Prevention of Future Deaths reports · 2015

Catherine Findlay

Regulation 28 report to prevent future deaths, reference 2015-0372, written 13 Oct 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report13 Oct 2015
Reference2015-0372
DeceasedCatherine Findlay
CoronerSimon Jones
Coroner areaManchester (West)
CategoryAlcohol, drug and medication 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 (1)

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

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

- The Home Secretary, the Rt Hon Teresa May MP

2. The Minister of State for Crime Prevention, the Rt Hon Lynne
Featherstone

. The Advisory Council on the Misuse of Drugs

CORONER

Tam Simon David Allen Jones Assistant Coroner, for the Coroner Area of
Manchester West

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 the 27" May 2015 I commenced an investigation into the death of
Catherine Mary Findlay (Formerly known as Catherine Mary Roberts), born on
the 13" October 1977

The investigation concluded at the end of the inquest on the 16" September
2015.

The Medical Cause of Death was

1a Methoxyphenidine and Cocaine Toxicity

The conclusion of the inquest was that Catherine Mary Findlay died a drug
related death.

CIRCUMSTANCES OF THE DEATH

. On the 24" May 2015 Catherine Mary Findlay a 37 year old with a
history of drug abuse was found unresponsive and not breathing at her
home address at 4 Park Street, Tyldesley Manchester by her Mother.

2. Paramedics attended and pronounced life extinct.

3. Greater Manchester Police attended the premises and found there in
addition to prescribed medication a quantity of white powder with the
label ‘Methoxyphenidine’ (MXP)

. Evidence was heard at the Inquest that MXP is not a controlled

substance which is freely available over the internet where it is sold as,
research chemicals, and can be found on websites listing ” legal highs”.

5. A post mortem examination carried out on Catherine Mary Findlay
concluded, in the absence of any other findings that could have
explained her sudden death, that she died of as a result of a
combination of MXP and Cocaine Toxicity.

6. Evidence was further produced at the Inquest that Catherine Mary
Findlay had a history of obtaining substances over the internet.

substance under the Misuse of Drugs Act 1971 and that this is a

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. The toxicological evidence, supported by the evidence of the Consultant
Pathologist who carried out the Post Mortem examination, concluded
that the cause of death was a combination of cocaine (a controlled
substance under the Misuse of Drugs Act) and MXP.

2. MXP is not a controlled substance but related to Ketamine (a dis-
associative anaesthetic) and is thought to be a replacement for another
substance — Methoxetomine — which is now a controlled substance under
the Misuse of Drugs Act.

3. Ihave concerns that such substances - freely marketed as “research
chemicals” are regularly available over the internet. They are sold with
a warning that they are not for human consumption but are misused and
consumed by people and are consequently dangerous and potentially
life threatening.

4. I therefore request that the above concerns are considered and a review
is undertaken regarding the status and control of MXP.

ACTION SHOULD BE TAKEN |

In my opinion urgent action should be taken to prevent future deaths and I
believe you and/or 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, 8th December 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.

__|

is "] COPIES and PUBLICATION 1

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

(1) catherine Findtay’s Mother.

Tam 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 sara SD
|__| 13" October 2015 Simon David Allen Jones |

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 Respondent Not Named (PDF)
RECEIVED Rt Hon Mike Penning MP

25 NOV 2015 Minister of State for Policing,
Crime, Criminal Justice and Victims

SEES oo at om ae ee mo

A 2 Marsham Street,
Home Office Loncon SWiP ADE
Simon D. A. Jones www.gov.uk/home-office
H.M Assistant Coroner— Manchester West
H M Coroner's Court
Paderborn House

Howell Croft North
Bolton BL1 1QY 23 NOV 2015

No Giver

INQUEST INTO THE DEATH OF CATHERINE MARY FINDLAY — REGULATION
28 REPORT

Thank you for your letter of 13 October 2015 to the Home Secretary about the tragic
death of Catherine Mary Findiay from the combined effects of cocaine and
methoxyphenidine (MXP) toxicity. | am replying as the Minister for Policing, Crime
and Criminal Justice, with responsibility for drug policy.

| note your concern that MXP can be bought online and your recommendations that
the Government should review its status and consider making it a controlled
substance.

This ts clearly a tragic case and | am grateful to you for raising this issue with me.

On 28 May. we introduced the Psychoactive Substances Bill to create a blanket ban
on the supply of New Psychoactive Substances (NPS). This landmark Bill will ban
the sale, supply, production and distribution of psychoactive substances for human
consumption, including MXP, and give police and local authorities greater powers to
tackle this reckless trade.

We cannet, and cheuld not, tolerate the open sais on our high streets and over the
internet of these potentially harmful substances. This landmark legislation will
fundamentally change the way we tackle NPS and put an end to the game of cat and
mouse, in which new drugs appear on the market more quickly than we can identify
and ban them.

We are also taking forward a comprehensive action plan on NPS to enhance further
our response to prevention, treatment and information sharing. For example, we
have launched a toolkit to help local areas prevent and respond to the use of NPS
and published clinical guidelines to aid in the detection, assessment and
management of NPS users.

The Government and law enforcement agencies take the issue of unlawful
advertising and sales of drugs on the internet very seriously, and we continue to
work with internet providers to ensure that they comply with the law. This can

include closure of UK-based websites where they are found to be committing
offences under the Misuse of Drugs Act 1971. Online purchasing remains a small
overall element of drug supply: the 2013/14 Crime Survey for England and Wales
shows that just 1% of adults who used drugs in the last 12 months sourced them
from the internet.

The National Crime Agency and the police routinely monitor controlled drugs being
offered for sale on the internet and take action with industry partners to close
websites trading illegally in these substances. The Psychoactive Substances Bill
once enacted will also enable law enforcement partners to also target the
psychoactive substance market, clearly criminalising their supply. Where it has been
identified, or where there is reasonable suspicion to suggest, that controlled drugs
are being sold on websites, law enforcement agencies have the relevant powers
under the Misuse of Drugs Act 1971 to act against suppliers of controlled drugs,
whether on controlled drug charges or on suspicion of wider drug-related offences.

Considerable illegal activity takes place on the internet outside of UK jurisdiction. The
UK continues to work with international partners to develop an effective response to
the supply of controlled drugs and to react swiftly to emerging threats. In order to
tackle illegally trading websites identified overseas, we are building strong
partnerships with international partners. There is also ongoing work with the EU and
other international regulatory agencies to ensure that, wherever possible, offending
websites are amended to comply with the law.

| hope that this letter addresses your concerns.

Rt Hon Mike Penning MP

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