Prevention of Future Deaths reports · 2015

Davin Short

Regulation 28 report to prevent future deaths, reference 2015-0245, written 29 Jun 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report29 Jun 2015
Reference2015-0245
DeceasedDavin Short
CoronerDavid Osborne
Coroner areaNorfolk
CategoryState Custody related deaths
Sourcejudiciary.uk record · original PDF
Responses published2

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. 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:

Head of Safer Custody & Equality
HMP Wayland

Griston Road

Thetford

Norfolk

IP25 6RL

1 | CORONER

lam DAVID OSBORNE Assistant Coroner, for the coroner area of NORFOLK

2 | CORONER’S LEGAL POWERS

| 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 6 October 2011 an Inquest into the death of DAVIN PAUL SHORT aged 46 years
was opened. The Inquest concluded at the end of the inquest on 25 June 2015. The
conclusion of the inquest was that Davin Short died from natural causes with the medical
cause of death being 1a Acute Lobar Pneurhonia.

4 | CIRCUMSTANCES OF THE DEATH

Mr Short had been diagnosed and treated for a chest infection on 21 September 2011.
Ata review appointment on 28 September 2011 it was considered that his infection had
resolved. Expert evidence (ror I con freed that Mr Short received
appropriate treatment and that his presentation on 28 September 2011 was of a
resolved pneumonia. Mr Short rang his cell bell at 03:00 on 4 October 2011 and was
spoken to by an officer when he complained of leg pain. He appeared to take advice arid
get some rest. He was discovered unresponsive in his cell at about 08:15 hours on 4
October 2011, CPR was commenced but he was sadly pronounced deceased b'
attending ambulance service at 08:43. In the opinion of the —«
Mr Short was deceased when discovered.

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) During the course of the hearing | heard evidence that the prison did not have
electronic system for recording cell bells and it was left to the discretion of individual
officers whether to record a cell bell call in the Wing Record. | am therefore concerned
that without guidance as to the making of a record of a cell bell call of medical nature an
important matter may be overlooked with risk to life.

(2) | also heard evidence that although there were now adequate radios for all three
healthcare staff it was not made clear that if a single member of healthcare were on duty
he or she must have a radio. | am therefore concerned that without a specific guidance,
there is a risk that a single member of healthcare may not have a radio causing delay in
responding to an emergency call and possible risk to life.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe your
organisation has 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 24 August 2015. 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

| have sent a copy of my report to the Chief Coroner and to the following Interested
Persons:

BE (thr)

| have also sent it to:

HM Inspectorate Of Prisons

National Offender Management Service

Independent Advisory Panel in Deaths in Custody who may find it useful or of interest.

| 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.

29 June 2015 x | se eeaeeenenens

David Osborne
Assistant Coroner — Norfolk Area

Responses

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.

Response from HMP Weyland (PDF)
2. Ministryof rN
Prt JUSTICE Lo HM PRISON
National Offender “™™""""""""_ nvEsTOR IN PEOPLE SERVICE
Management Service
HM Prison Wayland

Griston, Thetford
Norfolk (P25 6RL
Tel: 01953 804100 Fax: 01953 804220

www. hmoprisonservice.gov.uk

Norfolk Coroners Office Your ref:

69-75 Thorpe Road .
Norwich, Norfolk Our Ref:

NR1 1UA Date:19/8/15

Response to Regulation 28 — Davin Short Death in Custody
Dear Sir/Madam,

My name is PY and | am the Head of Safer Prisons and Equalities at HMP
Wayland. Within my role, | am responsible for undertaken actions as a result of a
death in custody and am best placed to respond to the Regulation 28 letter regarding
the death of Mr Davin Short at HMP Wayland. | also attended and gave evidence at
the enquiry.

In relation to the concerns raised regarding the recording of medical issues that may
occur during the night | have ensured that the attached Governors Order was
published to clarify this and have amended the Local Security Strategy to support
this.

In relation to the issue of radios to Healthcare staff, since the death of Mr Short, a

’ new radio system has been introduced with a greater number of radios. Alll
Healthcare staff are issued radios upon arrival as a matter of course and as such,
the circumstances discussed as part of the inquiry will not re-occur.

Yours Faj

Head of Safer Prisons and Equality
HMP Wayland

Making a Difference Together
Response from Noms (PDF)
ae : ; Equality, Rights and Dec

National Offender 7 : Group ;
. , : National Offender Management Service
Management Service , . . Ath Floor, Clive House,

- 70 Petty France,
London, SW1H SHD .

Mr David Osborne
Assistant Coroner,
Norwich

69-75 Thorpe Road
Norwich

Norfolk NRi 1UA

- 44 September 2015

Dear Mr Osborne,

Regulation 28 report concerning the inquest into the death of Davin Short on 4
October 2011 at HMIP Wayland

Thank you for your report addressed to Matthew Spooner, Head of Safer Custedy
and Equality at HMP Wayland, dated 29 June 2015, concerning the inquest into
the death of Mr Davin Short. | understand that you have already received a
tesponse from This was sent because he was not aware that it is
our policy for the Equality, Rights and Decency Group to respond to all such
reports addressed to the National Offender Management Service (NOMS), as we
have responsibility for sharing learning from all deaths in prison custody in
England and Wales. | would like to bring to your attention some information that
was not included in his response, and | am grateful for the additional time that
you have permitted me to do so.

The two concerns that you raise in your repoft are as follows:

(1) During the couse of the hearing | heard evidence that the prison did not have
electronic system for, recording cell bells and it was lettto the discretion o individual
officers whether io récofd-a cell bell call in the ‘Wing: Record. lam theres ae nmeerhed
that wit iit guidance as to the:making of a record of a cell bell call of medical nature an

- important matter may be overldoked with risk to life.

(2) 1 also nee evidence, iat although there were now. w adeauate radios fof all thireé
sen frit . a . x 4

responding to: an emergency call and possible tisk to life.

As you know, each wing at HMP Wayland has a cell calf system, but, unlike in some
prisons of more recent, construction, calls are not recorded electronically, and it is not-
therefore possible to conduct an analysis of the number of calls or the time taken to
answer them. There are currently no plans to introduce a system that permits
electronic recording of calls, as this would be prohibitively expensive.

In response to your first concern, the attached Governor's. Order was issued at HMP
Wayland on 30 June 2015. It instructs staff to record medical issues that occur
during the night in the wing observation book to ensure that they are brought to the
attention of relevant staff the next day. The Local Security Strategy has been
amended to reflect this procedure.

In response to your second concern, as you were informed at the inquest, a new
radio system with an additional number of radios has been introduced at HMP
Waylarid since Mr Short's death. All healthcare staff are now routinely issued with
radios upon arrival at the prison and this enables them to respond to emergency calls

without delay.

|. hope this provides assurance that your concerns have been addressed.

Yours sincgyely

NOMS Equality, Rights and Decency Group

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