Prevention of Future Deaths reports · 2014

Ernest Harper

Regulation 28 report to prevent future deaths, reference 2014-0223, written 9 May 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report9 May 2014
Reference2014-0223
DeceasedErnest Harper
CoronerIan Pears
Coroner areaBedfordshire & Luton
CategoryOther related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS (1) 

NOTE: This form is to be used after an inquest. 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

            Mr Philip Simpkins 
            Chief Executive 

Bedford Borough Council 
Borough Hall 
Cauldwell Street 
Bedford 
MK42 9AP 

1 

CORONER 

I am Ian Pears, Assistant Coroner, for the Coroner Area of Bedfordshire & 
Luton 

2 

CORONER’S LEGAL POWERS 

I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 
2009  and  regulations  28  and  29  of  the  Coroners  (Investigations)  Regulations 
2013. 

3 

INVESTIGATION and INQUEST 

On  11th  March  2014  the  Senior  Coroner  commenced  an  Investigation  into  the 
death of Ernest Charles Harper, aged 91.  The Investigation concluded at the 
end of the Inquest on 7th May 2014.  The Conclusion of the Inquest was that Mr 
Harper died as a result of [medical cause of death]: 

Ia Acute Pulmonary Oedema 
 b Lower Respiratory Tract Infection 
 c Right Subdural and Subarachnoid Haemorrhage following a Fall 

which injuries were caused as a result of him falling from a tailgate lift of a small 
minibus, operated and forming part of Bedford Borough Council’s Accessible 
Transport Fleet.  

4 

CIRCUMSTANCES OF THE DEATH 

1

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 On the 20th February 2014 Mr Harper had been collected from his home address 
via the Council’s accessible transport - a minibus –  to visit the Goldington Day 
Care Centre.  His mobility was such that he used a zimmer frame and/or a trike.  
Mr  Harper  was  aged  91  at  the  time.  On  his  return,  with  the  aid  of  a  Passenger 
Transport Assistant, he manoeuvred onto the tailgate lift using his trike, but  fell 
to  his  side  and  off  the  tailgate,  between  a  safety  support  and  the  back  of  the 
vehicle.  

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.  –  

(1)   That it was possible to fall between the safety barrier and the back of the 
        vehicle 
(2)   That details of a passenger’s health and/or mobility (for the purpose of risk 
       assessing the passenger’s safety when accessing and egressing the vehicle) is 
       dependant upon information supplied voluntarily by the passenger and/or his 
       family rather than by a formal assessment 

6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you, 
as Chief Executive of Bedford Borough Council, 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 4th July 2014. 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. 

8 

COPIES and PUBLICATION 

I have sent a copy of my Report to:  
The Chief Coroner.  
I have also sent it to 
or of interest. 

 (son of the deceased) who may find it useful 

2

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 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 he believes 
may  find  it  useful  or  of  interest.  You  may  make  representations  to  me,  the 
coroner, at the time of your response, about the release or the publication of your 
response by the Chief Coroner. 

9 

Dated 9th May 2014                                               

Ian Pears
Assistant Coroner
Bedfordshire & Luton

3

Responses

1 response 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.

Response from Bedford Borough Council (PDF)
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BEDFORD BOROUGH COUNCIL —

Borough Charter greoited in 1166

STESTOR IN PEOPLE

Chief Executive: P.J. Simpkins

Your Ref:
Mr | Pears — Assistant Coroner Our Ref: CEX/T7 [042 je]
Bedfordshire & Luton HM Coroners Contact: Mr P Simpkins
Office Direct Dial:
The Court House Fax:
Ampthill
Bedfordshire MK45 2HX 23 June 2014

Dear Mr Pears

Re: Inquest touching the death of Mr Ernest Charles HAPRER
Inquest held on the 7 May 2014 at Coroners Court, Ampthill

In response to the matters of concern raised in the Regulation 28 Report to Prevent
Future Deaths dated 12 May 2014, | write to confirm actions taken by Bedford
Borough Council.

The matters of concern were described as follows:

1. That it was possible to fall between the safety barrier and the back of the

vehicle.
2. That the detail of a passenger's health and/or mobility (for the purpose of risk

assessing the passenger's safety when accessing and egressing the vehicle)
is dependent upon information supplied voluntarily by the passenger and/or
his family rather than by a formal assessment.

Bedford Borough Council has taken the matters of concern very seriously and | am
abie io respond to each point io describe the actions aiready taken and those in the
process of being undertaken.

Concern raised:

1. That it was possible to fall between the safety barrier and the back of the
vehicle.

Action Taken/Proposed:

Devices have been retro- fitted to the doors on all Ford Transit vehicles, the type of
vehicle the accident occurred on. This blocks the gaps between the back of the
vehicle and the handrail.

We are now talking to manufacturers and the Driver and Vehicle Standard Agency to
see if there are any additional measures that can be introduced to further improve
safety. In addition to this, through the Association of Transport Co-ordinating
Officers, we are making other Local Authorities aware of our experiences.

Concern raised:

1. That details of passengers health and/or mobility (for the purpose of risk
assessing and egressing the vehicle) is dependent upon information
supplied voluntarily by the passenger and/or his family rather than by
former assessment.

Action Taken/ Proposed:

A redesign of risk assessments is currently being carried out by the Transport
Operations Group regarding getting on/off vehicles; these revised risk assessments
will be cross referenced to safe systems of work. Generic risk assessments eg
transport of elderly passengers, are being produced on the Council’s health and
safety web based software system, AssessNET, with a plan in place to introduce
client specific risk assessments. These new controls will be implemented by 14 July
2014. In the future as any new vehicles are introduced, risk assessments and safe
systems of work will also be reviewed to take into account any differences in vehicle
design and specification.

A newly redesigned Client Transport Referral Form has also been devised by the
Transport Operations Group, in conjunction with Adult Services. The form which has
been re-designed through consultation with our Occupational Therapists will focus
on the person’s functional ability and will be used for initial transport requests, as
well as requests for reinstatement of the transport service when there has been a
break in service due to medical reasons. This new form will capture information
taken from the person/family member and will help to determine whether the
reinstatement of the previous transport arrangements are appropriate. The new
proposed process also includes a requirement for a client specific risk assessment to
be conducted by the Social Care Transport Team for every client who is not
ambulant. The redesigned referral form will be introduced by 14 July 2014,

A system has been produced and this will be implemented by 14 July 2014, to
ensure that any information provided verbally by Day Centre staff to vehicle staff on
arrival regarding the client is also provided in a written format. The written form
includes guidance notes for staff with regard to what type of information must be
relayed. If any concerns are noted during the day at a Day Centre, the day centre
staff will verbally relay this information to the transport staff on arrival, backed up with
the written form; copies of which will also be provided to the Social Workers and
Social Care Transport Team.

Bedford Borough Council has deleted historical information from its Routewise forms
provided to staff working on the vehicle to make current information regarding
passengers clearer to staff. This ensures that the driver and passenger assistant
have the most current information on passengers.

Bedford Borough Council have taken the actions outlined in this response and have
also identified a range of proposed actions to prevent any further deaths through
injury from falling from a vehicle.

In conclusion, | would like to place on record the Council's sincere apologies for this
unfortunate incident.

Yours sincerely

Philip Simpkins
Chief Executive

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