Prevention of Future Deaths reports · 2017

Brian Betterton

Regulation 28 report to prevent future deaths, reference 2017-0224, written 11 Sep 2017. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report11 Sep 2017
Reference2017-0224
DeceasedBrian Betterton
CoronerIan Pears
Coroner areaBedfordshire and Luton
CategoryProduct 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.

for Bedfordshire and Luton

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

The Secretary of State for the Department for
Business, Energy & Industrial Strategy

1 Victoria Street

London

SW1H OET

CORONER

| am IAN PEARS, Acting Senior Coroner, for the Coroner Area of Bedfordshire &
Luton

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 24 February 2017 | commenced an Investigation into the death of BRIAN
DAVID BETTERTON aged 79 years. The Investigation concluded at the end of
the inquest on 24" August 2017. The conclusion of the Inquest was
ACCIDENTAL DEATH. The medical cause of death was:
| (a) Carbon Monoxide Poisoning
1 (b)
1 (c)
| | Atherosclerosis
|4 | CIRCUMSTANCES OF THE DEATH

At an unknown date an unknown person fitted a new fuse box to the property

Subsequently a Product Recall Notice was issued for Electrium Miniature
Circuit Breakers due to a potential risk of burning.

| On the morning of the 20" February 2017 the Electrium Miniature Circuit

Senior Coroner, The Court House, Woburn Street, AMPTHILL, Bedfordshire, MK45 2HX
Tel 0300-300-6559 {| Fax 0300-300-8267

Breaker at the deceased’s home began to short and a small smouldering fire
occurred resulting in carbon monoxide being released. The Deceased died in
his bedroom from carbon monoxide exposure. His body was discovered several
hours later when a passer-by noticed it was very dark in the deceased's kitchen;
in fact this was soot coating the glass. The fire had extinguished itself causing
relatively little damage.

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 Product Recall relates to a product supplied between April 2009 and
February 2010

2. The Product Recall did not come to the attention of the deceased.

3. In the majority of cases the end user of the product will not have
purchased or fitted the product.

4. The Product Recall therefore is dependent upon identifying the person
who actually purchased the product.

5. The purchaser is likely to be a professional electrician, yet is not required
to keep a register of such items that he/she purchased and fitted nor is
he/she required to inform the supplier/manufacturer of the details of the
end user.

6. As a consequence it seems that the Product Recall was always likely to
be ineffective. (It would be interesting to know how many products the
manufacturer thought were affected and how many responses they had to
the Product Recail Notice).

7. Itseems to me that these concerns are not unique to fuse boxes, but that
there are many potentially lethal products which are fitted into domestic
properties which are purchased by a third party rather than the occupier.

ACTION SHOULD BE TAKEN

| In my opinion action should be taken to prevent future deaths and | believe the
Department for Business, Energy & Industrial Strategy has 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 October 2017. |, the coroner, may extend the period.

Senior Coroner, The Court House, Woburn Street, AMPTHILL, Bedfordshire, MK45 2HX
Tel 0300-300-6559 | Fax 0300-300-8267

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.

a

COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following
interested Persons] daughter of the deceased). I have also sent it
to Bedfordshire Fire and Rescue Service who may find it useful or of interest.

lam 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 11th September 2017

IAN PEARS
Acting Senior Coroner
for the Coroner Area of Bedfordshire & Luton

Senior Coroner, The Court House, Woburn Street, AMPTHILL, Bedfordshire, MK45 2HX
Tel 0300-300-6559 {| Fax 0300-300-8267

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 Department for Business Energy Industrial Strategy (PDF)
@
Department for
Business,  Energy
& lndustrial  Strategy

Mr lain Pears
Acting Senior Coroner for Bedfordshire  and Luton
HM Coroner's Office
The Court House
Woburn Street
Ampthill
MK45  2HX

*t* 

(\^^. ?a-øu.Å,

Margot James  MP

Department for Business, Energy  &
lndustr¡al Strategy
1 Victoria Street
London
SWlH  OET

1  +44  (0) 20 7215  5000
E  enquiries@beis.oov.uk
W www.qov.uk

Our ref: BB17
Your ref:  42387-2017

XD November 2017

Thank you for your  Regulation  28 Report to Prevent  Future  Deaths dated 11 September  2017
following your investigatíon  and inquest  into the death  of Brian  David  Betterton,  due  to
accidental death  caused by Carbon Monoxide  Poisoning.  I am responding  as the Minister
responsible  for the safety  of consumer products.

May  I first say how sorry  I was to hear of this tragic accident. lf you have the opportunity  would
you please convey  my deepest sympathies  to Mr. Betterton's  family.

I recognise  that the public needs to be reassured  that the system for consumer product safety
is working  and that where  unsafe  electrical  goods  are identified they  are dealt  with swiftly and
effectively.  Product  safety is a priority of this Government  and we already have  comprehensive
legislative regulation  to ensure products  are safe before being placed  on the market.  ln
addition, in October  20161  set up the Working  Group  on Product  Recalls  and Safety to bring
together  product  safety  experts,  the fire service  and trading  standards  professionals  to identify
where improvements could be made to the system  of product  recalls  and safety.

The Working  Group  published its recommendation  on how  to improve  recalls  and reduce fires
in white goods on 19 July. The Government  will be responding  shortly  but we have already
taken action to implement many of the Working Group's recommendations.  We have
supported the development  of a new BSI (the British  Standards lnstitution) code  of practice  on
corrective action  and recalls  which  was recently the subject of public consultation.  We have
also commissioned research  to understand  how to increase the impact  and effectiveness  of
product safety messages,  so that more consumers respond to recalls.

The Government's  recalls  website at www  nroci uctrecall.camoaion.oov uk has been further
upgraded so that consumers can quickly  check for the latest  recalls and register  their
appliances to allow them to be contacted  directly  about  any future recalls  of their products

These changes, while aimed at consumers,  will also make  it easier for tradespeople  to check
for any safety recalls of products  they  are installing. I have fed the important  points that you
raise  into the development of the BSI code of practice  and I have also asked my officials  to
share your concerns  with colleagues in the Department  for Communities  and Local

 Government  who are responsible  for Buildings  Regulations.  As you will be aware  a review of
Building  Regulations  has been announced  and is being  undertaken  by 

.

I hope this helps to assure  you that we are more determined  to than ever to ensure  that
consumers  can have confidence in the safety of the electrical products  in their home.

J.*ø +,.^ftd4

MARGOT  JAMES  MP
Minister for Small Business,  Consumers  & Corporate Responsibility

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