Prevention of Future Deaths reports · 2016
Regulation 28 report to prevent future deaths, reference 2016-0346, written 4 Oct 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 4 Oct 2016 |
|---|---|
| Reference | 2016-0346 |
| Deceased | Haydn Burton |
| Coroner | Grahame Short |
| Coroner area | Hampshire (Central) |
| Category | State Custody related deaths · Suicide (from 2015) |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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.
GA Short Senior Coroner for Central Hampshire REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: HM Prison Service and The Samaritans CORONER lam G A Short, Senior Coroner for Central Hampshire 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. hitp:/Awww.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 http:/Avwww.legislation.gov.uk/uksi/2013/1629/part/7/made INVESTIGATION and INQUEST On 20 July 2015 | commenced an investigation into the death of Haydn James Burton, 42. The investigation concluded at the end of the inquest on 27 September 2016. The conclusion of the inquest was that Haydn Burton died as a result of hanging in his prison cell at HMP Winchester. The jury recorded that his mental state at the time was unclear and that it was not possible to rule out an impulsive act as part of his personality disorder or as a means to bring attention to his perceived plight. This event was exacerbated by an inadequate implementation of ACCT policies and by insufficient communication between the various elements of the prison system. CIRCUMSTANCES OF THE DEATH Haydn Burton was detained in HMP Winchester as a convicted prisoner and had been made subject to an ACCT order at 09.30 on 14 July 2015. He was found at 10.00 in the morning of 15 July 2015 having suspended himself from a ligature point in his cell (B3.30). Prison Officers, healthcare staff and ambulance staff resuscitated Mr Burton and he was transferred to Royal Hampshire County Hospital, Winchester where he died of the delayed effects of ligature suspension on 18 July 2015. 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 evidence in this case indicated that prison staff at Winchester Prison are not implementing ACCT plans in accordance with national policy notwithstanding the training they have received and in particular the observations conducted are inadequate. | therefore consider that the process and future training needs to be reviewed (2) The Prison Listener scheme rules as to prisoner confidentiality appeared to be confusing to the listener involved in this case. The HMP Winchester Listener Scheme Protocol dated October 2012 makes no reference to situations where an “at risk” prisoner admits to having made active plans for suicide and threatens to self harm in the future (as in this case). | consider the protocol for Listeners should make it another exception to the principle of confidentiality so that they can pass such information to prison staff and that Listeners should be trained to do so if they have reason to believe there is an imminent risk of suicide even if the prisoner is already subject to an ACCT. Coroner's Office, Castle Hill, The Castle, Winchester, S023 8UL Tel 01962-667884 | Fax 01962-667893 (3) The case highlighted the limitations of the NOMIS database in relation to recording details of closed ACCT plans meaning that prison staff are frequently unaware of important information about individuals gathered previously. The case showed that despite the national policy requiring Case Notes to be made of all ACCT plans this does not happen for all prisoners so that staff are ignorant even of the fact that there was a previous ACCT in place let alone the reason for it. The ACCT post-closure process should therefore be reviewed. | consider this is particularly relevant where an ACCT is closed and the prisoner is later released and then re-imprisoned or is transferred to a different establishment. ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and | believe you HM Prison Service and (in relation to (2) only) The Samaritans 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 November 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. COPIES and PUBLICATION | have sent a copy of my report to the Chief Coroner and to the following Interested Persons: e Central and North West London 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 the time of your response, about the release or the publication of your response by the Chief Coroner. Dated 04 October 2016 Signature. a ho Senior Coroner for Central Hampshire Coroner's Office, Castle Hill, The Castle, Winchester, S023 8UL Tel 01962-667884 | Fax 01962-667893
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.
emery emma Ministry of Senior Caseworker: Safer Custody Casework U T | = Safer Custody and Public Protection Group National Offender Management Service National Offender 4.15 Clive House * 70 Petty France Management Service London SW1H 9EX Mr GA Short HM Senior Coroner for Central Hampshire BY EMAIL ONLY 12 December 2016 Dear Mr Short Thank you for your Regulation 28 Report to Prevent Future Deaths addressed to HM Prison Service, and The Samaritans, concerning the inquest into the death of Haydn Burton at HMP Winchester on 15 July 2015. Your report has been passed to the casework team in the Safer Custody and Public Protection Group (SCPPG) 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. The reply is provided after consultation with the Governor of HMP Winchester. | note your concern that evidence at the inquest suggested that staff at Winchester are inconsistent in their implementation of the Assessment, Care in Custody and Teamwork (ACCT) process, and that the practice of undertaking ACCT observations is inadequate. | am grateful to you for raising this concern, and would like to reassure you that the Governor of Winchester, | is committed to ensuring that all operational staff are successfully trained in ACCT procedures to enable them consistently to follow national ACCT policy contained within Prison Service Instruction (PSI) 64/2011 Safer Custody. Local ACCT refresher training is due to take place on 13 and 20 December 2016 for 48 members of staff and will be delivered at least monthly thereafter. HMP Winchester is also holding a Safety Awareness Day on 21 December 2016. This local training will cover the whole ACCT process, including how to open an ACCT, and will consider lessons learnt from previous deaths in custody, including the requirement to ensure that the ACCT assessment is completed within 24 hours, the need to make appropriate mental health referrals, and the fact that ACCT case reviews must be multidisciplinary and attended by all those involved in the provision of care for the individual concerned. A plan is being developed to deliver refresher training for ACCT case managers and assessors already in post, and to increase the number of staff trained in these roles. In addition, more staff are being recruited, and 12 new Prison Officers are expected to complete the Prison Officer Entry Level Training (POELT) course that includes training on suicide and self-harm awareness and the ACCT process and start work at Winchester by March 2017. The Governor has recently introduced additional management assurance checks to ensure that staff are completing ACCT documents correctly and to the required standard, and that the appropriate level of care is given any person who requires to additional support provided during the ACCT process. These assurance checks are completed by Orderly Officers, Duty Governors and the Safer Custody Team. The results are collated and will be discussed at the monthly Safer Custody meeting where trends will be identified and appropriate actions taken. In addition quality assurance checks will consider the role of ACCT Case Managers to confirm compliance, and identify any development needs. ACCT Caremap actions are checked by the Safer Custody Supervising Officer and Custodial Manager who ensure that appropriate actions have been identified and taken forward. In addition to the multidisciplinary ACCT case reviews, Winchester now holds a weekly multi-disciplinary ACCT meeting, attended by the Head (or Deputy Head) Of Safer Prisons, the Community Mental Health Team (CMHT) and the Offender Management Unit, where every prisoner who is subject to an ACCT is discussed, to ensure that important information and concerns are communicated to all relevant departments. In your report you also suggested that the local Prison Listener Scheme Protocol include an additional exception to the confidentiality rules to allow Listeners (prisoners who are trained by the Samaritans to offer confidential and emotional support to other prisoners), to advise staff when a prisoner confirms that they have active plans to self-harm or threatens self-harm in the future. As the Samaritans have set out in their separate response to your report, the principle of total confidentiality is central to their work, and applies equally to the work of Listeners. This is reflected in the national partnership agreement between NOMS and the Samaritans that governs the operation of the Listener scheme, and the NOMS safer custody policy set out in PSI 64/2011. In the light of this it is not appropriate for Winchester to adopt a different policy on this point. Without the assurance of confidentiality, prisoners may not feel able to approach Listeners and talk freely in an atmosphere of total trust. Any change to this approach may lead to a reduction in the number of prisoners accepting this vital source of support and sharing their concerns. Where a Listener believes that a prisoner is seriously at risk of suicide, the Listener actively encourages the prisoner to seek further help, and if they do not wish or are unable to do so on their own, the Listener is trained to attempt to gain the prisoner’s permission to alert staff to the need for help. You also raised your concern that NOMIS, the prison case management system, is not used consistently to record details of ACCTs being opened and the reasons for doing so, and you suggested that the ACCT post closure process be reviewed. PSI 64/2011 requires staff to ensure that “The closure must be recorded within the case notes section of NOMIS giving a brief summary of the relevant issues” (italics indicate a mandatory requirement). The Governor at Winchester has introduced a process whereby Wing Supervising Officers are informed each day of any ACCT post closure reviews which are due to be held, and provided with copies of the relevant ACCT plans. When the post closure interview has taken place, the ACCT is updated and returned to the Safer Prisons team to be filed within in the prisoner's core record. All Case Managers have been reminded of the importance of ensuring that the NOMIS case notes are updated following an ACCT case review, and are using the ACCT alerts on NOMIS to record the dates of an ACCT being opened and closed. The post closure process is now embedded and Winchester has seen significant improvements with regards to the completion of post closure ACCT reviews. The management assurance checks described above include sample checks of NOMIS following ACCT case reviews, and post closures reviews, and the prison is confident that there have been improvements in this area. | hope this letter reassures you that the Governor of Winchester is taking steps to address your first and third concerns, and that, together with the separate response from the Samaritans, it explains why we will not be taking action in response to your second concern. Yours sincerely / ae? | ae Lee
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