Prevention of Future Deaths reports · 2015

Michael Thorley

Regulation 28 report to prevent future deaths, reference 2015-0260, written 7 Jul 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report7 Jul 2015
Reference2015-0260
DeceasedMichael Thorley
CoronerJohn Pollard
Coroner areaManchester South
CategoryCommunity health care and emergency services related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

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

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO: The Chief Constable, Greater Manchester
Police.

1 | CORONER

am John Pollard, senior coroner, for the coroner area of South Manchester

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 9" February 2015 | commenced an investigation into the death of Michael Lee
Thorley dob 3 September 1968. The investigation concluded on the 25" June 2015
and the conclusion was one of an Open Conclusion. The medical cause of death was 1a

Combined opiate/opioid toxicity

4 | CIRCUMSTANCES OF THE DEATH
The deceased was at his home address which is a first floor flat reached bya

staircase from the ground floor. There was a telephone call made to the North
West Ambulance Service, by a female voice, saying that ‘she’ was Michael Thorley
and that he was unable to breathe. The caller then collapsed and nothing further
was heard and an ambulance was despatched to the scene. The ambulance call
taker notified the police and police officers attended. When they got to the scene
they found that the outer door was locked and there was a metal grille type door
over that front door, and that too was locked. Consideration was given to breaking
down the door, but instead, despite two of the officers being trained in the use of
wham-rams, one officer then went off to try to find the next of kin to see whether a
key could be obtained to gain entry. By the time that officer returned to the flat
with the next of kin (who did not have a key) some 23 minutes had passed since
the police first arrived at the scene. The pathologist gave evidence to me, that had
the deceased been treated with a dose of naloxone (the ‘antidote’ to morphine)
immediately upon their arrival, there “is a chance that his life might have been
saved”. The officers then broke down the door, which took about 30 seconds and

found the deceased in the property.

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. There was an inordinate and inexcusable delay in gaining entry to the
premises where it was known that the caller to the ambulance service

had apparently collapsed mid-call.

2. There was no clearly thought-out and applied policy as to whether it
was better to risk breaking down a door unnecessarily or whether to
risk the life of someone who may be collapsed inside.

3. When the officers searched the premises they failed to find
approximately five empty methadone bottles which were in a kitchen
cupboard.

4. The telephone which was used to make the call was found (after the
ambulance service re-called it), well away from the body. No
explanation for this was forthcoming. This issue was not even
considered as needing examination by the attending officers.

5. None of the investigating officers considered that a third party may
have made the phone call and then tidied up the flat and left, locking
the door from the outside. When the officers gained entry there was no
drug paraphernalia nor were there any opened prescribed medication
packets. There was a large quantity of prescribed medication, none of
which had been opened. There was no explanation as to why or how
this situation may have arisen: This despite the fact that it was known
that the deceased's friend had been present the Previous night/early
morning, and that she could have had a key. It was assumed that the
door had been locked from the inside although there was no evidence
to support that contention.

6. The Detective Inspector did not attend the scene on the day as it was
deemed not a Special Procedure Death and not one where he needed
to attend. The representative of the Professional Standards Branch
concurred with the view expressed by the Coroner that a D.I. should

turn out to this type of death.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you 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 1** September 2015. |, 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 rare lal ot of the deceased).

! 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. Yo make representations to me, the coroner, at the time of your
response, abouffhe felease or the publication of your response by the Chief Coroner.

7™ July 2015 John Pollard, HM Senior Coroner

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 Greater Manchester Police (PDF)
GREATER MANCHESTER

Sir Peter Fahy Q.P.M., M.A. P O L | C E

Chief Constable

Mr John S Pollard
Her Majesty’s Senior Coroner
South Manchester Area

1, Mount Tabor Street,
Stockport

10 September 2015

SK1 3AG

Dear Mr Pollard,

Thank you for your Regulation 28 Report following the inquest into the death of Michael Lee
THORLEY, from which | note the following concerns.

t.

2:

There was an inordinate and inexcusable delay in gaining entry to the premises
where it was known that the caller to the ambulance service had apparently collapsed
mid-call.

There was no clearly though-out and applied policy as to whether it was better to risk
breaking down a door unnecessarily or whether to risk the life of someone who may
be collapsed inside.

When the officers searched the premises they failed to find approximately five empty
methadone bottles which were in the kitchen cupboard.

The telephone which was used to make the call was found (after the ambulance
service recalled it), well away from the body. No explanation for this was forthcoming.
This issue was not even considered as needing examination by attending officers.
None of the investigating officers considered that a third party may have made the
call and then tidied up the flat and left, locking the door from the inside. When officers
gained entry there was no drug paraphernalia nor were there any opened prescribed
medication packets. There was a large quantity of prescribed medication, none of
which had been opened. There was no explanation as to why or how this situation
may have arisen: This despite the fact that it was known that the deceased's friend
had been present the previous night/early morning and she could have had a key. It
was assumed that the door had been locked from the inside although there was no
evidence to support that contention.

The Detective Inspector did not attend the scene on the day as it was deemed not a
Special Procedure Death and not one where he needed to attend. The representative
of the Professional Standards Branch concurred with the view expressed by the

Coroner that a D.! should turn out to this type of death.

Points 1 and 2 relate mainly to dynamic decision making and to some extent, to the
availability of methods of entry.

The Specialist Operational Training Unit which is responsible for training officers in both
decision making and tactics will use this example during their method of entry training
modules. They will highlight the need to balance the thresholds required for entry under
Section 17 PACE Act with factors that indicate urgent entry is required to save life. In
addition an internal message will be issued forcewide to encourage and empower officers
reluctant to execute forced entry tactics in cases where there is concern for welfare. The

Location address: GMP Force Headquarters, Central Park, Northampton Road, Manchester M40 5BP

Postal address: Greater Manchester Police, Openshaw Complex, Lawton Street, Openshaw, Manchester M11 2NS.

Tel: 101

details of this case have also been shared with Detective Inspector [ggg of the GMP
Vulnerability Review, who is currently undertaking work to review training, resourcing and
skills required to deliver safeguarding at force, borough and local levels.

It is apparent that most officers understand their powers of entry and are willing and able to
force entry when it is clearly necessary and appropriate. However it seems that there are
some occasions when the particular circumstances and the available information appear to
cause a degree of hesitation. Our training and prioritisation is clearly emphasising public
safety, and | am not aware of any policy issues that might have affected the officers’

decisions in this particular case.

Pe aa Patrol sergeant fi who was spoken to by Detective Inspector
on Wednesday 8" July 2015. MNS has acknowledged your concerns
in relation to the quality of his search of Mr Thorley’s premises and accepted management
advice.

This point is also symptomatic of the oversight of this particular investigation. The discovery
of the methadone bottles should have prompted further questions by the officers concerned
and presented an opportunity to reconsider the investigation. This aspect has been identified

in the existing action development plan oy

Points 4, 5 and 6 have been subject of a review of the investigation into the death of Mr
Thorley by Detective Chief Inspector Crompton of the Major Incident Team.

This review focused on initial attendance, oversight of the investigation and court
preparation. The findings and recommendations have been pores lial
senior investigating officer , Detective Inspecto: of the
Professional Standards Branch and Assistant Chief Constable Wiggett.

discussed his findings and recommendations with Detective Inspector

Stainton on Wednesday 2™ September 2015. is to remain on an action
development plan which will continue to be managed by his immediate line manager I

Specific aspects of this action plan involve recognising the circumstances that require

deployment of a se stigating officer and risk factors that make the attendance of a D!
more compelling| ill ratify successful completion of this action plan with Detective
in due course.

| understand that you have raised these points in person with |. handling of
the incident has been reviewed and feedback and management advice given to the officers
concerned. Whilst the investigation did go on to address the important lines of inquiry, |
agree that the initial decision making and supervision should have carried out actions sooner
and more thoroughly. | hope that our response will reinforce this with the individuals
concerned and that our training and guidance will continue to emphasise the need for prompt

action and good investigation.

Yours sincerely,

oS

Sir Peter Fahy
Chief Constable

Location address: GMP Force Headquarters, Central Park, Northampton Road, Manchester M40 5BP
Postal address: Greater Manchester Police, Openshaw Complex, Lawton Street, Openshaw, Manchester M11 2NS
Tel: 101

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