Prevention of Future Deaths reports · 2019

Kevin Miles

Regulation 28 report to prevent future deaths, reference 2019-0058, written 20 Feb 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report20 Feb 2019
Reference2019-0058
DeceasedKevin Miles
CoronerDianne Hockling
Coroner areaLeicester City and South Leicestershire
CategoryOther related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (2)

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

1.  Judith Tetlow, Chief Inspector of Diving. Health and Safety Executive

1

CORONER

am Mrs Dianne Hocking, Assistant Coroner, for the coroner area of Leicester City and

South Leicestershire

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

On 09 November 2018 I  commenced an investigation into the death of Kevin Robert
Miles aged 70 years. The investigation has not yet concluded and the inquest has
not yet been heard.

4

CIRCUMSTANCES OF THE DEATH

Mr  Miles was undertaking a `re-breather' course with an instructor and was diving at
Stoney Cove, Stoney Stanton in  Leicestershire on the 25`h September 2018 when his
instructor noticed that something was wrong with Mr Miles.  They made an emergency
ascent to the surface and attracted the attention of centre staff who immediately pulled
Mr  Miles out of the water and called  the emergency services.  Unfortunately, after
resuscitation attempts failed, Mr Miles was declared deceased at the scene.  Mr Miles
was an experienced diver and had been diving since about 1992.

Mr  Miles  had  previously  been  investigated  by 
 (Consultant
Cardiologist) for symptoms of immersion  pulmonary oedema due to a dive in  2015
having  been  cut  short  when  Mr Miles  experienced  breathing  difficulties  and  the
conclusion was that 
 told  Mr Miles (confirmed in a letter to Mr Miles' GP
dated 27/12/2017) that he should not dive again, not only for the sake of his safety but
also for the sake of the safety of any rescuer.

The cause of death of Mr Miles has been returned by 
Office Registered Forensic Pathologist) as:-

 (Home

1a) Unascertained

5

CORONER'S CONCERNS

During the course of the investigation my inquiries revealed matters giving rise to
concern. In my opinion there is a risk that future deaths will occur unless action is taken.
I n the circumstances it is my statutory duty to report to you.

The MATTERS OF CONCERN are as follows. —

An Occupational Health Physician, who is also a UK Sport Diving Medical Referee and
an HSE Approved Medical Examiner of Divers certified  Mr Miles as fit to dive for two
years on the 30 January 2018 based on the information given to her by Mr Miles himself
in the medical questionnaire and on her physical examination of him. There is currently
no re  uirement to obtain the diver's General Practitioner records which are often a 'hub'

 of various information  regarding treatment by both  hospital and/or private clinic) or
otherwise  personally  enquire  into  treatment or advice given  by any other  medical
practitioner.  In my opinion this system is open for misreporting of health problems or, in
fact, failing to report them at all.  If there had been a requirement to obtain Mr Miles GP
records it would have been quite clear that he had been advised that he should not dive
again and presumably the certificate would not have been granted.

M y concerns are that not only may divers be risking their own lives by not disclosing
salient health facts (that is at their own risk) but that they are also putting the lives of
potential rescuers/dive buddies at risk as well.

6

ACTION SHOULD BE TAKEN

In my opinion urgent action should be taken to prevent future deaths and I  believe you
and your organisation have the power to take such action.

7

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 17 April 2019. 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.

8

COPIES and PUBLICATION

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

1.
2. 
3.

—partner of the deceased

—daughter of the deceased

 of Clyde & Co —representatives of

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.

9 [DATE] 

/ 

[SIGNED BY CORONER]

`/

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 Ukdmc (PDF)
Lanthwaite 

Crosscanonby 

iVlaryport 

10July 2019 

Dear Sir, 

am replying to your Regulation 28 request in my capacity as secretary to the 
UK Diving Medical Committee.We are a voluntary group of experienced 
doctors who specialise in diving medicine.We meet regularly and advise the 
sport diving training organisations on medical matters.We also help with 
medical education to do with diving medicine.We are also consulted by the 
Health and safety executive on diving matters.We have no office or staff hence 
this reply isfrom my home address. 

As a committee,we have had a lengthy discussion about the points raised by 

.We were all agreed that in an ideal scenario all divers or potential 

divers should bring copies of a full and none adjusted medical record to all 
consultations.However wealready have a situation where our hard pressed 
general Practitioner collegues are refusing to sign or even fill in any forms 
which are none NHS work. 

At present,any diving referee[doctor with extra training in diving 
medicine who is approached by a diver who declares a problem on the current 
self certification form,can ask them to provide further medical information 
prior to seeing them.The self certification process was brought in for sport 
divers in 1999 after a review ofthe previous system of regular medical 
examinations wasshown to have a very low pick up of problems.The form is 
reviewed and altered if necessary every 2~3 years. 

The system requires complete honesty on behalf ofthe diver and the onus is 
on the diver to provide any corroborative medical information that is asked 
for.lf the referee is uncertain with what is presented,we have an online forum 
wherewith the divers consent,we can get help from cotlegues fairly quickly to 
allow us to proceed in our assessment. 

Currently the Civil Aviation Authority accepts the applicants declaration about 
eye tests and vision and the DVLA accepts the applicants word regarding 

 
 epileptic convulsions and regaining a driving license without resorting to gp 
notes. 

We feel as a committee,that at the present time,vve see no reason to change 
the current system. 

fours Faithfully 

• 

Ffion secretary to UKDMC

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