Prevention of Future Deaths reports · 2017

Margaret Atkinson

Regulation 28 report to prevent future deaths, reference 2017-0021, written 30 Jan 2017. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report30 Jan 2017
Reference2017-0021
DeceasedMargaret Atkinson
CoronerAndrew Tweddle
Coroner areaCounty Durham and Darlington
CategoryState Custody 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.

4

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:

1. HM Prison Service, NOMS, Fourth Floor, 70 Petty France, London SW1H
9EX
2. GAS, Medical Services, Great Bardfield, Essex, CH7 4SL
3. Tees, Esk & Wear Valley NHS Foundation Trust, West Park Hospital,
Edward Pease Way, Darlington DL2 2TS
CORONER

lam Andrew Tweddle, Senior Coroner, for the Coroner area of County Durham and
Darlington

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.
(see attached sheet)

INVESTIGATION and INQUEST

On 8" February 2017, | commenced an investigation into the death of Margaret
Atkinson. The investigation concluded at the end of the inquest on 19'* January 2017.
| The jury concluded that it was not reasonable for staff not to have gone into her cell
earlier — i.e. that they should have gone into the cell earlier. The conclusion was
“Margaret killed herself but at the time she did so her intention is unclear.”

| CIRCUMSTANCES OF THE DEATH

The deceased had a long history of mental health illness. She received considerable
mental health services input during her periods of imprisonment at HMP Low Newton.
She was regularly seen with items, sometimes articles of clothing or curtains around her
neck with such items at times being described as “ligatures”. She was on an ACCT at
the time of her death. She was not on, and never had been on, a constant watch. Mental
health staff assessed her, including a Consultant Psychiatrist as low risk of suicide. She
was located in the Prison’s healthcare wing. On the night of 24" January 2016, two
senior prison officers and an experienced nurse saw her in her single cell with an article
of clothing around her neck. They talked with the deceased and asked her to remove the
item of clothing from around her neck but she declined to do so. None of the three
members of staff thought this to be a high-risk situation and none thought it appropriate
to enter the cell on an emergency basis. After staff had observed her in this position on
at least three occasions over quite an extended period of time, staff decided to enter the
cell to remove the article of clothing, but still not believing the situation to be serious.
They were talking to her as they entered the cell expecting her to respond. The clothing
around her neck was easily removed and at that time, staff became concerned and
found the deceased to be unresponsive. CPR was attempted. Paramedics found her in
a state of cardiac arrest but were able to restart the heart. She was taken to a local
hospital but did not regain consciousness and died on 02.02.2016. The jury found that it
was not reasonable for staff not to have entered earlier than they did, i.e. they should
have entered the cell earlier. The evidence indicated lack of clarity in the words used to
describe the articles around the deceased's neck at various times and this made the
assessment of risk more difficult. As a result, of the fact that this became common
behaviour perhaps was at least in part, a reason for the jury concluding that there was
an inappropriate assessment of risk, which led to a delay in staff entering her cell in the
night in question. Also, giving the deceased's behaviour over a period of time, there was
a miss-assessment of risk particularly bearing in mind that staff knew the deceased's
behaviour could be predictably unpredictable and that she could act impulsively without
a full appreciation of the risks and consequences of her actions

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 case revealed issues and difficulties about how situations were described and
the choice of appropriate language with the corresponding difficulties resulting therefrom
in assessing risk. Furthermore, as there was unusual behaviour over an extended
period of time there was an acceptance of such behaviour as being normal and would
not be considered as illustrative of increased risk unless there was a significant
departure from that already unusual (or bizarre behaviour as it was described in
evidence). HMP Low Newton have issued interim guidance to endeavour to address the
matter and G4S likewise. A copy of the G4S guidance is attached. This appears good. | |
believe it needs to be shared throughout the prisoner state generally and not just in the
North East cluster of prisons where G4S provides healthcare.

VK ————————————————O OO o||\>— a

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe your
organisation 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 28" March 2017. |, 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 |

Care Quality Commission

lam also under a duty to send the Chief Coroner a copy of your response.

The Chiet 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.

Andrew Tweddle, LLB.
H M Senior Coroner
County Durham and Darlington

Dated 30 January 2017

as —_—_!

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 Tees Esk and Wear Valley NHS Trust (PDF)
Tees, Esk and Wear Valleys

NHS Foundation Trust

West Park Hospital
Edward Pease Way
Darlington
DL2 2TS
Our Ref: | | - |
27 March 2017
Mr A Tweddle

H.M. Coroner, County Durham and Darlington
H.M. Coroners Office

PO Box 282

Bishop Auckland

County Durham

DLi4 4FY

Dear Mr Tweddle

Re: Margaret Atkinson, deceased
Reguiation 28 Report

As requested, please find detailed below our response to the recent Regulation 28 raised
in relation to Margaret Atkinson (HMP).

Matter of Concern raised by HM Coroner:

The case revealed issues and difficulties about how situations were described and the
choice of appropriate language with the corresponding difficulties responding therefrom in
assessing risk. Furthermore, as there was unusual behaviour over an extended period of
time there was an acceptance of such behaviour being normal and would not be
considered as illustrative of increased risk unless there was a significant departure from
that unusual (or bizarre behaviour as it was described in evidence). HMP Low Newton
have issued interim guidance to endeavour to address the matter and G4S likewise. A
copy of the G4S guidance is attached. This appears good. | believe this needs to be
shared throughout the prisoner state generally and not just in the northeast cluster of
prisons where G4S provides healthcare.

TEWV response:

Within the prison Mental Health services we have addressed the use of the term ‘ligature’
and staff are now describing what they observe more specifically. The requirement to do
this has been discussed with all staff via discussion at team meetings. The Trust will work
with partners to agree the guidance document which has been drafted. Following the

INVESTORS
IN PEOPLE

document being approved through agreed governance processes we will actively

promote this as partners within the NE prison cluster for which we are responsible

The Regulation 28 notice was also served to G4S and HMP nationally who will respond to
this accordingly.

| hope that the information contained here provides you with the necessary assurance
you require.

Yours sincerely,

(obi Made

Colin Martin
Chief Executive

€ INVESTORS
IN PEOPLE

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