Prevention of Future Deaths reports · 2019

Philip Owen

Regulation 28 report to prevent future deaths, reference 2019-0330, written 2 Oct 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report2 Oct 2019
Reference2019-0330
DeceasedPhilip Owen
CoronerAlison Owen
Coroner areaManchester South
CategoryOther related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

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: The Ministry of Justice
CORONER

| am Alison Mutch, Senior Coroner, for the Coroner Area of Greater
Manchester South

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

INVESTIGATION and INQUEST

On 15! November 2016 | commenced an investigation into the death of
Philip Vernon Owen .The investigation concluded on the 22™ August
2019 and the conclusion was one of Unlawful Killing. The medical
cause of death was 1a) Stab wound to the neck.

CIRCUMSTANCES OF THE DEATH
On 30" October 2016 at i’ Phillip
Vernon Owen was killed by a stab wound to the neck by an
individual.

At the time of Phillip Owen’s death, the individual had been and
was involved with a number of state agencies. Subsequent to
Philip Owen's death, the individual was diagnosed with a severe
and enduring mental illness, namely Schizoaffective Disorder -
Manic Type. The individual had been known to mental health
services (GMMH) for a number of years.
In 2013 the individual was diagnosed with Schizophrenia that was
likely to be due to a functional psychiatric illness. In early 2014 the
individual was referred to the Early Intervention Team (EIT).In
2014 there was a detention under the mental health act during
which the primary diagnosis was Paranoid Schizophrenia. He was
subsequently an inpatient on 5 further occasions — the time
ranging from 4 weeks to 1 week. The last admission before Philip

Owen's death was on 24" June 2016 until 11 July 2016.The
diagnosis recorded in discharge summaries reflected a view that
drug use was driving the psychosis.

The diagnosis of a drug-induced psychosis was confirmed by the
community psychiatrist. The electronic system was not amended.
The individual ceased to use antipsychotics in the community and
this was accepted by the EIT.

On 23% September 2016 an incident involving the individual's
brother was reported to the EIT. On 27" September 2016 the
individual went to his mother’s home address and assaulted her by
strangulation. The individual was subsequently arrested,
interviewed and charged with a S.39 assault on his mother. He
appeared at court on 30 September 2016 and was remanded in
custody to HMP Manchester. On 29" September 2016 a meeting
discussed possible discharge of the individual from EIT but no
clear decision was taken.

On 3% October 2016 whilst in HMP Manchester, the individual took
steps to take his own life. He was moved to the hospital wing. An
assessment by a psychiatrist on 10" October 2016 concluded that
there was an active psychotic illness, possibly drug-induced.
Medicine for psychosis was prescribed. On 11" October 2016
there was a further attempt by the individual to take his life.

On 13" October 2016 the individual was sentenced by the court to
10 days custody for the assault on his mother. He was due to be
released on that day. The unusual step was taken to hold back his
release to 14"" October 2016 by HMP, due to concerns about the
risks of an unplanned release on 13" October 2016. On 14!
October 2016 the EIT discharged the individual from their service.
They failed to follow their own discharge process and failed to put
an effective plan in place to manage the individual.

On 14" October 2016 the AMHP and care co-ordinator were made
aware verbally that the prison consultant psychiatrist felt a Mental
Health Act assessment was required. No written documentation
was sent through in relation to that. The Mental Health Act
assessment did not take place because the AMHP and care co-
ordinator agreed without seeing the individual that one was not
required. There was a failure to fully assess the risks of not
carrying out such an assessment. In the period between the
individual's release and the death of Phillip Owen, he was not
assessed by Mental Health services. There was a failure to have
an effective risk assessment in place within Mental Health services
after his discharge from their team. On 19" October 2016 a
MARAC meeting agreed a multi-agency meeting was required and

nN

would take place after the return from annual leave of the care co-
ordinator.
On 23" October 2016 a further incident was reported to Mental
Health services and Greater Manchester Police involving the
individual’s grandmother. The probation officer assigned to the
individual was unsuccessful in attempts to meet with him. She
conducted a risk assessment and identified the risk he posed to
the public and his family as high.
A telephone call was made to the probation service on 28"
October 2016 by the individual's father expressing concerns
regarding the individual's mental health. This was not passed on to
the Mental Health services to action despite the individual being
identified as high risk.
On 30" October 2016 Philip Owen was found dead in his flat. The
individual was subsequently arrested on 24 November 2016 whilst
awaiting Mental Health assessment.
It is likely that the aggregation of the failures, created the
circumstances whereby the killing could take place.

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. —

The Inquest heard evidence from the Prison and Probation Service that,
as was demonstrated in this case, there are significant challenges that
are difficult to mitigate to ensure a safe release from custody where a
very short custodial sentence is imposed which means an individual who
is a high risk offender is eligible for immediate release. This is
compounded where as in this case there is no significant licence period
that the Probation Service can supervise;

There was a lack of clarity as to how effectively these risks had been
communicated to those involved in sentencing and what if any guidance
existed support them in taking steps to minimise the risks to the public;

It was unclear how much information was shared with the court regarding
the level of risk by the Prosecution or the Probation Service and what

expectations were or guidance to those assisting a sentencing court in
the discharge of their duty.

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 27" November 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.

COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following

Interested Persons namely 1) EEN behalf of the family 2)
Greater Manchester Police 3) Trafford Council 4) Greater Manchester
Mental Health 5) Prison and Probation Service, who may find it useful or
of interest.

| have also sent a copy of my report to the Sentencing Council, who may
find it useful.

| 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.

Alison Mutch OBE
HM Senior Coroner
02.10.2019

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 The Hm Prison and Probation Service (PDF)
ae

HM Prison &
Probation Service

HM Prison and Probation Service
Post Point 14.05
| Southem House

Ms Alison Mutch OBE. Weasley ahs

H M Senior Coroner CRO 1XN
Coroner's Court
41 Mount Tabor Street

Stockport
SK1 3AG
mailto: ccreriane omi cilia dey a 1 December 2019

Your reference: 5702/CH

Thank you for your Regulation 28 report addressed to the Ministry of Justice, dated 2 October,
following the inquest into the death of Philip Vernon Owen.

We are grateful for your observations on the circumstances of Mr Owen's death: it is important that
we learn the lessons from any case where the actions of an offender have led to tragic
consequences. You identified communication of information about the level of risk posed by the
offender as an important factor in enabling the court to take proper account of risk when passing
sentence. To ensure that such communication is effective, it is essential that systematic
arrangements are in place to ensure regular and frequent liaison between the courts and probation
providers. Securing and maintaining a high standard of court liaison has been the subject of detailed
joint working between the judiciary and Her Majesty's Prison & Probation Service (HMPPS). On 20
July 2018, a Probation Instruction (Pt 05/2018) was issued setting out the arrangements that have
been agreed between the Ministry of Justice and the Senior Presiding Judge. There is a mandatory
requirement for liaison both at national level — including through the National Improvement Team and
the National Sentencer Probation Forum — and at local level, including through liaison meetings i in the

problem resolution i in the Crown Court ani ‘the magistrates’ eae ‘It can be vowel at the following
link:

https:/www justice. gov uk/offenders/probation-instructions/Pl_05 2018 Lisison Arrangements.doc

| hope that the measures | have described provide assurance of the HMPPS's commitment to working
with sentencers to address issues of shared concern, including risk assessment and appropriate
sentencing.

Yous areca

HM Prison & Probation Service
!

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