service Mental Health Working
Group, asking them to look both at the appropriate terminology and guidance around the
subject matter itself. The national Ambulance Service Mental Health Working Group has
confirmed that they will issue a position statement about the use of an appropriate term
following a response to their proposal from the Royal College of Psychiatrists.
I hope that you will be assured by the consideration the LAS has given to your report, and by
the actions taken to explore this with the police services, and to ask the national Ambulance
Service Mental Health Working Group to review the terminology and guidance on excited
delirium. Meanwhile we believe that by sharing this response with the Pan London
Emergency Department Consultants Group and with my Chief Executive colleagues the term
ABD can be disseminated and better communicated across the emergency departments in
London.
Yours sincerely
Ann Radmore
Chief Executive
Coroner ME Hassell, Senior Coroner, Inner North London St Pancras Coroner’s Court, Camley Street London N1C 4PP By Email to: Director of Professional Standards Room 913 Tower Block, New Scotland Yard 10 Broadway London SW1H 0BG Your ref: Our ref: 13 November 2013 Dear Ms. Hassell, I write on behalf of the Metropolitan Police Service in response to your Regulation 28: Prevention of Future Deaths report, dated 23rd September 2013, following the inquest touching the death of Michael Sweeney, heard before you at the Coroners Court sitting at St Pancras Coroner’s Court on the 2nd day of September 2013. As you will recall, you identified that the police officers’ use of the phrase ‘excited delirium’, based on training they had received prior to the incident, indicated that they had correctly recognised Mr Sweeney’s behaviour as evidence of a major medical emergency. However, you also noted that the term ‘excited delirium’ had little currency outside the police service in the UK at the time of the incident, and in particular, was not at that time recognised by the professionals in the other two agencies, the LAS and the NHS, who were also involved in the incident. You recommended that all three agencies agree on a common terminology to describe the ‘constellation of symptoms’ exhibited by Mr Sweeney. You noted that this constellation could in other incidents be attributed to a wide range of underlying causes, ranging from illegal substance abuse, to legal drug side effects, to various physical and mental health conditions, and it was therefore necessary to agree upon a term which did not imply any single presumptive diagnosis. You also made the compelling suggestion that since what was being described was a medical emergency, logic would dictate that a term meaningful to medical personnel should be the one adopted. Accordingly, your suggestion was that all three agencies should adopt the phrase ‘extreme agitation’. You suggested that following this logic would: 1. require police to modify internal training to incorporate the new term, ensuring however that: 2. the awareness that the ‘constellation of symptoms’ comprised a medical emergency must be retained in any such training; 3. that police control room staff must receive training on the condition, and on protocols for accurately communicating this information to the ambulance service; and finally, 4. that the London Ambulance Service should amend its own protocols to recognise the condition. Point 4 above is of course a matter for the London Ambulance Service. I understand they will be replying to you separately on this. 'I would anticipate however that they will in that response make reference to the adoption of a new Memorandum of Understanding between our respective services, on providing ‘…guidance on joint working including use of CAD Link and Joint Response Units’, which we are now in the final stages of completing. Accordingly, I will now address the overarching proposal that ‘extreme agitation’ be the adopted common terminology; the three outstanding points above for the Metropolitan Police which follow from the proposal; and, where appropriate, the underpinning provided to our response by the new Memorandum of Understanding. I have been assisted in this by subject area experts in Custody, Policy, and Healthcare matters within the MPS; and will also make reference where appropriate to elements of joint working with our partner agencies. Use of a Common Terminology Views were first of all sought, within the MPS, and with our partner agencies, regarding the most appropriate common terminology to adopt. The response was co-ordinated by , Senior Advisor, First Aid, Policy and Assurance, through her membership of the interagency Clinical Panel on which she sits with colleagues from the London Ambulance Service and representatives of London NHS Trusts. Her stance is supported by Medical Director, Metropolitan Police (with overall responsibility for the Forensic Medical Examiner role and himself a practising senior doctor of Emergency Medicine and former council member of the College of Emergency Medicine); and Inspector lead on Officer Safety Training related issues, who provides the Metropolitan Police link to the Association of Chief Police Officers’ national policy debates on such matters. The principle of adoption of a common terminology is universally accepted – indeed, the Medical Director supports broadening the stakeholder base further to include additionally the College of Emergency Medicine, the Department of Health, and the Independent Advisory Panel on Custody Deaths, chaired by The Medical Director is currently working to progress this. However, the use of the particular phrase ‘extreme agitation’ in place of ‘extreme delirium’ was universally rejected, by both the local partner agencies approached by through the Clinical Panel, and by the setters of national police policy through the Association of Chief Police Officers, as reported by Inspector The reasons for this were as follows: Firstly, the suggested replacement phrase, ‘extreme agitation’, as several subject area experts pointed out, risked introducing into the policing realm precisely the same order of uncertainty the earlier phrase, ‘excited delirium’ represented in medical contexts. This is because police are frequently called to deal with individuals who are extremely agitated, or described variously as such in the mundane understanding of the term, who nevertheless are not exhibiting the particular ‘constellation of behaviours’ which presages a medical emergency. Using this category of general descriptive terminology to also represent a highly specific circumstance, it was felt, therefore runs the obvious risk of the unique medical emergency becoming lost in an undergrowth of ordinarily ‘extremely agitated’ persons. 28/03/2016 Page 2 of 5 Secondly, both national and Metropolitan Police training on the correct terminology to use have in fact already moved on since the date of this incident. Though the ‘constellation of behaviours’ has at various points in the developing knowledge about it’s causes and effects been known (inter alia) as ‘cocaine psychosis’, and ‘excited delirium’, since 2010 the generally recognised phrase within UK police contexts has been ‘Acute Behavioural Disorder’ (‘ABD’). This phrase was chosen to provide exactly the “ ‘precision without ‘diagnosis’ “ you indicated would be a necessary element of any common terminology adopted. Inspector provides the practitioner’s context: “The Metropolitan Police Service Safer Restraint Review of 2005 recognised a growing concern that Excited Delirium (as the condition was known then) was too restrictive in scope and didn't necessarily address conditions with wider substance abuse and mental health triggers. Advice was sought from healthcare professionals from the US and UK - most notably Professor and pathologist who is a member of Independent Advisory Panel. The generic term Acute Behaviour Disorder was selected as the most appropriate term and ABD was subsequently fast-tracked into the National Personal Safety Manual. The Faculty of Forensic and Legal Medicine also adopted the terminology of ABD, and have produced guidance on the management of this condition. The medical implications of the manual's techniques and guidance (including ABD) were reviewed by Professor in 2010. Furthermore, additional improvements were most recently made to the ABD advice by Professor in 2012, following Rule 43 advice in another case. The proposed new term in the current case [extreme agitation] was discussed at the National Safe Detention And Restraint (SDAR) Practitioners' meeting in Durham on the 1st October 2013. SDAR is the policing lead for Officer Safety Training nationally and represents the police services of England and Wales, in addition to partner agencies including the Home Office, College of Policing, the Independent Police Complaints Commission, the Health & Safety Executive, the National Offender Management Service and IMSAP, an independent medical advisory panel. As expected, the suggestion to rename Acute Behavioural Disorder (ABD) was unanimously rejected by the committee owing to the significant consultation, research and training investment during the past ten years, for police at national and local level, and for the aforementioned partner agencies, which has led to ABD being firmly embedded in national police training - both Officer Safety Training and Emergency Life Support. For these reasons, SDAR is confident that national police training remains at the forefront of ABD issues. Whilst the committee wholeheartedly agrees with the necessity of a joined-up approach throughout the emergency services, it respectfully requests that partners recognise the comprehensive antecedents of ABD, and consider the adoption of this established term rather than introduce a new one.” At present, therefore, the ‘constellation of behaviours’ now and for some years past described by the MPS as Acute Behavioural Disorder remains an active part of every officer’s regular Officer Safety and Emergency Life Support Training. The logic of this position, and use of the phrase ‘Acute Behavioural Disorder’ has also been adopted by the London Ambulance Service in the still ongoing joint agency work represented in the MPS/LAS ‘Memorandum 28/03/2016 Page 3 of 5 of Understanding’, the final draft of which we anticipate signing off imminently. In a practice note issued to all LAS staff by their Deputy Medical Director Fenella Wrigley on 30th August 2013, she stated: “All [LAS] staff must ensure they review all MPS CAD link calls, for the following terms: Acute Behavioural Disturbance or the initials ABD Excited Delirium Cocaine Toxicity And ANY call where the patient is described as BEING PHYSICALLY RESTRAINED.” Following identification of any such call, her note directs, LAS staff must refer the call to an on-call clinician who in turn must upgrade the response category of the call to their most urgent category ‘RESP 1’, and establish contact with responding medical staff to offer additional clinical support. In a separate development, a cadre of paramedics with the means to sedate violent patients - a tactic which has shown some success in reducing the risk of fatality in American incidents of ABD - is currently being considered as a preferred choice of medical deployment, where available, to situations where ABD is suspected. Meanwhile, in a response to coroner in another recent unrelated case, on the 6th of September 2013, senior London Ambulance Service managers LAS Medical Director, and LAS Director of Service Delivery underlined their commitment to the terminology preferred by police, and to working practices in support of an improved response where it is noted, by quoting from a further practice note they had sent to all staff. In a passage of the note dealing with responses to four high risk categories of patient, they inform their staff that: "…Acute Behavioural Disturbance / Excited Delirium...are conditions where a patient's behaviour is significantly altered and often displaying one or more of the following: Acutely bizarre or aggressive behaviour; impaired thinking; disorientation; paranoia or hallucinations. These patients may have a history of illicit drug use (such as cocaine) and/or psychiatric illness. Acute behavioural disturbance / excited delirium carries a significant mortality risk and during restraint these patients require careful monitoring to ensure their safety." The note concludes by asking staff to reacquaint themselves with the joint MPS/LAS-produced training DVD Death in Police Custody & LAS Medical Advice, which contains content on Acute Behavioural Disorder. These moves to enhance staff awareness of the condition and the terminology of ABD to describe it, undertaken by our partners in the LAS, have been mirrored in steps undertaken within our own call-handling centre, the Central Communications Command (CCC). On the 20th September 2013, Chief Inspector Horwood issued the following practice direction to all Central Communications Command Staff: With immediate effect any call, where the LAS have been, or are being requested where the patient is: A) Believed to be suffering from Acute Behavioural Disorder (commonly referred to as ABD) or described as having Excited Delirium 28/03/2016 Page 4 of 5 B) Suffering from Cocaine Toxicity C) Currently being PHYSICALLY RESTRAINED Then this must be placed in the free text of the [message] and sent to the LAS. The LAS will then classify this as a RESP 1 (8 minute intended response). Operators are reminded that where there is a significant change to a current demand, then a new CAD message with a new [message to LAS] must be completed.” This message was reinforced with a copy of the parallel LAS practice note to their own establishment, and further, specific training for CCC civilian staff (who do not receive the ABD message through officer safety and emergency life support training that police officers working at CCC routinely receive).Conclusion Your recommendation regarding a common terminology has been accepted by all partners. It is respectfully submitted however that the adoption by the London Ambulance Service of the term ‘Acute Behavioural Disorder’ as the term of choice effectively negates the additional training changes recommended in points 1 and 2 of your report, as active training on ABD and responses to it remain an ongoing element in all regular refresher training sessions for police officers, and this, we are given to understand, is now being paralleled within the LAS via their own training and practice direction regimes. The potential information gap for MPS civil staff working at Central Communications Command who do not receive this training routinely has been addressed by the issuing of direct practice notes, and supported by a programme of in-house training on awareness of the issues and correct procedures to adopt. Meanwhile, the development of a detailed and documented joint agency call-handling protocol with our partners at London Ambulance Service, contained within the new Memorandum of Understanding, gives both ‘First Responder’ agencies a common wellspring of guidance to draw upon, a robust channel of communication where ABD is suspected, and clarity regarding the expectations each agency can have of the other’s response in these circumstances. It is now important that staff in emergency departments are also made aware of this condition and its management. The Medical Director, in his capacity as a senior emergency medicine practitioner, will therefore seek to encourage the adoption of the terminology in this domain, and to increase the supporting awareness by our partners in the NHS. I hope therefore that you will agree with me that the above package of measures demonstrates that the Metropolitan Police Service is responding effectively to the concerns highlighted by the inquest into Mr Sweeney’s death. Yours sincerely Allan Gibson Commander Director of Professional Standards 28/03/2016 Page 5 of 5
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