Prevention of Future Deaths reports · 2019
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 report | 5 Jul 2019 |
|---|---|
| Reference | 2019-0232 |
| Deceased | Alexander Boamah |
| Coroner | R Brittain |
| Coroner area | Inner North London |
| Category | Alcohol, drug and medication related deaths |
| Organisation named | Camden and Islington NHS Foundation Trust |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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
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.
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
See every Prevention of Future Deaths report matching Camden and Islington NHS Foundation Trust, and how often a new one appears.
What would an alert for this have sent me? Search the full text
Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.
These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.