Prevention of Future Deaths reports · 2014

Kirk Williams

Regulation 28 report to prevent future deaths, reference 2014-0499, written 14 Nov 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report14 Nov 2014
Reference2014-0499
DeceasedKirk Williams
CoronerSam Faulks
Coroner areaTeesside
CategoryPolice related deaths
Sourcejudiciary.uk record · original PDF
Responses published3

The report

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

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REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1. 
2. 
3. 
4. 
5. 
6. 
7.  Legal representatives of the Interested Persons (see Box 8) 
8. 

IPCC 

CORONER 

I am Sam Faulks, assistant coroner, for the coroner area of Teesside 

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. 

INVESTIGATION and INQUEST 

On 13.10.14 I resumed an inquest into the death of Kirk William Williams, aged 26. The investigation 
concluded at the end of the inquest on 06.11.14. The conclusion of the inquest was the cause of death 
was  Ia  Excited  Delirium  and  II  Coronary  Artery  Atheroma  and  Left  Ventricular  Hypertrophy.  The 
narrative conclusions of the jury were elicited via a questionnaire. In summary it was found that it had 
been  inappropriate  for  police  officers  to  have  taken  Kirk  Williams  to  a  police  station  when  he  was 
detained. He should have been taken to hospital instead. The jury considered that Kirk Williams would 
have been accepted and treated in accident and emergency. However, the jury were unsure as to whether 
such treatment would have saved his life.  

CIRCUMSTANCES OF THE DEATH 

On 17.04.11 Kirk Williams was seen running around fields adjacent to the Moorhouse Estate, Stockton-
on-Tees. He had ingested a number of drugs including, alcohol, cocaine, ‘M-cat’, MEC and PVP.  He 
had  divested  himself  of  all  of  his  clothing  and  was  exhibiting  bizarre,  aberrant  and  very  agitated 
behaviour.  It  took 4  police  officers  to  restrain  Mr Williams,  apply  handcuffs,  leg restraints  and  secure 
him in a police van. A total of 6 police officers were in attendance in the field. One officer, it is accepted, 
stated that Mr Williams should be taken to hospital. The dilated pupils, agitated state, intense heat and 
aberrant behaviour caused that officer to consider that Mr Williams may be suffering from a condition 
known  as  ‘Excited  Delirium’.  The  other  5  officers  did  not  accept  that  the  local  hospital  (University 
Hospital North Tees) would accept such an unpredictable and aggressive patient. Because those officers 
were content that there would be medical staff at the local police station (Middlehaven or Middlesbrough 
police station,) they decided that Mr Williams should be taken there.  

Having been taken into Middlehaven at 12:04pm, custody officers were advised by the locum forensic 
medical examiner at 12:19pm to have Mr Williams taken to hospital. Paramedics arrived at 12:29pm and 
following  a  cardiac  arrest  at  12:49pm  Mr  Williams  was  taken  to  James  Cook  University  Hospital  at 
13:13 hours. Following extensive treatment, Mr Williams died at 14:32 hours. The pathology evidence 
was that Mr Williams died of Ia Excited Delirium and II Coronary Artery Atheroma and Left Ventricular 
Hypertrophy.  

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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. 

1

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 The MATTERS OF CONCERN are as follows.  – 

(1)   Police officers in Cleveland doubtless receive training about Excited Delirium and now understand 
in  a  way  that  they  perhaps  previously  did  not  that  the  condition  should  be  treated  as  a  ‘medical 
emergency’ which thereby requires the detainee’s attendance at a hospital. 

(2)  Some  police  officers  still  consider  that  notwithstanding  that  they  may  be  faced  with  a  medical 

emergency, A&E departments will not treat violent or aggressive patients. 

(3)  The  various  consultants  that  gave  evidence  are  clear  that  they  will  treat  violent  patients  provided 
that  (a)  treatment  is  warranted  and  (b)  they  are  provided  with  sufficient  assistance  from  either  or 
both the police or security staff.  

(4)  It  therefore  follows  that  there  is  a  mismatch  in  perception  and  expectations  between  Cleveland 

police officers and local A&E staff. 

(5)  There did not appear to be a sufficiency of understanding within Cleveland Constabulary about how 

and whether detainees may be treated at A&E departments. 

(6)  Further  or  alternatively,  the  insufficiency  in  understanding  lies  with  A&E  consultants  and  their 

perception of what type of patients will be accepted and allowed to be treated in their departments. 

(7)  There  does  not  appear  to  be  a  dialogue  between  Cleveland  Constabulary  and  local  A&E 

departments to address these particular misunderstandings or misconceptions.  

(8)  There  does  not  appear  to  be  any  memorandum  of  understanding  or  guideline  to  cover  aggressive 

detainees in police custody being taken to A&E departments. 

(9)  Without a fuller understanding of the true position, police officers will continue to be faced with the 
perennial  dichotomy  of  whether  to  take  an  aggressive  medical  emergency  detainee  to  an  A&E 
department for treatment or to a police station to prevent self harm or harm to others. 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you and your organisation 
have the power to take such action.  

YOUR RESPONSE 

You  are  under  a  duty  to  respond  to  this  report  within  56  days  of  the  date  of  this  report,  namely  by 
09.01.15. 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. 

COPIES and PUBLICATION 

I  have  sent  a  copy  of  my  report  to  the  Chief  Coroner  and  to  the  following  Interested  Persons’ 
representatives,  namely  those  acting  for  the  family,  Cleveland  Constabulary,  former 

  NEAS,  JCUH  and  Tascor  (formerly  Reliance).  I  have  also  sent  it  to  the  IPCC 

who may find it useful or of interest. 

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. 

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 9 

14.11.14                                              

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Responses

3 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.

Response from Cleveland Police (PDF)
Jacqui Cheer, QPM, BA(Hons), MBA, Dip(Cantab)
Chief Constable
07 JAN 2015

Postal Reply to: CRIME & JUSTICE COMMAND
Shared Service Centre

Ash House

TI Acres

Princeton Drive

Thornaby

Stockton on Tees

Your Ref: TS17 6A)
Our Ref: PM/PC Telephone: P|

Direct Line Fo

5" January 2015

Dear Mr Faulks

Inquest into the Death of Kirk Williams

Further to your letter dated 14th November 2014 and the issuing of the Regulation 28 Report
to prevent future deaths, | am writing to you on behalf of Cleveland Police to update you on
the progress made by the Force against the actions you identified in your report:

At point 1 in your report you note that “Police Officers in Cleveland doubtless receive
training in excited delirium” that is correct, all front line officers are required to undertake
Personal Safety Training on an annual basis, during that training they receive an input on

“excited delirium’.

At point 8 in your report you identified that there did not appear to be a Memorandum of
Understanding or guidance to cover aggressive detainees in Custody being taken to A&E

Departments.

In order that this could be addressed a meeting was held at North Tees General Hospital on
9th December 2014. Amongst those present were Medical Director and
A&E Consultant at North Tees and Hartlepool Trust , Clinical Director, A&E

Consultant i j ospital North Tees, Clinica! Director, A&E
Consultant Hospital, | represented Cleveland Police.

Mr S. Faulks
Assistant Coroner for Teesside
Teesside Coroners Service

Town Hall
Albert Road CRIMESTOPPERS

Middlesbrough TS1 2QJ 0800.555:441

We ae an equal opportunities employer

The following actions were agreed and they wil! now form the basis of guidance which will be
issued to staff by both Trusts and Cleveland Police,

If a detainee has a known past mental health history they should be taken to the 136
unit at Roseberry Park.

if there are serious concerns regarding physical health, detainees should be
presented to an A & E department where they will be assessed.

If the detainee is violent and aggressive a joint decision by senior A & E staff and the
police will be taken as where best to provide treatment ie. if the department is full
and there is a risk to other patients, assessment may even take place outside of the
department possibly in police vehicles.

If there is the suggestion that a detainee is ill or injured and the ingestion of drugs is
causing problems, treatment with restraints may be appropriate be it physical or
medical restraints. Depending on the circumstances this may include assistance

from anaesthetic colleagues.

If the medical assessment concludes that the detainee is not in need of treatment
they will be returned to police custody.

If, following any necessary treatment, the detainee is returned to police custody, a
copy of the A & E notes will be given on discharge detailing treatment given.

If there are any further concerns following return to police custody, the police doctor
should contact the A & E department for further advice.

All staff both NHS and Police to be informed of the guidelines agreed for future
reference.

The Force is in the process of briefing staff about the new guidelines, staff working in the
Custody environment (including medical staff) and all front line officers will be briefed, Due to
the holiday period this has been delayed, but it is expected that all relevant staff will have
been briefed by 12th January 2015.

It is my intention to review the effectiveness of the guidance in six months’ time and to take
any appropriate action where necessary, whether that is amendments to the guidance in
conjunction with the two Trusts, or further training to ensure staff are aware of and are
implementing the guidance.

Yours sincerely

Temporary Detective Chief Superintendent
Head of Crime and Justice Command

Template Revised 08/2007 CP(.SAPERSONAL ASSISTANT TEAM:CRIME & JUSTICE COMMAND\MCPHILLIPS\LETTERSWOL S\LETT PM -
Response from NHS England (PDF)
Lala 4
England

Medical Directorate
Skipton House
80 London Road

London
SE1 6LH
28 January 2015
Mr S Faulks
The Coroners Service
Town Hall
Albert Road.
Middlesbrough
TS1 2QJ

Dear Mr Faulks

Inquest into the death of Kirk Williams

Further to your letter dated 14 November 2014 and the issue of the Regulation 28
report to prevent future deaths, | would like'to offer my sincere condolences to the
family of Kirk Williams regarding his death.

From our review and consideration, we note that the issues concerning substance
misuse and possible mental health issues have been addressed in the responses from
the local health care Commissioners and Trusts. However, in view of the serious
nature of this case, | will be considering it further with NHS England's Northern Regional
Medical Director, | with a view to determining whether changes need to
be made to relevant current policies and guidance. This will also include liaison with
colleagues in Public Health England, with regard to commissioning and provision of
substance misuse services.

Furthermore, it is acknowledged that South Tees Hospitals NHS Foundation Trust,
North Tees and Hartlepool NHS Foundation Trust, Esk and Wear Valleys NHS Trust,
the CCGs and North East ambulance Service, County Durham and Darlington NHS
Foundation Trust have all signed up to the Crisis Care Concordat, to support people in
crisis.

The Crisis Care Concordat is a national commitment between all services and agencies
that come into contact with people in crisis. It sets out how they will work together and
be involved in the care and support of people in crisis, and how they ensure people get

High quality care for all, now and for future generations

the support they need, when they need it. This commitment addresses the improvement
in the commissioning and provision of services for those with co-existing mental health
and substance misuse issues. One of the aims of the Crisis Care Concordat is that
people in health care crisis should be taken to health care facilities, rather than police
cells.

The key ambition of the Concordat is for every local area to commit to, agree and
deliver their own Mental Health Crisis Declaration and Action Plan.

As one of the signatories to the Crisis Care Concordat, NHS England is committed to
working alongside other agencies to improve the system of care and support for people
in crisis, to work together to identify the causes of crises, and put in place prevention
and early intervention plans whenever possible.

| am grateful to you for bringing this case to my attention.
Yours sincerely

Sir Bruce Keogh

"Bruce Keogh, KBE, MD, DSc, FRCS, FRCP
National Medical Director
NHS England

High quality care for all, now and for future generations
Response from South Tees Clinical Commissioning Group (PDF)
South Tees
Clinical Commissioning Group

North Ormesby Health Village
1° Floor

11 Trinity Mews

North Ormesby
Middlesbrough

TS3 6AL

Fax:

Website: www.southteesceg.nhs.uk

7 January 2015

Mr S Faulks

Assistant Coroner for Teesside
The Coroner's Service

Town Hall

Albert Road

Middlesbrough

TS1 2QJ

Dear Mr Faulks

Inquest into the death of the late Kirk William WILLIAMS
Regulation 28 Report

Further to your tetter of 24 November 2014 and subsequent email correspondence relating to the
above, | am now in a position to respond to the issues raised in the Regulation 28 Report. As
agreed, this response constitutes a combined reply on behalf of NHS South Tees CCG, NHS
Hartlepool and Stockton on Tees CCG, NHS Durham Dales, Easington and Sedgefield CCG and

NHS North Durham CCG.

As the health economy covered by the above CCGs covers two police forces, | have provided the
response based on those boundaries:

NHS South Tees CCG and NHS Hartlepool! and Stockton on Tees CCG — Cleveland Police

A meeting was held between the Medical Directors and senior A&E medical staff of both Foundation
Trusts and Detective Chief Superintendent from Cleveland Police.

At that meeting, a wide range of actions were agreed in order to address the point you raised
relating to the apparent lack of guidance or Memorandum of Understanding for aggressive
detainees in custody being taken to A&E departments. These actions are:

improvin
henlth 9
together

ef adetainee has a known past mental health history they should be taken to the 136 unit at
Roseberry Park.

ef there are serious concerns regarding physical health, detainees should be presented to an
A & E department where they will be assessed.

° If the detainee is violent and aggressive a joint decision by senior A & E staff and the police
will be taken as where best to provide treatment ie if the department is full and there is a risk
to other patients, assessment may even take place outside of the department possibly in
police vehicles.

ef there is the suggestion that a detainee is ill or injuredand the ingestion of drugs is causing
problems, treatment with restraints may be appropriate be it physical or medical restraints.
Depending on the circumstances this may include assistance from anaesthetic colleagues.

e Ifthe medical assessment concludes that the detainee is not in need of treatment they will be
returned to police custody.

e If, following any necessary treatment, the detainee is returned to police custody, a copy of
the A & E notes will be given on discharge detailing treatment given.

e If there are any further concerns following return to poice custody, the police doctor should
contact the A & E department for further advice.

e All relevant staff, both NHS and Police, to be informed of the guidelines agreed for future

reference.

In relation to point 5.1 in the report, Cleveland Police have confirmed that all front line officers are
required to undertake Personal Safety Training on an annual basis and that during the training they

receive an input on “excited delirium”

We have been advised by Cleveland Police that they are in the process of briefing staff about the
new guidelines. Staff working in the custody environment induding medical staff and all front line
officers will be briefed by 12 January 2015. In addition, the Police will be reviewing the
effectiveness of the guidance in six months’ time and will take any appropriate action where
necessary, ie amending guidance in conjunction with South Tees Hospitals NHS Foundation Trust
and North Tees & Hartlepool NHS Foundation Trust or providing further training to ensure staff are

aware of, and are implementing, the guidance.

As a final point, the Trusts, CCGs, North East Ambulance Senice and Tees, Esk and Wear Valleys
NHS Trust have signed up to the Crisis Care Concordat to work towards continuing to improve the

care of patients in crisis.

NHS Durham Dales, Easington and Sedgefield CCG and NHS North Durham CCG - Durham

Constabulary

County Durham and Darlington NHS Foundation Trust have confirmed that the lead Security Officer
for the Trust has held discussions with Durham Constabulary lead officers to ensure that all police
officers know that patients should be taken to the Emergency Department.

The process is kept under review by the Trust and any arising issues are discussed on a monthly
basis in relevant meetings depending on the nature of the concerns raised, ie. frequent attenders;
mental health, drugs or alcohol related issues or violence and aggression incidents. The Trust has
confirmed that some of these meetings do include representatives from Durham Constabulary.

In addition the Trust has confirmed that they have signed up to the Crisis Care Concordat with all
agencies involved in treating or looking after patients in crises, this includes Durham Constabulary.
As part of the work to progress the Concordat the Foundation Trust and all partner organisations
meet on a monthly basis to share learning; discuss difficult cases and also discuss and monitor any
patients who have been detained under a section 136 in the emergency department

| trust this answers the questions you raised in the report, but if you require any additional
information please do not hesitate to contact me.

Yours sincerely

Chief Officer

cc SN Chief Officer, NHS Durham Dales, Easington and Sedgefield CCG and
_ we Durham CCG
Medical Director, North Tees & Hartlepoo! NHS Foundation Trust
Medical Director, Durham and Darlington NHS Foundation Trust

Cleveland Police

Chief Officer, Hartlepool & Stockton on Tees CCG
Medical Director, South Tees Hospitals NHS Foundation Trust

improving
health
together

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