Prevention of Future Deaths reports · 2019

Tarek Chowdhury

Regulation 28 report to prevent future deaths, reference 2019-0131, written 2 Apr 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report2 Apr 2019
Reference2019-0131
DeceasedTarek Chowdhury
CoronerRichard Furniss
Coroner areaWest London
CategoryHospital Death (Clinical Procedures and medical management) related deaths · State Custody related deaths
Organisation namedCentral and North West London NHS Foundation Trust
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. L The Secretary of State for the Home Depertnent

3. ee circa Director, TPP, TPP House, 129 Low Lane, Horsforth,
Leeds LS18 5PX

4. Mr Simon Stevens, Chief Executive Officer of NHS England, care of NHS
England Legal Team, 4W08 4" Floor, Quarry House, Leeds LS2 7UE

1 | CORONER

| am Richard Furniss, assistant coroner for the coroner area of West 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.

3 | INVESTIGATION and INQUEST

An investigation was commenced into the death of Tarek Mahmood CHOWDHURY, born
13 May 1952, who died on 1 December 2016. The investigation concluded at the end of
the inquest before a jury on 25 March 2019. The conclusion of the inquest was that the
Deceased, while being detained at Heathrow Immigration Removal Centre (IRC), was
unlawfully killed by another detainee. As part of its conclusion, the jury expressed
concerns about the sharing of information between prisons and IRCs , and about the
operation of the SystmOne healthcare technology which is used in prisons and IRCs.

4 | CIRCUMSTANCES OF THE DEATH

On 1 December 2016, while detained in Heathrow IRC, the Deceased was beaten to
death by another detainee. The assailant was subsequently convicted of manslaughter
by reason of diminished responsibility resulting from a drug-induced psychosis.

The focus of the inquest was on the assailant, who had a long history of criminality,
including offences of violence, and of mental health problems.

After serving a sentence of imprisonment, the assailant was kept in HMP Wormwood
Scrubs pending removal from the UK. However, as a result of a shortage of prison beds
for Foreign National Offenders awaiting deportation, he was transferred first The Verne
IRC (as it then was) and from there to Heathrow IRC.

First, the jury found (and witnesses from the Home Office admitted) that the assailant
should never have been transferred to an IRC. Obviously, had he remained in prison, he
would not have been at Heathrow IRC and the Deceased would not have been killed.
The assailant was selected for transfer to The Verne IRC by the Home Office’s DEPMU,
because DEPMU lacked information about him from Mercury Intelligence, NOMIS,

OASYS, etc, which was not provided to it by HM Prison & Probation Service (HMPPS) -
in particular, the fact that he had attacked another prisoner with a table leg the very day
before he was selected for transfer from prison to an IRC.

lt became clear, moreover, that there is a general lack of information sharing between
prisons and IRCs when a prisoner is transferred to an IRC. This hinders the ability of IRC
staff to manage former prisoners. Prison staff are reluctant to share Mercury intelligence
with IRCs.

The inquest heard that the Mercury system is likely to be rolled out to IRCs in the near
future, However, other sources of information (such as NOMIS reports and OASYS) will
still not be available.

Secondly, whenever an individual first arrives at an IRC, it is compulsory for a nurse to
provide a clinical screening in relation to both physical and mental health. Where the new
detainee has previously been in custody, this should be facilitated by reference to
previous SystmOne records.

It became clear, however, that where a new detainee has come from a prison, nurses in
IRCs are not able immediately to access previous SystmOne records; they say they
cannot do so until a process of “merger” occurs overnight. In this case, it meant that the
nurse who screened the assailant when he arrived at Heathrow IRC was unaware of his
mental health history (and the assailant lied about it).

We heard evidence that a nurse can indeed gain immediate access by inputting the new
detainee’s prison number (available from the Person Escort Report). However, if it were
as simple as that, any nurse in an IRC could access the records of any prisoner at any
time (ie, whether or not that prisoner was coming to an IRC), as long as s/he had the
prison number. Plainly, this is not the case. There must, therefore, be a moment at which
the IRC nurse is authorised to look at a prisoner's records by using his prison number.
However, we were unable to establish the mechanism for that, and the suspicion is that it
does not occur prior to the new detainee’s arrival from prison - and that is why the nurses
at Heathrow IRC are saying that they do not have access during the initial screening
process.

There may also be a training issue here.

CORONER’S CONCERNS

As set out above, 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) That there is a failure to share information about prisoners who are to become
detainees, between HMPPS and the Home Office’s DEPMU, and between HMPPS and
staff in IRCs. The rolling out of Mercury intelligence to DEPMU/IRCs will not solve this
problem if other information (in particular NOMIS and OASYS) is still not available to
DEPMU/IRCs. This concern is addressed both to the Ministry of Justice (HMPPS) and to
the Home Office (DEPMU/IRCs).

(2) That SystmOne is not operating adequately when new detainees arrive at IRCs.
There are concerns both about the technology itself of SystmOne; about the process of
authorising a nurse in an IRC to see records of a former prisoner; and about whether
trainers are able adequately to train nurses in respect of these issues. These concerns
are addressed to NHS England, which is understood to commission and supply
SystmOne; and to TPP, which is the technology company which is understood to have
developed SystmOne.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you and/or
your organisations 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 Tuesday 28 May 2019. |, 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:

(1) The family of the Deceased
(2) Mitie Care and Custody Ltd, which operates Heathrow IRC

(3) Central and North West London NHS Foundation Trust, which provides healthcare at
Heathrow IRC.

| 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.

2 April 2019

Richard Furniss, Assistant Coroner

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