Prevention of Future Deaths reports · 2016

Ahmedreza Fathi

Regulation 28 report to prevent future deaths, reference 2016-0173, written 5 May 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report5 May 2016
Reference2016-0173
DeceasedAhmedreza Fathi
CoronerLydia Brown
Coroner areaLeicester City and South Leicestershire
CategoryState Custody related deaths · Suicide (from 2015) · Hospital Death (Clinical Procedures and medical management) 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

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:
Mr lan West. Governor, HMP Gartree.

cting Chief Executive.
East Midlands Ambulance Service NHS Trust.

1 | CORONER

lam Lydia Brown, assistant coroner, for the coroner area of Leicester City and
Leicestershire South

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 15 May 2015 | commenced an investigation into the death of Anmedreza Fathi.
The Inquest concluded on 12" April 2016. The Juries conclusion was,

Suicide on May 13th 2015, Gallow Field Road, Market Harborough, Leicestershire. The
circumstances that the deceased came by his death were a combination of plastic bag
asphyxia and multi drug toxicity, which we believe to be a deliberate act of suicide. From
the evidence presented we are of the opinion that the main two contributing factors to Mr
Fathi's actions are; the constant physical pain he was experiencing, and the lack of trust
(he developed after acute episodes of anxiety and paranoia) for his support network.
With the evidence presented, we have heard that there was a fragmented incohesive
approach to the care and support Mr Fathi received which lacked a strategic lead. On
the night of 12th May 2015 there were clear changes in Mr Fathi's usual pattern of
behaviour that should have been managed more appropriately. It is evident that there
was a breakdown in effective communication which led to partial information being
provided and inadequate decisions being made.

Questions to Jury. Q1) Do you agree the cause of death to be 1a. Combination of plastic
bag asphyxia and multi drug toxicity? A) Yes. Q2) Following his admission to Leicester
Royal Infirmary on 26th March 2015, was Mr Fathi appropriately risk assessed with
access to all relevant information, after his return to HMP Gartree ? A) No. Q3) Did the
care plan approach used by the healthcare teams include sufficient detail to ensure all
aspects of his safe-keeping were available to and understood by all relevant staff with
direct contact with Mr Fathi ? A) No. Q4) Did the prison, primary and secondary
healthcare services work together and share appropriate information, and review this
regularly, to keep Mr Fathi as safe as can reasonably be expected within a secure prison
environment? A) No. Q5) On the evening of 12 May 2015, were the changed
observation levels appropriate at all times? A) No. Q6) If your answer to question 5 is
"no", do you think that different, more appropriate, observations may have resulted in an
alternative outcome on this night? A) Yes.

Cause of death

1a Combination of plastic bag asphyxia and multi drug toxicity

CIRCUMSTANCES OF THE DEATH

Mr Fathi was a serving prisoner on a life sentence at HMP Gartree. He was on an
ACCT document for many months and under the ongoing care of the physical and
mental health teams, as well as receiving physical health care outside the prison.

He had made several attempts to harm himself in the past, including 4 significant
episodes during 2015 when he required emergency treatment out of hospital and had
threatened to take his own life on many occasions.

On 12” May he made a comment to a fellow in-mate that he intended to take his own life
that night, and his observation levels were increased, but not to an appropriate level
according to the jury's findings of fact.

He was discovered in his cell during the night, his head and chest inside a large plastic
bag in a collapsed state and resuscitation efforts were unsuccessful. Toxicology
revealed high levels of drugs, both prescribed and non-prescribed, that he should not
have had in his possession.

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. On previous occasions following deaths in prison locally in Leicester, the
Coroner and the PPO have raised concerns regarding delays in requesting 999
emergency assistance. On the night of 12 May 2015 there was a delay in
summonsing an ambulance, in breach of PSI 03/13 and the prisons own internal
policy. The then serving Head of Safety advised the Court that she “dealt with
this problem a lot’. There appeared to be a perception from gatehouse staff that
calls had to be delayed until further information could be obtained from those
officers at the scene.

EMAS advised the court that 3 protocols already exist between other
stakeholders and discussions to consider a prison/emergency response protocol
would be welcomed and could be accommodated. | therefore encourage both
the prison and EMAS to arrange a meeting to take this matter forward.

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 30/06/2016. |, 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.

nN

COPIES and PUBLICATION

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

EE (cousin)

(PPO)

Dr P Miller. Chief Executive, Leicestershire Partnership NHS Trust

overnment Legal Dept)

Mr J. Adler (Chief Executive University Hospitals Leicester)

(Thompsons Solicitors)

Ms. Angela Hillery, Chief Executive Northamptonshire Healthcare NHS Foundation
Trust

| 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 thi e of your
response, about the release or the publication of yor nse e Chief Coroner.

[SIGNI ER]

poral Max ol 5

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:
Mr lan West. Governor HMP Gartree.

Dr P Miller. Chief Executive, Leicestershire Partnership NHS Trust.

Ms. Angela Hillery, Chief Executive Northamptonshire Healthcare NHS Foundation
Trust.

4 | CORONER

lam Lydia Brown, assistant coroner, for the coroner area of Leicester City and
Leicestershire South

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 15 May 2015 | commenced an investigation into the death of Anmedreza Fathi.
The Inquest concluded on the 12" April 2016. The Juries conclusion was,

Suicide on May 13th 2015, Gallow Field Road, Market Harborough, Leicestershire. The
circumstances that the deceased came by his death were a combination of plastic bag
asphyxia and multi drug toxicity, which we believe to be a deliberate act of suicide. From
the evidence presented we are of the opinion that the main two contributing factors to Mr
Fathi's actions are; the constant physical pain he was experiencing, and the lack of trust
(he developed after acute episodes of anxiety and paranoia) for his support network.
With the evidence presented, we have heard that there was a fragmented incohesive
approach to the care and support Mr Fathi received which lacked a strategic lead. On
the night of 12th May 2015 there were clear changes in Mr Fathi's usual pattern of
behaviour that should have been managed more appropriately. It is evident that there
was a breakdown in effective communication which led to partial information being
provided and inadequate decisions being made.

Questions to Jury. Q1) Do you agree the cause of death to be 1a. Combination of plastic
bag asphyxia and multi drug toxicity? A) Yes. Q2) Following his admission to Leicester
Royal Infirmary on 26th March 2015, was Mr Fathi appropriately risk assessed with
access to all relevant information, after his return to HMP Gartree ? A) No. Q3) Did the
care plan approach used by the healthcare teams include sufficient detail to ensure all
aspects of his safe-keeping were available to and understood by all relevant staff with
direct contact with Mr Fathi ? A) No. Q4) Did the prison, primary and secondary
healthcare services work together and share appropriate information, and review this
regularly, to keep Mr Fathi as safe as can reasonably be expected within a secure prison
environment? A) No. Q5) On the evening of 12 May 2015, were the changed
observation levels appropriate at all times? A) No. Q6) If your answer to question 5 is
"no", do you think that different, more appropriate, observations may have resulted in an
alternative outcome on this night? A) Yes.

Cause of death

1a Combination of plastic bag asphyxia and multi drug toxicity

4 CIRCUMSTANCES OF THE DEATH

Mr Fathi was a serving prisoner on a life sentence at HMP Gartree. He was on an
ACCT document for many months and under the ongoing care of the physical and
mental health teams, as well as receiving physical health care outside the prison.

He had made several attempts to harm himself in the past, including 4 significant
episodes during 2015 when he required emergency treatment out of hospital and had
threatened to take his own life on many occasions.

On 12" May he made a comment to a fellow in-mate that he intended to take his own
life that night, and his observation levels were increased, but not to an appropriate
level according to the jury's findings of fact.

He was discovered in his cell during the night, his head and chest inside a large
plastic bag in a collapsed state and resuscitation efforts were unsuccessful.
Toxicology revealed high levels of drugs, both prescribed and non-prescribed, that he
should not have in his possession.

5 | COR R'S C ERN.

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. Healthcare complex case planning was not robust or effective, and was not
reviewed or updated in response to subsequent events. Multi-disciplinary team
meetings, if they took place, were not formalised and there was no ready access
to all relevant information relating to risk assessment and case management
through either System1 (the medical record storage and case management
system) held by healthcare, or the ACCT document held by the prison.

2. The enhanced case management system referred to in PSI 64/11 was under-
utilised for a prisoner of this complexity and further consideration should be
given to its role in situations of this nature.

3. Mr Fathi was taken to hospital with (on the balance of probabilities) an earlier
overdose, some weeks before he lost his life. Neither the prison services nor
healthcare considered the significance of this event, raised any hospital
enquiries or completed an accident/near-miss incident report procedure and
applied learning outcomes. This was a missed opportunity to consider Mr
Fathi's intentions, his ability to access drugs in appropriately and to take
appropriate safeguarding actions. Consideration should be given to adopting a
system that ensures investigating such events on each occasion to ensure
lessons can be learnt.

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.

Nu

|
YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report.
namely by 30/06/2016.1, 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

3 | COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following Interested
Persons.
Cousin)
(PPO)
‘Government Legal Dept)

Mr J. Adler (Chief Executive UHL)
Me ces Solicitors)
a

Acting Chief Executive. (EMAS)

| 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/pf ypwr response by the Chief Coroner

I

er

PPS ley a6 SPT

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 East Midlands Ambulance Service NHS Trust (PDF)
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East Midlands Ambulance Service  ''  "~

Emergency Care ~  Urgent Care (1Ne Care

Trust Headquarters
1 Horizon Place
Mellors Way
Nottingham Business Park
Nottingham
NG8 6PY

Telephone: 0115 884 5000
Fax: 0115 884 5001
Website: www.emas.nhs.uk

Our ref: 

25 July 2016

Mrs Lydia Brown
HM Assistant Coroner.
Leicester City and Leicestershire South
The Coroner's Court
Town Hall
Town Hall Square
Leicester
LE1 9BG

I~Z~Tii11 

• . ~

Re:  Report to Prevent Future Deaths: Ahmedreza Fathi (DECEASED)

Thank you for your Regulation 28 Report to Prevent Future Deaths, dated 11 May 2016, bringing
to my attention HM Coroner's concerns arising from the Inquest into the death of Ahmedreza
Fathi.  I  would like  to re-emphasise our apologies for the failure to respond to the original
Regulation 28 Report.  An initial investigation has not found evidence of receipt of this report,
however our management of Coronial processes is under review to ensure stronger and more
robust handling of all cases to avoid such events in the future.

would like to reassure you that within the East Midlands Ambulance Service (EMAS) all matters
related to patient safety are taken extremely seriously.  In  particular, any matters arising from
Coroner's Inquests from which lessons can be learnt, and this includes any Prevention of Future
Deaths notices, are discussed within the Coroners Working Group.  The Coroners Working
Group, having considered all the relevant issues of concern relating to the particular Inquest at
hand, will  then develop an appropriate action  plan with  specified  timelines for each action,
together with identified individuals to deliver the actions specified.

This process has been applied to the Prevention of Future Deaths notice (PFD notice) pertaining
to the Inquest into the death of Ahmedreza Fathi.

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East Midlands Ambulance Service ~ ~`

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Emergency Care ~  Urgent Care (1Ne Care

The MATTERS OF CONCERN are as follows:

• On previous occasions following deaths in  prison locally in  Leicester, the Coroner and the
PPO have raised concerns regarding delays in requesting 999 emergency assistance.  On
the night of 12 May 2015 there was a delay in summonsing an ambulance, in breach of PSI
03/13 and the prisons own internal policy. The then serving Head of Safety advised the Court
that she "dealt with this problem a lot".  There appeared to be a perception from gatehouse
staff that calls had to be delayed until further information could be obtained from those officers
at the scene.

• EMAS advised the court that 3 protocols already exist between other stakeholders and
discussions to consider aprison/emergency response protocol would be welcomed and could
be accommodated. I  therefore encourage both the prison and EMAS to arrange a meeting
to take this matter forward.

set out below the actions EMAS has taken and our response to HM Coroner's concerns as
detailed in the PFD notice.

To address the specific issues identified in relation to Gartree Prison, alongside informing wider
regional secure units, an initial meeting has been scheduled for Wednesday 3 August 2016. This
meeting will  be attended by the 
(Consultant Paramedic Lead) from EMAS, and the Head of Operations .and Senior Operations
Team from HMP Gartree.  This meeting will aim to set an agenda to address access issues,
ambulance activation protocols and partnership working principles.  It is planned that this will be
the first of a number of meetings and workshops to address the identified issues and available
opportunities.

 (Deputy Medical Director), 

EMAS has been proactively working with secure environment teams to develop working practices
to create safe and efficient care delivery. This has been led by local management teams based
upon locally identified  needs.  A key example of this working is the provision of SEND cards
(Secondary Emergency Notification of Dispatch) for all secure environments for staff issue. These
cards identify the core information required by the AMPDS triage system to appropriately triage
patients and act as an aide memoire for front line police and public safety officials.

I n order to provide suitable oversight, leadership and empowerment to change, EMAS has now
formed a senior regional group to address issues relating to secure environments such as prisons
and secure mental health  units etc.  This centralised approach will enable a consistent and
informed approach to this complex area of healthcare provision. This group has membership of
senior team members from the Operations Directorate, Medical Directorate, Emergency Planning
and Resilience Directorate and Emergency Operations Centre.

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East Midlands Ambulance Service  ~~ 

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Emergency Care ~  Urgent Care (We Care

hope that you agree that EMAS have taken initial steps to ensure that the provision of high
q uality emergency care for secure environments working alongside partner agencies.  I  can
assure you that we are taking the actions identified with a view to ensuring that similar tragic
events can be avoided wherever possible in the future and that lessons are learnt.

Please do not hesitate to contact me should  you require any additional information, or any
clarification, in connection with the above.

Yours sincerely

~~~~~

Interim Chief Executive
Response from National Offender Management Service (PDF)
~~· 
National Offender 
Management Service 

Equality, Rights and Decency 
Group
National Offender Management Service 
◄ th Floor. Chve House. 
70 Petty France. 
London. SW1H 9HD 

Lydia Brown 
Assistant Coroner for Leicester City and Leicestershire South 

24  June 2016 

Dear Ms Brown 

Regulation 28  Report following the inquest into the death of Mr Ahmedreza Fathi on 13 
May 2015 at HMP Gartree 

Thank you for your Regulation  28  report  of 5  May  addressed  to the  Governor of HMP  Gartree 
and  the  East  Midlands  Ambulance  Service  NHS Trust,  concerning  the  recent  inquest  into  the 
death  of Mr Ahmedreza  Fathi.  Your report  has  been  passed to  Equality,  Rights and  Decency 
(ERD) Group in  NOMS, as we are responsible for sharing learning from  deaths in custody.  This 
response has been prepared in consultation with the Governor of HMP Gartree. 

In your report  you  repeat the  concern  that you,  the  Coroner and the PPO have raised  following 
previous  deaths  in  prisons  in  the  Leicester  area about  delays  by  prison  staff  in  calling  for  an 
ambulance.  You  point  out that the  East  Midlands  Ambulance  Service  NHS  Trust  (EMAS)  had 
advised the court that discussion  of a prison emergency response protocol would  be welcomed 
and encourage the prison and EMAS to arrange a meeting to take this forward. 

You  will  be aware that PSI  03/2013 Medical  Emergency Response Codes sets out the national 
instruction  for calling  a medical  emergency over the  establishment  radio  network  in  all  prisons 
and NOMS-operated Immigration Removal Centres 

HMP Gartree has revised the local contingency plans and re-issued  instructions in  May 2016 to 
ensure that all staff understand that they must not delay calling an ambulance in all cases where 
there  are  serious  concerns  about  the  health  of  an  offender.  The  local  protocols  now provide 
clear  guidance  to  all  staff  to  ensure  timely,  appropriate  and  effective  responses  to  medical 
emergencies 

In  addition  HMP  Gartree  and  other  prisons  in  the  Leicester  area  are  collaborating  with  the 
EMAS  to  ensure  effective  Joint  working  and  consistency  of  approach  in  all  the  prisons. 
Representatives  of the  prison  met with  EMAS  in  April  2016,  and there  is  an  expectation  that  a 
joint emergency response protocol will  be in place by 31  July 2016 

Thank you for bringing these matters of concern to our attention.  I hope that this  letter has been 
helpful in providing some national context and in giving you  assurance that the concerns that 
you have raised  have been,  or are being,  addressed locally at HMP Gartree and in the other 
prisons in the Leicester area. 

Yours sincerely 

 
 NOMS Equality, Rights and Decency Group

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