Prevention of Future Deaths reports · 2018

Abdul-Jamal Ottun

Regulation 28 report to prevent future deaths, reference 2018-0020, written 18 Jan 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report18 Jan 2018
Reference2018-0020
DeceasedAbdul-Jamal Ottun
CoronerAndrew Harris
Coroner areaLondon Inner (South)
CategoryOther 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.

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

1, The Rt. Hon Damian Hinds, Secretary of State for Education,
145-157 St. John St, London EC1V 4PY

CORONER

Iam Andrew Harris, Senior Coroner, London Inner South
jurisdiction

CORONER’S LEGAL POWERS

I make this report under paragraph 7, Schedule 5, Coroners and
Justice Act 2009 and regulations 28 and 29 of the Coroners
(Investigations) Regulations 2013.

INQUEST

On 15th December 2016, I opened an inquest into the death of
Master Abdul-Jamal Ottun, who died on 12.07.15 (01962-15) (JW) in
British Columbia, Canada.

The delay in holding the inquest was due to difficulties in securing
disclosure from the police investigation, which necessitated an
application in a higher court in Canada.

It was concluded on 15th December 2017.
The medical cause of death was 1a Drowning
The Conclusion of the Coroner was Accident.

CIRCUMSTANCES OF THE DEATH

The circumstances of death were recorded as follows:

Master Jamal Ottun was a 17 year old school student who arrived on a
school rugby tour in British Columbia, Canada, on 11th July 2015.
On the 12th July, he was in a group of students who went swimming
in Shawnigan Lake. His absence was noted a short time after he
entered the water and searching began almost immediately. They were
hampered by poor visibility underwater. He was found by emergency
services about 15 minutes after going missing. Advanced life support
was stopped after 40 minutes at about 17:35 hours. Autopsy
confirmed he had drowned. This was due to his not being a strong
swimmer and being unacclimatised to the cold water (about 16 ° at the
surface) which risks were not known to the trip leader. He either had
cold water shock or cramp, or both, which rendered him immobile.
He did not struggle and his plight was not spotted by his teachers or
peers in the water, nor by a volunteer supervisor who was taking
photographs from the jetty. Entering the water from the jetty rather
than a tarmac beach also contributed to his death.

CORONER’S CONCERNS

During the course of the inquest, the evidence revealed a matter giving
rise to concern that in my opinion means that there is still a risk that
future deaths will occur unless action is taken. In the circumstances it
is my statutory duty to report to you.

The MATTER OF CONCERN is as follows. -

Evidence was heard from an exper who has worked

in water accident prevention for many years and is currently
educational advisor for 36 schools. He reported that 50 children
drown in the UK annually and the rate is particularly high in the
teenage years, because of ignorance of dangers and bravado and peer
pressure.

He was critical of the adequacy of the risk assessment conducted in
planning the trip and at the scene. There was no consideration of the
need for a lifeguard and inadequate supervision, which prevented
proper consideration of the safest site of entry to water, of the risks of
unacclimatised swimmers entering cold open natural waters, the
necessary equipment, and the way to conduct the rescue.

He said that in this country schools do not teach children to swim to a

sufficiently high standard to be safe. Children are often expected to
swim 25m ina heated pool, which gives no skills to save oneself in
deep cold open waters, This compares with New Zealand, where 400m
is the target used in education. Swimming is not in British schools’
curricula: there is no requirement for any swimming at secondary
school and access to pools is limited.

He said that child deaths will continue to occur unless there is a
fundamental change in the curriculum and in the pre-assessment of
swimming ability before school trips and occasions when swimming
outdoors. In this case, parents indicated on a form the swimming
ability of their children in one of three boxes (strong/ moderate/
weak) This he said was wholly inadequate, as they often have no
accurate idea of the adequacy of their children’s swimming.

Wellington County Grammar have taken a wide range of steps to
reduce risk in the future. However the Headteacher said he was
reluctant to introduce formal pre-trip assessment of swimming ability
without central guidance.

The expert gave specific recommendations of actions that should be
taken to reduce deaths.

ACTION SHOULD BE TAKEN

I send this report to the Secretary of State for Education (whom the
expert stressed was the appropriate body, rather than the Secretary of
sate for Sport), to draw your attention to this reported risk, as I believe
that the minister is in a position to take action.

The expert recommends that the minister considers these actions
which he believes will reduce deaths:

1. To review the curriculum and introduce appropriate swimming
instruction, with an ambitious target of competence.

2. To include in DoE guidance to schools the risks of inexperienced ot
weaker swimmers swimming in open and cold waters and the need for
young people to know their swimming ability

3. To promote the adoption by schools as routine, prior to school trips
and water events (including rowing), a proper test of swimming ability
of each participant and using that in the risk assessments of the
activity.

E
|

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the
date of this report, namely by 15" March 2018. I, 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.

If you require any further information or assistance about the case,

please contact the case officer,

COPIES and PUBLICATION

I have sent a copy of my report to the following Interested Persons:

[__‘ ay (uncle) for the family

PEE The headmaster of Wallington County
Grammar School Hesebererer

HE he headmaster of Shawnigan Lake School

Iam also sending this report to the following, who may have an
interest:

Ms Karen Bradley, The Secretary of State for Media Culture and Sport
HE Principal Consultant, The Royal Society For The
Prevention Of Accidents (ROSPA)

Water Safety Consultant

Iam 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 E
[ ] lye 1-8 [SIGN ‘pp —

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 Education (PDF)
SR D R34
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Map,

x
MENT pon eve

Rt Hon Damian Hinds MP
Secretary of State

Sanctuary Buildings Great Smith Street Westminster London SW1P 3BT
tel: 0370 000 2288 www.education.gov.uk/help/contactus

Andrew Harris

Senior Coroner

London Inner South
Southwark Coroners Court
1 Tennis Street

London

SE1 1YD

Vi Me lees,

Thank you for your report following the conclusion of the inquest into the tragic
death of Abdul Jamal Ottun, in Canada, on 12 July 2015. This was received on
19 April 2018.

| was saddened to hear about this tragic case. You highlight some extremely
important issues in the report enclosed with your letter. | share the concerns
you have identified, and it is important that we take steps to help prevent

future tragedies of this kind occurring.

| have noted your recommendations, and | can confirm that my department is

making progress in the extremely important areas your report highlights.

The new physical education curriculum, developed with a range of sector
experts, was introduced in 2014. Swimming and water safety is compulsory in
the national curriculum at primary levels - key stages 1 and 2. The curriculum

sets out the expectation that all pupils should be taught to:

« swim competently, confidently and proficiently over a distance of at
least 25 metres
*® use a range of strokes effectively; and

e perform safe self-rescue in different water-based situations.

i]
7

Whilst there are no specific statutory requirements on secondary schools to
provide swimming lessons, the key stage 3 physical education curriculum sets
out that pupils should build on and embed the physical development and skills
learned in key stages 1 and 2, and become more competent, confident and
expert in their technique. Swimming lessons are one way of doing this and
swimming and platform diving are two of the permitted activities in the activity
list for GCSE and A-Level PE.

| can assure you that we are aware of the inherent risks of water-based
activities and that my department is committed to reducing the number of.
deaths by drowning. To this end, we tasked an independent group of experts
from across the swimming sector to submit an independent report setting out
recommendations for improving curriculum swimming as part of the Sporting
Future strategy. The group published their report in July 2017 and we
subsequently established an implementation group, and are currently
reviewing the recommendations in the report. In response to the report, We
have already provided schools with more flexibility to use their PE and School
Sport Premium funding to support Top-up swimming lessons, as well as

funding teacher training to support delivery of high quality swimming lessons.

We also fully support the National Water Safety Forum’s National Drowning
Prevention Strategy, which was launched in 2016. It aims to achieve a 50%
reduction in drownings by 2026 by encouraging people to stay safe whilst
enjoying themselves. The strategy includes a target for every child to have the
opportunity to learn to swim and receive water safety education at primary

schoo! and where required at Key Stage 3.

The risks associated with water activities undertaken during outdoor education
activities are a particular concern. Outdoor learning and educational visits do
of course play an important part in the development of our young people.
These activities often involve swimming and other water-based activities, and
it is important that schools and colleges undertake a thorough risk assessment

when planning such activities.

E

We are currently reviewing the guidance we provide to schools and colleges
undertaking educational visits. Our intention is to remind schools and colleges
" about the importance of careful planning when visits involve water based
activities, especially where these are undertaken abroad. As part of our
review, we have discussed with stakeholders how we can better signpost the
advice and support that is available to schools and colleges on this important

matter. We are due to publish revised guidance later in the year.

| do hope that the steps we are taking that | have set out here reassure you
that we are not complacent about the risks associated with swimming and
other water-based activities. As you can see, we are working with sector
professionals to ensure safety is improved, while children are still able to enjoy

exciting educational experiences that broaden their horizons.

Thank you for writing on this important matter.

Noo | Cw

Damian Hinds
Secretary of State for Education

Yours sincerely,

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