Prevention of Future Deaths reports · 2015

Liam Smith

Regulation 28 report to prevent future deaths, reference 2015-0382, written 18 Sep 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report18 Sep 2015
Reference2015-0382
DeceasedLiam Smith
CoronerGeraint Williams
Coroner areaWorcestershire
CategoryState Custody related deaths · Hospital Death (Clinical Procedures and medical management) 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.

ANNEX A

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:

1. Governor HMP Hewell
2. Worcestershire Health and Care Trust
3.

CORONER

| am Geraint Urias Williams, Senior Coroner, for the coroner area of Worcestershire

| 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.

On 14th August 2014 | commenced an investigation into the death of Liam SMITH then

The investigation concluded at the end of the inquest on ...

The conclusion of the inquest was narrative (attached) the medical cause of death being
combined methadone, mirtazipine, olanzapine and zopiclone toxicity .

Mr Smith was admitted into HMP Hewell on 7 August 2014.

He was a known high risk drug users who took a cocktail of his prescribed medication
and other illicitly obtained medication in his cell and died as a result.

2 | CORONER’S LEGAL POWERS
| 3 | INVESTIGATION and INQUEST
aged 32 years.
4 | CIRCUMSTANCES OF THE DEATH
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) Evidence suggested that Mr Smith was at risk of inadvertant self harm and that
therefore in accordance with PSI64/2011 ACCT procedures should have been opened
in respect of him. Witnesses confirmed their understanding of that mandetory
requirement but indicated that they would use their clinical judgement in deciding
whether or not to open an ACCT. It is of concern that staff may therefore may therefore
not be following mandetory PSI instructions and that prisoners are not receiving
appropriate protection by way of the ACCT process.

(2) Evidence was given that certain medical information which arrived at the prison with
Mr Smith was not disemminated to those in reception or those who had later dealings

with him which meant that they were unaware of the potential risk of suicide or self
harm. It was suggested by some witnesses that documentation "goes astray" and is
only found much later.

(3) Healthcare Staff indicated that they do not always read relevant sections of the
System 1 notes and that the "summary page" of System 1 does not always "pull
through" relevant important information with a result that staff may be unaware of that
information.

(4) Evidence suggested only limited interaction between members of Healthcare Staff
and prisoners who were deemed as "high risk drug users" with a concern that warning
signs are missed

ACTION SHOULD BE TAKEN |

In my opinion action should be taken to prevent future deaths and | believe you have
the power to také such action; specifically to review the processes and procedures to
deal with the matters outlined above.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 13"° November 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

| 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.

Signed

G U Williams 18th day of September 2015
H M 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 Noms (PDF)
Worcestershire Health and Care NHS!

NHS Trust

National Offender Management
T E 4" Floor (post point 4.12),
70 Petty France
National Offender London SW1H 8HD
Management Service

Mr Geraint Williams
Senior Coroner for Worcestershire

13 November 2015
Dear Mr Williams,

Thank you for your Regulation 28 report dated 21 September, addressed to both the
Governor of HMP Hewell and Worcestershire Health and Care NHS Trust. concerning the
recent inquest into the death of Liam Smith who died on 17 August 2014. Your report has
been passed to the Equality, Rights and Decency Group (ERDG) In the National Offender
Management Service (NOMS), as we have responsibility for the policy on suicide prevention
and self-harm management and for sharing learning from deaths in custody, This response
is provided on behalf of NOMS, the Govemor of Hewell and the Worcestershire Health and
Care NHS Trust.

| have addressed the points you have made in the order that they were raised,

1, Evidence suggested that Mr Smith was at risk of inadvertent self harm and that
therefore in accordance with PS! 64/2011 ACCT procedures should have been opened in
respect of him. Witnesses confirmed their understanding of that mandatory requirement but
indicated that they would use their clinical judgement in deciding whether or not to open an
ACCT. It is of concern that staff may therefore not be following mandatory PS! instructions
and that prisoners are not receiving appropriate protection by way of the ACCT process.

As you are aware, chapter 5 of Prison Service Instruction (PS!) 64/2011 sets out the policy
on the Assessment, Care in Custody and Teamwork (ACCT) process. ACCT is a prisoner-
centred, flexible care planning approach which is used in all prisons to manage a prisoner's
risk or self-harm or suicide.

Managing suicide and seif-harm risk within the prison estate is a difficult and complex issue.
It is recognised that many prisoners present with a number of static and dynamic risk factors
that may lead to them being more susceptible to risk of self-harm, such as substance
misuse, childhood adversity or mental health issues. Any prisoner, who is identified as being
at risk, must be managed and supported using the ACCT procedures.

Staff are often required to take difficult decisions and make judgements about a prisoner's
risk of harm based on a number of factors. It is important that a full assessment of a
prisoner's risk is undertaken including input from clinicians in order to make a fully informed
decision about a prisoner's risk to themselves which will inform the decision as to whether an
ACCT document should be opened.

Additionally, the policy states that if a member of staff receives information which may
indicate a risk they must open an ACCT. It is not the intention of the policy to require staff to
open an ACCT automatically in every circumstance where a risk “may” be indicated but it is
expected that they communicate their concerns immediately to the Residential, Daily or
Night Operational Manager, and/or consider opening an ACCT Plan and make a record of
their decision in an appropriate source e.g. observation book, NOMIS.

A review of the ACCT process is currently ongoing, which will inform changes to the current
policy in PSI 64/2011.

= Evidence was given that certain medical information which arrived at the prison with
Mr Smith was not disseminated to those in reception or those who later had dealings with
him which meant that they were unaware of the potential risk of suicide or self harm. It was
suggested by some witnesses that documentation “goes astray” is only found much later.

It is accepted that the reception processes in relation to communicating with escort staff
were not as robust as ideally they should have been. Both the prison and healthcare
provider have reviewed their procedures in reception to ensure that systems are in piace that
communication between reception staff and the escort provider is recorded appropriately. In
Mr Smith's case it appears that the Person Escort Record (PER) was not used appropriately,
in that the medical in confidence information provided by health care professionals in the
court was not attached to the PER.

3. Healthcare Staff indicated that they do not always read relevant sections of the
Systm 1 notes and that the “summary page” of Systm 1 does not always “pull through”
relevant information with a result that staff may be unaware of that information.

The concerns you have raised regarding healthcare staff not reading relevant sections of the
records have been taken very seriously. All registered clinical staff have a professional
obligation to review relevant parts of the notes; this message has been reiterated and
addressed with ail clinical staff. The second part of the concern relates to information being
‘pulled through’ onto the summary page. This matter is being taken to the West Midlands
Regional SystmOne User Group so that the learning generated through Mr Smith's death
can be shared much wider than one prison. In the meantime, this issue has been raised with
clinical staff in a staff meeting at HMP Hewell and the learning is being disseminated across
the three prisons in which the Trust provides healthcare.

4. Evidence suggested only limited interaction between members of Healthcare Staff
and prisoners who were deemed as *high risk drug users” with a concern that warning signs
are missed.

The Trust has confirmed that they have now changed their practices relating to high risk
drug users. The initial contact for those undergoing any type of detoxification is from the
caseworker who has contact the day after the person is received into the prison.
Additionally, a follow up ledger to SystmOne has been introduced within three working days
of the detoxification programme ending. An audit will be undertaken within the first quarter
of 2016 to check that the processes are working effectively,

We hope you the contents of this letter have been helpful in providing some national context

and additional assurance that the concerns that you have raised have been, or are being,
addressed locally at HMP Hewell.

We note that you have provded a copy of your ite oI = Eon we
shall be obliged if you could kindly forward to them a copy of our response. We do consider

it may be useful to share our response with the Chief Coroner in light of the national
implications of the revision of the relevant PSI,

Yours sincerely

u ©
j-
laces 2

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