Prevention of Future Deaths reports · 2017

Bernard Ovu

Regulation 28 report to prevent future deaths, reference 2017-0425, written 27 Nov 2017. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report27 Nov 2017
Reference2017-0425
DeceasedBernard Ovu
CoronerNadia Persaud
Coroner areaEast London
CategoryRailway related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

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:

1. [EEE - Managing Director of London Underground, Palestra, Floor 11
B4, 197 Blackfriars Road, London, SE1 8NJ

1 CORONER

| am Nadia Persaud, Senior Coroner for the Coroner area of East London

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.
http://www. legislation.gov.uk/uksi/2013/1629/part/7/made

3 | INVESTIGATION and INQUEST

On the 8" February 2017 | commenced an investigation into the death of Bernard
Aziengbe Ovu. The investigation concluded at the end of the Inquest on the 16"
November 2017. The conclusion of the jury was a narrative conclusion:

Understaffing at Canning Town Station led to processes not being able to function as
normal. Processes that were known in the event of an emergency door trigger were not
followed. Had this process been carried out, it is possible that Bernard may have been
located earlier.

The fall itself was due to Bernard’s physical state rather than environmental factors.

Once the fall had occurred, it is unlikely that Bernard’s death could have been
prevented.

4 | CIRCUMSTANCES OF THE DEATH

Bernard Ovu attended Canning Town Station at around 01:56 on the 22" January 2017.
Shortly after arrival at the station he went through an emergency exit barrier, followed by
an alarmed emergency exit gate. Mr Ovu entered a non-public area of the station. A
member of staff, lone working at Canning Town Station was asked to check the
emergency exit area. The member of staff attended and noted the emergency exit gate
had been opened. He closed the gate, thereby preventing re-entry from the non-public
area. The member of staff looked around the platform/track area. Mr Ovu spent around
50 minutes in the non-public area of the station. He had returned to the emergency exit
gate, but was now prevented from returning to the platform.

At 02:49 on the 22™ January 2017, Mr Ovu is seen falling forward down the emergency
exit stairs to the DLR platforms. He was found by staff at 08:44 on the 22 January 2017.
Life was pronounced extinct by the emergency services. The post-mortem confirmed a
cause of death of 1a: Head injury

5 | CORONER’S CONCERNS

During the course of the Inquest, matters were revealed giving rise to the concerns.
The MATTERS OF CONCERN are as follows:

It was clear from the evidence that the emergency exit gate into the non-public area had
been opened. It was clear from the evidence that the emergency exit gate to Silvertown
Way had not been opened. It would appear that there was an incorrect assumption by
the member of staff that the trespasser entering the gate may have come back through
it. There was no confirmatory check to ensure that this was the case.

The evidence at the Inquest Hearing established that there was no clear written
procedures to lone working staff on what action should be taken in the event of a likely
trespasser in the non-public area, beyond the emergency gates. Practice differed from
witness to witness as to what should be done in these circumstances. A clear written
procedure may assist staff in dealing with these circumstances in the future.

There was inconsistency amongst witnesses as to whether the recorded CCTV should
be accessed by staff. Indications were given that access to the recorded CCTV can be
practically difficult (the recorded CCTV being BTP equipment and not LU). Recourse to
the CCTV would have provided a confirmatory check in these circumstances. It would
be helpful for staff to be clear about the use of the recorded CCTV and for ease of
access to it.

The evidence during the course of the Inquest raised some concern in relation to
dissemination of policies and procedures to staff. If a written procedure is to be
prepared, | should be grateful for confirmation as to how this will be disseminated to
staff.

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 23 January 2018. |, 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 a ccs to the Chief Coroner and to the following interested
persons, (father of the deceased), | am also forwarding a copy of the
report to Mr Matthew Cole, Director of Public Health 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.

[DATE] 27.11.17 [SIGNED BY cononsny oh

2

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