Prevention of Future Deaths reports · 2016

Liam Day

Regulation 28 report to prevent future deaths, reference 2016-0402, written 14 Dec 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report14 Dec 2016
Reference2016-0402
DeceasedLiam Day
CoronerRichard Middleton
Coroner areaDorset
CategoryOther 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.

Richard Thomas Middleton
Assistant Coroner for The County of Dorset

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:
1. British Mountaineering Council
2. Royal Yachting Association

CORONER

| am Richard Thomas Middleton, Assistant Coroner for The County of Dorset

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
Liam Day
Inquest opened on 5/7/16
Inquest heard at Bournemouth on 21/11/16

4 | CIRCUMSTANCES OF THE DEATH
Liam was a medical student at Southampton University where he was also a member of the
University Moutaineering Club. He left his home address on 15/6/16 to go climbing and failed to
return. An extensive search was undertaken along the Dorset coastline following the discovery
of a car linked to him and the presence of a climbing rope at Collis Point. The deceased's kit
bag was found in this area. The deceased's body was recovered from the water on 28/6/16.
The pathologist gave a cause of death as 1a) Hypothermia _b) Falling into the sea.

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. —

Liam Day was an experienced climber. He appears to have become interested in a relatively
new climbing phenomenon of Deep Water Soloing (DWS). There are inherent risks of falling
when climbing and it appears that the view held by those pursuing DWS is that by climbing over
deep water you will reduce the risks of seriously injuring yourself should you fall. This is true of
the deceased as there was no trauma found to his body on examination. | found the following
preliminary issues contributed to his death:-

He was climbing with no safety line

He was not wearing a lifejacket or buoyancy aid

He was not wearing clothing that offered no warmth in the water

He was not on his own

He had no means of requesting help such as a whistle, a waterproof phone or
waterproof marine VHF radio

He had left no specific instructions as to where he was intending to climb and what time
he would be home

A PONS

2

The main issue | wish to highlight are the dangerously low temperatures in coastal waters to
those enjoying sports/pastimes/hobbies and who are unaware of the same. This is the reason |
am including the RYA in this report.

The Coroner's Court, Town Hall, Bourne Avenue, Bournemouth, Dorset, BH2 6DY
Tel 01202 310049 | Fax 01202 780423

During the course of the inquest evidence was given that the sea temperature on 15/6/16 was
around 12-13 degrees Celsius. The deeper one descends into water the colder one gets. The
surface of the water is cooled by sea breeze. This temperature is in stark contrast to the air
temperature found above the water and to the core body temperature of someone carrying out
physical activity above the deep water. The consequence of someone falling into deep water
who is unprepared for such an eventuality is panic, shortness of breath. Individuals can
experience Cold Water Shock Syndrome. The pathologist in this case explained how in a
relatively short period of time (taking into account the presence of all factors detailed above) he
died as a result of hypothermia. It is the speed with which one can succumb to such a condition
that | wish to highlight.

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.

| would wish for this case to be circulated to your members to remind those who are already
aware of the risks and to inform those ignorant of the same.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report, namely by
27/1/17. |, 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 Person
British Mountaineering Council, Royal Yachting Association. | have also sent it x.
ho may find it useful or of interest.

| 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 14 December 2016

j Richard T Middleton
Assistant Coroner for The\County of Dorset

The Coroner's Court, Town Hall, Bourne Avenue, Bournemouth, Dorset, BH2 6DY
Tel 01202 310049 | Fax 01202 780423

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 Bmc (PDF)
Mr RT Middleton

Assistant Coroner

The Coroner’s Office for the County of Dorset
Town Hall

Bournemouth

BH2 6DY

19 January 2017
Dear Sir

RE: Liam James Day, RTM/02336-2016/U

“BMC

British Mountaineering Council
177-179 Burton Road, Manchester M20 2BB

t 0161 445 6111 f 0161 445 4500
e office@thebme.co.uk w www.thebmc.co.uk

Thank you for your letter dated 14 December in relation to the Regulation 28 Report concerning the

death of Liam Day.

The BMCis the representative body for climbers, hill walkers and mountaineers. A small number of
climbers engage in deep water soloing and there is good practice advice about the activity on our

website and in climbing guidebooks.

The BMC notes all matters of concern within the report relating to Liam, namely that he:

was climbing with no safety line

was not [sic] on his own

Aa PwWNR

be home

Our thoughts on the above are outlined below.

was not wearing a lifejacket or buoyancy aid
was not [sic] wearing clothing that offered no warmth in the water

had no means of requesting help such as a whistle, a waterproof phone or marine VHF radio
had left no specific instructions as to where he was intending to climb and what time he would

1. There is a very long history of roped climbing on Britain’s sea cliffs. Conversely, and by its very nature,
deep water soloing is climbing without a rope, with the water being used to absorb the impact of a fall
should one be taken. As noted in the report, no trauma was found to Liam’s body.

(It is important to note that deep water soloing, where the idea is to complete a climb and so not to fall
in the water, is a completely different activity to tombstoning, which involves intentionally jumping into
the sea, often from piers and other artificial structures. Tombstoning is not an activity that the BMC

represents).

2. Wearing a lifejacket or buoyancy aid whilst climbing would not be practical, and due to its size and
weight would likely increase the probability of the climber falling. A buoyancy aid could also present the
added risk of neck trauma, as the climber would decelerate faster than if they were not wearing a

buoyancy aid.

working for climbers, hill walkers & mountaineers

Patrons: Sir Chris Bonington CBE, Lord Chorley, Mick Fowler, Lord Greaves, Pat Littlejohn OBE and Doug Scott CBE.
Registered in England and Wales a Company Limited by Guarantee N° 2874177.

3. The Regulation 28 Report notes the ‘dangerously low temperatures in coastal waters’ that climbers
and others enjoying coastal activities may not be aware of. The BMC shares this concern and will make
climbers aware of this serious risk in our guidance, including the phenomenon known as Cold Water
Shock. The BMC will also raise this with guidebook writers.

4. ABMC article from 2014 notes one golden rule for deep water soloing, to never go alone. In our
updated advice we will ensure that this vital message is brought to the fore.

5. In guidance on our website, the BMC can note the importance for climbers to consider how they may
summon assistance when deep water soloing. However, as the golden rule is never to go alone, other
members of a climbing party should be in the vicinity to assist another climber.

6. The BMC’s reading of the report suggests to us that Liam telling others of his plans would
unfortunately not have saved his life. Whilst not noted in the report, had Liam left a note of his plans his
friends and family may have been spared some distress when he did not return, and the rescue services
may have been able to focus their search more effectively.

The BMC will also highlight this issue in our guidance, suggesting that climbers consider telling others of
their plans and their expected return time.

This very sad incident has led us to review the guidance we provide, and we will be acting upon the
report as noted above.

Yours faithfully

BMC Deputy CEO
Response from Rya (PDF)
RVA

RYA House

Ensign Way, Hamble
Southampton SO31 4YA
United Kingdom

Mr RT Middleton Tel +44 (0) 23 8060 4100
Assistant Coroner Fax +44 (0) 23 8060 4299
The Coroner’s Office for the County of Dorset www.rya.org.uk

Town Hall

Bournemouth

BH2 6DY P|
17 January 2017

Dear Sir

Liam James DAY — Deceased

Thank you for your letter dated 14!" December 2016 enclosing a copy of the Regulation
28 Report in relation to the above.

As you know, the RYA is the national body for all forms of recreational and competitive
boating under sail or power. It represents dinghy and yacht racing, motor and sail
cruising, RIBs and sportsboats, powerboat racing, windsurfing, inland cruising and
personal watercraft.

We note with interest the matters of concern identified in the Regulation 28 Report. In
particular, the Report notes that the deceased was:-

e “not wearing a lifejacket or buoyancy aid;

e “not wearing clothing that offered no [sic] warmth in the water’; and

e “not [sic] on his own”.

Although the RYA has no remit for mountaineering it seems to us that a lifejacket or
buoyancy aid and the sort of clothing that offers warmth in water would present a
significant hazard to the wearer while climbing, particularly “Deep Water Soloing’, and
in fact increase the likelihood of the wearer falling.

Within the sports that the RYA represents, the value of wearing a lifejacket or buoyancy
aid and appropriate clothing is reasonably widely recognised. Nevertheless, the RYA
has recently refreshed the safety information pages on _ its website
(www.rya.org.uk/go/safety) and cold water shock appears prominently on the first page
(under “look after yourself’). The RYA will be highlighting this safety information to its
members through various electronic communications in the early part of this year, as
well as in the RYA’s annual Safety Advisory Notice.

Yours faithfully,
Director of External Affairs

Patron Her Majesty The Queen President HRH The Princess Royal KG, KT, GCVO, QSO Chief Executive Sarah Treseder

Royal Yachting Association is a company limited by guarantee and registered in England. Number 878357

Related reports

Other reports by Richard Middleton

See all →

More reports categorised “Other related deaths”

See all →

Track Richard Middleton

See every Prevention of Future Deaths report matching Richard Middleton, and how often a new one appears.

What would an alert for this have sent me? Search the full text

Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.

These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.