Prevention of Future Deaths reports · 2019

Alexander Boamah

Regulation 28 report to prevent future deaths, reference 2019-0232, written 5 Jul 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report5 Jul 2019
Reference2019-0232
DeceasedAlexander Boamah
CoronerR Brittain
Coroner areaInner North London
CategoryAlcohol, drug and medication related deaths
Organisation namedCamden and Islington NHS Foundation Trust
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  

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  The  Rt  Hon  Justin  Tomlinson  MP,  Minister  of  State  for  Disabled  People, 

Health and Work, Caxton House, Tothill Street, London, SW1H 9NA 

1 

CORONER 

I am Dr Richard Brittain, Assistant Coroner, for Inner North London 

2 

CORONER’S LEGAL POWERS 

I 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 

Alexander  Boamah  died  on  26  January  2019,  aged  54.  The  inquest  into  his  death 
concluded  on  3  July  2019.  The  cause  of  Mr  Boamah’s  death  was  unascertained  and  I 
reached an open conclusion.  

4 

CIRCUMSTANCES OF THE DEATH 

Mr Boamah had a history of heroin and crack cocaine misuse. He was under the care of 
Camden and Islington NHS Foundation Trust for the treatment of this condition.  

In  late  2018  Mr  Boamah  was  granted  Personal  Independence  Payment  by  a  Tribunal; 
this  included  a  payment  of  approximately  £18,000.  Concerns  were  raised  amongst  his 
treating team that receipt of such a large sum of money could place Mr Boamah at risk, 
given the potential for unrestrained access to illicit drugs.  

Attempts were made to assess Mr Boamah’s capacity to manage his finances but he did 
not  attend  the  planned  consultations.  I  heard  evidence  from  Mr  Boamah’s  treating 
psychiatrist that his service had no recourse to express concerns or intervene to address 
the risks that receipt of this money posed.  

Following  receipt  of  this  money  Mr  Boamah  began  to  disengage  from  his  addiction 
treatment and increased his reported use of illicit substances.  

Mr  Boamah  was  found  deceased  in  his  own  residence  on  26  January  2019.  Post-
mortem toxicology was not able to establish the concentration of illicit substances in his 
blood.  However,  liver  sampling  was  able  to  demonstrate  the  presence  of  both  cocaine 
metabolites and morphine.   

5 

CORONER’S CONCERNS 

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 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 (1)  There is a real risk that future deaths will occur where large sums of money are 
received by individuals who are then placed at risk through unrestrained access 
to illicit substances.  

Whilst it is recognised that individuals should not be deprived of funds owed to 
them,  it  does  not  seem  that  there  is  a  process  whereby  concerns  about  such 
risks  can  be  raised  by  treating  clinicians  to  the  Department  of  Work  and 
Pensions.  

A  specific  concern  relates  to  the  potential  that  individuals,  without  capacity  to 
manage  their  finances,  may  come  into  receipt  of  funds  which  place  them  at 
particular risk. 

6 

ACTION SHOULD BE TAKEN 

In  my  opinion  action  should  be  taken  to  prevent  future  deaths  and  I  believe  the 
addressees 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 30 August 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 

I  have  sent  a  copy  of  my  report  to  the  Chief  Coroner  and  to  the  following  (a)  Mr 
Boamah’s family (b) Camden and Islington NHS Foundation Trust. 

I 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 

5/7/19 
Assistant Coroner R Brittain 

2

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 Dwp (PDF)
DEPARTMENT FOR WORK AND PENSIONS  

RESPONSE TO REGULATION 28 PREVENTION OF FUTURE DEATHS REPORT 

Introduction 

1.  This response fulfils the Department for Work and Pensions’ (DWP) duty to 
respond to a Prevention of Future Death report made under the Coroners 
(Investigations) Regulations 2013. The request for the report has arisen following 
an inquest on 3 July 2019 into the death of Mr Alexander Boamah who was a 
Personal Independence Payment (PIP) claimant.  

2.  The response is structured in two parts. The first describes Personal 

Independence Payment (PIP) and Mr Boamah’s interaction with the benefit. The 
second part explains what action the Department is taking to ensure the relevant 
safeguards for vulnerable claimants are in place.  

Personal Independence Payment  

3.  PIP was introduced in 2013 and is a non-means tested, non-contributory tax-free 
individual benefit that provides financial support to people with long-term health 
conditions or disabilities, where the person’s ability to carry out prescribed daily 
living or mobility activities is limited by the person’s physical or mental condition.  
It is intended to make a contribution to the extra costs that claimants face as a 
result of their disability or long-term health condition. This underlying rationale is 
similar to the rationale for the predecessor benefit, Disability Living Allowance 
(DLA).  But there are key differences between the two benefits, namely the way 
in which entitlement is determined as well as the award duration.   

4.  PIP is intended to be a more modern benefit, in which needs arising from all 

impairment types are considered equally and on an individual basis, rather than 
labelling people by their condition. Claimants undergo a functional assessment, 
conducted by an external health care professional, usually involving a face-to-
face consultation with the claimant, a points-based system is used when 
determining whether a claimant is entitled to PIP, and if so, at what rate.  The aim 
of the PIP assessment is to ensure awards are determined fairly, objectively and 
consistently, and in a way that creates a more financially sustainable benefit.  
Consequently, the general rule is that PIP awards are for a fixed term with regular 
reviews of the award.   

Appealing a decision 

5.  A claimant who is unhappy with a decision can ask DWP to reconsider the 

decision within 13 months of the date of the decision. DWP will reconsider the 
claimant’s case, and respond with their decision in a Mandatory Reconsideration 
Notice. If a claimant disagrees with the Mandatory Reconsideration Notice, they 
can use the free to access service and appeal against the decision to the First-

 
  
 
 
 
 tier Tribunal (Social Entitlement Chamber). The First-tier Tribunal consists of a 
judge and a medical representative (where appropriate).  

Mr Boamah’s case  

Benefit claim history  

6.  Mr Boamah made his initial claim for PIP on 18/10/16 and attended a face to face 
assessment in Harrow assessment centre. Mr Boamah was notified that he was 
not entitled to PIP, scoring 0 points for both the Daily Living and Mobility 
component. Mr Boamah requested a Mandatory Reconsideration and was 
notified on 3/3/17 that the original decision had been upheld. In April 2018 the 
Department received a phonecall from a benefits advisor at Mary Ward Centre 
explaining that Mr Boamah had been refused PIP the previous year and that she 
would like to submit a late appeal on his behalf as he was not in a position to deal 
with such matters as a result of his condition.  

7.  A new appeal was registered on the Department’s administrative systems in April 
2018. In October of that year the appeal was heard. Mr Boamah was awarded 
the enhanced rate of the Daily Living component and the standard rate of the 
Mobility component. This was communicated to Mr Boamah and his respondent 
in a decision notice in October 2018 and was followed up with a call to Mr 
Boamah on 1/11/18. Mr Boamah was also advised that a decision letter detailing 
the award and payments would be sent to him shortly. Mr Boamah made a call to 
the Department on 5/11/18 explaining that he had received a call on 1/11/18, but 
wasn’t clear for the reason. The telephony agent explained to Mr Boamah that 
the call had been made in relation to his appeal and to confirm a number of 
questions to establish if there were any factors that would affect his PIP payment 
such as hospital stays. 

8.  The telephony agent advised Mr Boamah that PIP was now in payment going 
forward and an arrears payment of £11,253.92 covering the period 18/10/16 to 
1/11/18 was due to be credited on 9/11/18. An appeal outcome decision letter 
was issued to the claimant on 7/11/18. Sadly, the Department was subsequently 
informed by a friend of Mr Boamah that he had passed away on 26/1/19. The 
inquest in to Mr Boamah’s death concluded that the cause was unascertained, 
but liver sampling was able to demonstrate the presence of both cocaine, 
metabolites and morphine. 

9.  Mr Boamah had a history of drug misuse and he was under the care of Camden 
and Islington NHS Foundation Trust for the treatment of this condition. It is 
understood that following the receipt of the arrears payment Mr Boamah began to 
disengage from his addiction treatment and increased his reported use of illicit 
substances.  

 
  
    
  
 
 Review of safeguards for vulnerable claimants when making payments 

10. DWP is committed to regularly reviewing claimant support policies and guidance 
for our staff. This is to ensure claimants are safe and receive the support they 
need. This is particularly important for those at risk of suicide and self-harm or 
who are considered vulnerable because of their particular circumstances.  

11. In the interest of safety and public protection, safeguarding vulnerable individuals 
is recognised as a priority for the Department and is being addressed. This is 
manifest in a need to exercise increased vigilance across all areas of our 
operations. We are also working to help our staff to understand this need and 
develop their capability to ensure they make appropriate response and decisions 
when a concern is identified or raised. 

12. In response to this a review of the DWP safeguarding policy and guidance is 

currently underway. The purpose of the review is to strengthen existing guidance 
along with ensuring liaison and co-ordination happens with other statutory and 
non-statutory bodies and agencies so claimants are safe and receive appropriate 
support safeguards.  

13. The review team is working with teams across the Department and with reference 
to practice in other statutory bodies in order to create a policy that is in line with 
good practice. It will consider how communication channels between the 
Department and treating clinicians can be opened up so concerns can be raised 
and acted on where necessary.  The review is scheduled to provide a revised 
policy and guidance in September 2019. 

Conclusion 

14. The Department was saddened to learn of Mr Boamah’s death. The payment to 
Mr Boamah was made in accordance with the law and DWP’s policy to pay 
benefit without delay and as soon as reasonably practicable. However, the 
Department recognises that this may not be the most appropriate form of action 
in some circumstances. 

15. The review of safeguards for vulnerable claimants when making payments will 

ensure that the needs of vulnerable claimants such as Mr Boamah are reflected 
in updated policy and guidance to ensure necessary safeguards are in place. 

16. The Department will be pleased to share the updated guidance with the Coroner 

when available.  

Deputy Director for Disability Benefits

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