Prevention of Future Deaths reports · 2016

Philmore Mills

Regulation 28 report to prevent future deaths, reference 2016-0110, written 17 Mar 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report17 Mar 2016
Reference2016-0110
DeceasedPhilmore Mills
CoronerPeter Bedford
Coroner areaBerkshire
CategoryPolice related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS (1) 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

National Police Chiefs’ Council: 

CBE QPM, National Police Chiefs' Council, 1st Floor, 10 Victoria 

Street, London SW1H 0NN . Email: info@npcc.pnn.police.uk 

College of Policing 
Alex  Marshall  QPM,  Chief  Executive,  College  of  Policing,  10th  floor  Riverside 
House,  2A Southwark Bridge Road, London, SE1 9HA 

1. 

CORONER 

I am Peter James Bedford, Senior Coroner, for the coroner area of Berkshire 

2. 

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. 

3. 

INVESTIGATION and INQUEST 

I  conducted  an  Inquest  into  the  death  of  Mr  Philmore  Leonard  Mills  that  was 
heard at Reading Town Hall between the 8th February 2016 and 8th March 2016.  
The conclusion of the Inquest was in the terms of a Narrative Conclusion attached 
to this report. 

4. 

CIRCUMSTANCES OF THE DEATH 

Mr Mills was a 55 year old gentleman who was a patient on the Respiratory Ward 
at  Wexham  Park  Hospital,  Slough  with  significant  comorbidities  including 
terminal  Lung  Cancer,  Chronic  Obstructive  Pulmonary  Disease,  Pneumonia, 
Pulmonary  Emboli  and  Ischaemic  Heart  Disease.    As  a  result  of  Hypoxia  he 
became confused and aggressive and, after nursing and security staff were unable 
to control him, Police Officers attended and in the course of restraining him, Mr 

 -1-

 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

Mills collapsed and died.  This occurred on 27th December 2011.  Evidence from 
three  Pathologists  described  Mr  Mills  as  being  at  risk  of  Death  at  any  time  but 
they were unable to exclude the temporal association of restraint and 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 could 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) In the course of the evidence, the Jury heard from two independent experts 
on restraint techniques and Police training.  They both had the opportunity 
to review the existing Thames Valley Police and ACPO Training in place 
at the time of Mr Mills’ death.  This included training for Police Officers 
when dealing with a subject who may be suffering from excited delirium.  
Both Officers highlighted the fact that there is no reference to the option of 
containment as a tactic taught to Police Officers as part of their training in 
dealing  with  subjects  with  suspected  excited  delirium.    In  the  evidence, 
containment  was  identified  as  one  of  the  tactical  options  that  Officers 
should carefully consider in any situation.   

(2) The Jury heard from one of the two expert witnesses, 

 that, 
while  Police  Officers  are  trained  as  to  the  medical  consequences  of  the 
take  down  procedure  in  restraining  a  subject,  those  consequences  do  not 
include  reference  to  the  risk  of  death.    While  they  described  the  risk  of 
bruising,  broken  bones  etc,  they  do  not  suggest  that  such  a  manoeuvre 
could, in certain circumstances, prove fatal to the subject involved.   

(3) The  evidence  surrounding  the  circumstances  of  the  death  of  Philmore 
Mills suggests that this is a potential outcome of which Officers should be 
made aware. 

6. 

ACTION SHOULD BE TAKEN 

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

7. 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this 
report, namely by Friday 13th May 2016. I, the coroner, may extend the period. 

 -2-

 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

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. 

8. 

COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner and to the representatives of 
the interested parties to the Inquest which included the family of Mr Mills.   

You are 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. 

17th March 2016     

Peter J. Bedford 
Senior Coroner for Berkshire 

 -3-

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)
ranean URANO RR nln

Col lege of Office of the CEO college.police.uk
College of Policing
. . 10th Floor
Do | IC | Nn Riverside House
2a Southwark Bridge Road
London
SE1 SHA

&

+44 020 3443 7500
CEO@college.pnn.potice.uk

Peter J Bedford

Senior Coroner for Berkshire
Reading Town Hall
Blagrave Street

Reading, Berkshire

RG1 1QH

[Via email]

12" May 2016

Dear Mr Bedford
REF: PJB MILLS

1 am writing in response to your letter of 17 March 2016 and Regulation 28 Report into the death of Mr
Philmore Mills at Wexham Park Hospital, Slough on 27 December 2011.

The role of the College of Policing is to develop knowledge, education and standards within policing to
improving the service provided to the public. To support this the College sets standards for the learning,
delivery and assessment of personal safety training. The College keeps this guidance under continual
review and has updated and amended it in line with learning that has arisen from operational incidents,
iegal and coronial findings.

A suite of standards and learning products are available designed to safeguard the safety of police
personnel and members of the public. The products are focused on avoiding conflict situations where
possible. However, guidance on they include guidance on how to restrain people in the most effective
and safest way is also included. Chief constables will use these standards and products to train their
staff.

The College is a permanent representative of the national Self Defence & Restraint (SDAR) Working
Group and together with the National Police Chiefs’ Council Lead continues to engage with partners,
including leading healthcare professionals, to help ensure the latest medical, legal and tactical
developments are considered. The risks associated with the conditions know as Acute Behavioural
Disorder (ABD) and Positional Asphyxia (PA) are firmly embedded in wider police training, and remain
central tenets of mandatory Personal Safety Training.

Your specific matters of concern and our response are outlined below:

1. National training products in use at the time made no reference to the tactic of containment as an option
for managing a subject who is displaying signs of excited delirium.

It is important to note that the concept of 'containment' affects many strands of policing (tactical
communication, hostage negotiation, Public Order, Firearms etc.) and is not limited to Personal Safety
Training. The common factor to each of these strands is the National Decision Model (NDM), which
helps to ensure timely and consistent ‘use of force’ decisions - often in complex and fast-moving
events. The NDM also helps to ensure that officers' actions are proportionate, lawful, accountable and
necessary in the circumstances.

These imporiant wider issues, which include concepts such as containment, are central to the National
Personal Safety Manual, training and guidance.

The delivery of Personal Safety Training, including the risks associated with ABD and PA, were subject
of a recent national quality assurance programme, led by the College. This piece of work was
commissioned by the National Policing Lead to help enhance the policing response and ensure
compliance with the National Personal Safety Manual. This undertaking has fed to the production of a
national training video, which reinforces the medical implications of restraint and good practice elements
including the tactic of ‘containment’, This video is scheduled to form part of the national Personal Safety
Training Programme for 2016/17.

Having reviewed your observations and for completeness, a specific reference to ‘containment’ will be
added to the ABD/PA chapter of the National Personal Safety Manual to make explicit what is currently
implicit.

2. National training products in use at the time did not provide information that the medical consequences of
the use of the take down procedure as a means of restraining a subject could, in certain circumstances,
include the risk of death as well as the risk of injury.

The focus of the College in situations where confrontation between the police and the public is a realistic
proposition is the safety of all. The use of a prone restraint remains an option for police officers, and
although the technique presents challenges, it still represents a necessary tactical option in this type of
situation.

Whilst the medical implications contained within the National Personal Safety Manual contain the
inherent risks of harm to subjects who are restrained in a prone position further clarity will be added to
reinforce that, in certain circumstances, there is a risk of death, | shall ensure that these are included
within the next scheduled update.

| hope that this letter provides reassurance that the concerns raised in this report are addressed. | would
like to thank you for drawing this matter to our attention.

Yours sincerely,

AL MAM

Alex Marshall
Chief Executive

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