Prevention of Future Deaths reports · 2019

Heather Birchall

Regulation 28 report to prevent future deaths, reference 2019-0223, written 28 Jun 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report28 Jun 2019
Reference2019-0223
DeceasedHeather Birchall
CoronerDavid Ridley
Coroner areaWiltshire and Swindon
CategoryAlcohol, drug and medication related deaths
Organisation namedAvon and Wiltshire Mental Health Partnership NHS 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.

DAVID W. G. RIDLEY
Senior Coroner for Wiltshire and Swindon

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

Jackie Doyle-Price MP

Parliamentary Under Secretary of State for Mental Health, Inequalities and Suicide
Prevention

Department of Health and Social Care

39 Victoria Street

Westminster

London

SW1H O0EU

CORONER

lam DAVID W. G. RIDLEY, Senior Coroner for Wiltshire and Swindon

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/ukpga/2009/25/schedule/S/paragraph/7
http://www. legislation.gov.uk/uksi/2013/1629/part/7/made

INVESTIGATION and INQUEST

On 26/06/2018 | commenced an investigation into the death of Heather Birchall, and an inquest
into her death was opened by Assistant Coroner Nicholas Rheinberg on 22 August 2018. On 21
June 2019 | concluded Heather’s inquest. | found that the medical cause of death was

ta) Alcohol, Citalopram, Codeine, Paracetamol and Propranolol Toxicity

2) Bronchopneumonia, alcchol dependence and depression

In box 3 of the Record of Inquest | recorded how, when and where Heather came by her death
as follows:-

“Heather was confirmed dead at 1838 on Sunday 22 June 2019 by an attending paramedic at a
location on waste ground to the south of The Recycling Centre, Churchfields Industrial Estate,
Salisbury, Wiltshire. Earlier that afternoon against a background of excess alcoho! consumption
Heather consumed excess amounts of Paracetamol (88mg/l blood), Codeine (1.6mg/I blood),
Propranolol (4.2mgj/I blood). The combination of the above more likely than not led to respiratory
depression and death. Heather also had a developing bronchopneumonia which more likely
than not contributed to the mechanism of her death. Heather was dependant on alcohol and also
more likely than not was suffering from depression both of which contributed to her actions.”

Having considered the evidence | felt that there was insufficient evidence to make a finding of
fact, on a balance of probabilities that Heather had intended to take her own life at the time, she
took the medication in conjunction with previous alcohol consumption and | therefore recorded
as a conclusion one of Drugs/Alcohol related.

Wiltshire & Swindon Coroner's Office, 26 Endless Street, Salisbury, Wiltshire, SP1 1DP
Tel 01722 438900 | Fax 01722 332223

CIRCUMSTANCES OF THE DEATH

Heather was a homeless lady having lost both her parents during her teens. A forensic
psychiatrist was of the view that she did have mental health problems although sadly for
Heather, whilst having mental capacity she appeared to be reluctant to engage with mental
health professionals.

As part of the investigation and although Heather actually died on the 22 June 2018, she had
come into contact with the Police on 17 and 18 June 2018 the latter of which she had been
arrested and taken to Melksham Police Station. Whilst at the police station she was subject to
an alcoho! withdrawal assessment which did include a mental health assessment undertaken by
a paramedic. A decision was taken later the same evening to release Heather back into the
community. There was no finding of any failure on part of either the Police or the healthcare
professionals insofar as the care afforded to Heather whilst a Melksham Police Station. The
investigation did however as part of the wider investigation give rise to some matters which are
of concern to me which | have addressed in the next section,

CORONER’S CONCERNS

At the final hearing | heard evidence from 0 was the paramedic involved in
the assessment of Heather on 18 June 2018. He had primarily been called to give evidence so
that | could understand a little more in terms of the process by which a detained person is
medically assessed whilst in police detention and also there was an issue in relation to the
recording of his findings which needed to be raised with

What arose during the questioning was a problem which may affect other healthcare
professionals in a similar situation and in respect of which may cause a problem that may lead to
a future death if not addressed. Wiltshire Police contract with G4S Health Services (UK) Ltd in
relation to the provision of healthcare services at their custody suites in Wiltshire and Swindon.
Principally due to the ever-increasing challenges that people with mental health issues present to
front line emergency services, Wiltshire Police operate an arrangement called “Street Triage”
whereby 24 hours a day there is a mental health professional available at the Force Control
Room with full access to mental health records. Working alongside the G4S healthcare
professionals, at least between the hours of 0800hrs-2000hrs, are personnel from the Liaison
and Diversion Service (LADS). Coincidentally the same healthcare trust is responsible for the
provision of both those services. As you will appreciate when somebody is in state detention,
the state is under an obligation having regard to Article 2 of the European Convention of Human
Rights to safeguard life in those circumstances. One of the concerns that arose relates to G4S
healthcare professionals and any other healthcare professional in this situation when asked to
carry out a front line assessment which could include mental health features, that those
individuals may not have the fullest amount of information that is available so that they can make
an informed decision as to whether or not for example further healthcare input is required, such
as for example a formal mental health at assessment. Whilst a problem insofar as getting a
complete picture did not seem to be quite such an issue when personnel from LADS were
available it would appear that out of those hours, if a G4S healthcare professional wanted to
make enquiries insofar as an individual's mental health background which potentially might be
within the knowledge of the relevant healthcare trust, that when an approach is made to the
Street Triage team out of hours that more often than not the issue of confidentiality was raised to
withhold information or | felt that equally there was a danger that selective information might only
be passed at best to the G4S healthcare operative. The concern that | was left with was that the
healthcare professionals from G4S and arguably at the end of the day Wiltshire Police whose
ultimate responsibility it is to safeguard life when an individual is in Police custody are effectively
trying to do a job, through their contract service providers (G4S), in circumstances whereby in
trying to discharge their duty having regard to Article 2 of European Convention of Human Rights
they were doing so effectively, as a consequence of patient confidentiality, with one arm tied
behind their back.

The reason | am writing to you is that | am aware that currently mental health legislation
generally is under review and to the extent that this issue insofar as confidentiality as between
healthcare professionals from different organisations including healthcare providing companies
has not already been raised, then | would like to air the concern via this report. It is my view in
relation to other hearings that confidentiality can equally pose a problem insofar as

Wiltshire & Swindon Coroner's Office, 26 Endless Street, Salisbury, Wiltshire, SP1 1DP
Tel 01722 438900 =| Fax 01722 332223

communications between healthcare practitioners on the mental health side and a patient's
family. Either of which may have relevant information that would have been of benefit to the
other and in respect of which could prevent the loss of life through self-harm and suicide. Whilst
the issue of confidentiality should be respected | am concerned that consideration needs to be
given to realistic and practical exceptions to that general principle especially if the aim is with a
view to safeguarding life. At the end of the day such a matter in terms of reforming mental health
legislation is a matter for Parliament but | wouid like to raise this concern with you following the
evidence | heard as part of Heather's inquest final hearing.

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 by
23 August 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

Force Solicitor, Wiltshire Police, Wiltshire Police Headquarters, London
Road, Devizes, Wiltshire SN10 2DN

itigation Lawyer, G4S Legal Department, Regional Management, UK &
lreland, Southside, 105 Victoria Street, London SW1E 6QT

| have also sent a copy of this report Chair, Avon and Wiltshire Mental
Health Partnership NHS Trust, Bath NHS House, Newbridge Hill, Bath BA1 3QE who may find
its contents of interest.

| 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.

Dated 28 June 2019

— — eo : ae:
Signature ee —_~-—_— i
Senior Coroner for Wiltshire and Swindon ia ee =

Wiltshire & Swindon Coroner's Office, 26 Endless Street, Salisbury, Wiltshire, SP1 1DP
Tel 01722 438900 | Fax 01722 332223

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