Prevention of Future Deaths reports · 2020
Regulation 28 report to prevent future deaths, reference 2020-0288, written 6 Oct 2020. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 6 Oct 2020 |
|---|---|
| Reference | 2020-0288 |
| Deceased | Emily Greene |
| Coroner | David Urpeth |
| Coroner area | South Yorkshire (West) |
| Category | Police related deaths · Suicide (from 2015) |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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 THIS REPORT IS BEING SENT TO: The Chief Constable, South Yorkshire Police Headquarters, Carbrook House, § Carbrook Hall Road, Sheffield, S9 2EH CORONER | am David Urpeth, Senior Coroner, for the Coroner Area of South Yorkshire West 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 On 21.2.19, an investigation into the death of Emily Greene was commenced. The investigation concluded at the end of the inquest on 1.10.20. The conclusion of the inquest was a narrative conclusion, copy attached. 4 | CIRCUMSTANCES OF THE DEATH On the 16.11.2018, Emily was found hanging from a tree in fields at the rear of Doghill, Shafton, Barnsley. The evidence was that Emily took her own life with the intention of so doing. Prior to her death, SYP had been involved investigating an allegation of sexual assault as well as dealing with the missing person's report. 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. — During the inquest, evidence showed:- 1. There was employment of an officer into a specialist sexual offences unit without the officer being given specialist training before he started work 2. There were deficiencies by the investigating officer and SYP in relation to the investigation into the allegation of sexual assault 3. There was lack of clarity around the BSARCS referral and its actioning 4. That Emily was never personally seen to sensitively explain the fact of and reasons why the police were not going to take the allegation any further. 5. There was ( and | understand still is) lack of a suitable room for taking the victim video at Wombwell police station ( due to a parent not being able to be accommodated ) 6. There was mishandling of the missing person’s report. 6 | ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and | believe you [AND/OR your organisation] 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" December 2020. |, 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 ™ “ee to all Interested Persons:- (Mother), C/o Howells LLP (Father) (Barnsley MBC) Outwood Academy Shafton, Barnsley Legal Services West Yorkshire Police a Radcliffes Le Brasseur LLP | | 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 FOUL Dsaponeere er. 6" October 2020 David Urpeth, HM Senior Coroner
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.
South Yorkshire
pOLlCE
Chief Constable 5 DEC
7th December 2020
DJ Urpeth
HM Senior Coroner
Office of HM Coroner
Medico-Legal Centre
Watery Street
Sheffield
S3 7ES
Dear Mr Urpeth,
Your reference: Req 28 report to prevent future deaths followinq inquest into the
death of Miss Emily Greene.
Dear Mr Urpeth,
I hope this letter finds you in good health.
I am writing to you today to provide South Yorkshire Police's response to the
Regulation 28 report to prevent future deaths following the inquest into the tragic
death of Miss Emily Greene.
I enclose our response at Appendix A attached. This report addresses separately,
each of the six matters of concern raised. South Yorkshire Police are committed to
learning the lessons from this case and I would like to reassure you that we have
already taken action in respect of the findings.
I also enclose with this letter, the Sexual Offences booklet (CID40) and the
document Complete Victim Care (CVC) that are referred to in the report for your
attention and assistance.
I would also like to invite you to visit one of our 10 Achieving Best Evidence rooms
within the Force. As is referred to in the report, although all of these are fit for
purpose, there is currently a programme of refurbishment taking place to enhance
them.
RESTRICTED
Police Headquarters
Carbrook House
5 Carbrook Hall Road
Sheffield
E-mail: chief@southyorks.pnn.police.uk
S9 2EH
Please do let me know if you require any further information, or alternatively, if you
would prefer to seek out the opportunity to discuss these issues further in a face to
face meeting. I am of course more than willing to take on board any particular
advice or further feedback.
Yours Si c r ly,
Chief Constable
Matter of Concern 1:
There was employment of an officer into a specialist sexual offences unit without the officer being
given specialist training before he started work:
was the OIC (Officer in the case) in relation to the investigation in which Emily
Greene reported historic sexual offences against
joined South Yorkshire Police in January 2017 having been previously employed by the
DC
Metropolitan Police Service between 2007 and 2014. Having been on a career break for less than 3
years he was accepted as a direct transfer, in accordance with our recruitment policies.
When Dc—was accepted by South Yorkshire Police, he provided information that he had
undertaken a variety of training courses and had attained the level of a PIP 2 accredited Detective.
This qualification indicated that DC— as capable and suitable to investigate serious and complex
investigations.
On reviewing the training records of DC
f0110wing can be confirmed:
Date
Course
March 2007
Joined Metropolitan Police
July 2007
April 2009
July 2009
Dec 2010
April 2011
May 2011
April 2012
June 2014
June 2014
June 2014
June 2014
Dec 2016
Jan 2017
Jan 2017
Completion of foundation training
Investigative Interview of Suspects — Serious and Complex
Primary Investigative Training — Critical Incident Sexual
Offences
Serious and Complex Interview Course
Crime Investigators Development Programme
Crime Investigators Development Programme PIP 2
PIP 2 Investigator Accreditation approved
Public Protection — Abusive relationship
Public Protection — Family disturbance
Public Protection — Initial response
Public Protection — Missing Daughter
Email to SYP confirming DC PiP 2 status
Joins SYP less than 3 yrs out so direct transfer
Completed 7 day Transferee Course
March 2017
Human Trafficking And Modern Slavery Training
May 2017
May 2017
Investigator Masterclass
Specialist Child Abuse Course — SCAIDP
Pass/ Fail
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
Pass
We have highlighted for your assistance the parts of the record relevant to his role and the
investigation subject to your Inquest. Of note, the PIP2 completion in April 2012 indicates that DC
was assessed as capable of undertaking serious and complex investigations, including sexual
offences and the status of Detective awarded.
On the commencement of service within South Yorkshire Police in January 2017, DC
attended a
7-day transferee induction course, covering systems and processes within the organisation.
1
investigative background, he was posted to the Child Protection team at Barnsley,
Due to
commencing late January 2017. It appears that he worked on a regular basis with another very
experienced Detective within the unit. As a consequence of this review the process for transferees
has been revisited and there is now an expectation that on moving to their substantive post a local
mentor in the same department will be formally appointed to ensure familiarisation with local
processes and practice not covered at induction.
In May 2017, and contrary to the evidence provided at the inquest by D
Investigators masterclass followed by the nationally accredited Specialist Child Abuse Investigation
Development Programme (SCAIDP). This is a national specialist course designed by the College of
Policing and is aimed at developing investigators working within the Child Abuse Investigation arena
from the both the Police and Social Care.
he attended an
The objectives of the course are to:
Develop an understanding of child development and identify vulnerabilities of child
development in the context of abuse, including understanding the paediatrician perspective
in terms of non-accidental injury.
Develop an understanding of sexual offending behaviour including grooming and apply the
knowledge to child abuse investigations.
Develop a sensitive, ethical and anti-discriminatory approach through policing principles in
identifying, assessing and responding to complaints of child abuse and evaluate risk factors
within the investigation.
Develop an understanding of the multi-agency working approach; the practices, policy,
procedures and legislation that binds the working relationship together in Child Abuse
Investigations. The second week on SYP also includes refresher Achieving Best Evidence (ABE)
victim training.
Modules include:
Child development in context of abuse
Understanding sexual offending behaviour
Investigating child abuse
Multi-agency working — in practice
Safeguarding
Attachment & Development
Behaviour & Assessment
Trauma, Facts & Statistics
Offences
South Yorkshire Police continue to deliver the national SCAIDP course in partnership with the four
local authorities within South Yorkshire. One of the key objectives is to ensure cross over learning
with the other agencies and for officers to better understand and be able to contribute to successful
partnership working.
2
In conclusion, the above details and his training record since 2007 demonstrate that DC—wasa
trained and accredited detective from his time in the MPS. On arrival in South Yorkshire Police, he
worked alongside an experienced public protection DC before passing the national SCAIDP course
four months later. D
offences involving child victims and was suitably qualified and experienced to undertake the
investigation involving Miss Greene.
has received extensive training in relation to the investigation of sexual
South Yorkshire Police does however recognise the importance of doing its very best to equip
public protection officers and we are therefore developing a bespoke course for staff to attend
when they are first posted to work within the department. This course will give additional training
around areas including Child Abuse, Sudden Unexpected Death of a Child or Infant, Child Sexual
Exploitation, Neglect, Multi Agency working and victim care and referral services. The course will
work in partnership with the nationally recognised SCAIDP course to ensure staff have a wide
knowledge base of both local and national processes. This course is currently being developed by
subject matter experts from across the force, it is anticipated this course will be delivered from
April 2021 onwards.
Matter of Concern 2:
There were deficiencies by the investigating officer and SYP in relation to the investigation
into the allegation of sexual assault.
It is accepted that the initial investigation into the allegations made by Miss Greene were not
investigated to the standard expected by South Yorkshire Police. After the tragic death of Miss
Greene, the allegations were reviewed and the reviewing officer concluded, this investigation
appears to fall well below the standards of what would be expected when serious sexual allegations
are made by a 13yr o/d girl against a male suspect who was 18 at the time.
The review also established that the decision to file the investigation was inaccurately recorded
and lacked rationale, with the reviewing Detective Inspector not having a full oversight of the
investigation and actions undertaken by DC
reinvestigated and the case submitted to the Crown Prosecution Service.
This review led to the allegations being
South Yorkshire Police have processes in place to ensure that all investigations on allocation to an
OIC have a clear investigation plan, this includes guidance to the OIC around evidential actions, lines
of enquiry and safeguarding. Vulnerability is also assessed with guidance around support services
that are available to the victims and other parties involved. The investigation plans are completed
by Sergeants and are recorded electronically on the investigation.
There is further supervisory oversight every 28 days; again this is conducted by the first line
supervisor who is a Sergeant. There is further review of the investigations every 4 months by an
Inspector.
As a minimum, the Force expects the following to be considered and recorded during the review
process:
1. Victim safeguarding and contact - both actual and future — e.g. what have you done / what
referrals have been made? What does the victim contact regime look like? Is it sufficient for
the crime type and is it being followed?
3
2. Suspect Risk — both now and future - e.g have you assessed the ongoing risk posed by the
suspect, what is your decision making around arrest / circulation and why?
3. Investigative priorities - is there an investigative plan — have the actions been addressed? If
not why not? How will you remedy this?
4. Should we investigate - is there a crime? Should we investigate? If not why not? If not, can
the crime be filed?
5. Due diligence — is the investigation being conducted with due diligence. If not, who or what
are the blockages? How long will it be for these issues to be resolved or finalised?
6. Future reviews and supervisory governance — who is to check on whether this investigation
is being progressed? Will there need to be an interim Inspectors review to ensure
momentum?
7. Support Agencies — Does the victim require referral to a partner agency such as Social Care,
ISVA or IDVA services or counselling.
An assessment of the quality and efficacy of the investigation review process has recently taken
place. All crime mangers have been reminded of the process and have been requested to cascade
this process to all supervisors. Compliance with the investigation review process in terms of both
timeliness and quality is subject of regular scrutiny and performance reporting.
The CID 40 Sexual Offences booklet used by officers attending the initial report of sexual offences
has been reviewed and updated. This booklet acts as an aide memoire for officers and includes
information around victim care, officers' actions and suspect management. The revised booklet is
currently being distributed across the Force, and the necessary amendments are also being made to
the Force intranet site. A copy of the new booklet has been attached for your reference.
The investigation undertaken by D as referred to the Independent Office for Police Conduct and their
assessment remains ongoing at this time.
Matter of Concern 3:
There was lack of clarity around the BSARC referral and its actioning.
The SARC (Sexual Assault Referral Centres) support service covers all four areas of the Force.
Barnsley is covered by the BSARC service. The referral process for victims of sexual offences is in
place for officers and staff to make a request for support via the professional's portal central on the
BSARC webpage. These referrals are sent and allocated at the central hub for ISVA/ CHISVA service,
located in Doncaster. It has been identified that the referral officer does not receive any
acknowledgment that the submission was successful. It has also been identified that different
officers used alternative referral processes such as direct emails to ISVA managers and phone calls.
The direct and single point of referral has been reinforced to all officers via the Force intranet page
signposting them to the current process and to ensure they have a full understanding of that
process.
4
The current process for officers, as highlighted below, is found on the dedicated PVP page on the
Force intranet or the individual SARC service internet pages.
Independent Sexual Violence Advocacy
The ISVA (CHISVA for Children) service helps anyone who has been the victim of unwanted sexual
contact offering practical support to deal with circumstances. Their aim is to help give people the
confidence, support and information they need to take control of the situation and move forward.
The CH/ISVA will establish the needs of the person and put support plans in place. Working with
other support agencies such as:
o Health services & Emotional wellbeing;
Liaising with schools &
education; o Housing & Benefits; 0
Therapy.
The CH/ISVA will work with the Police and the rest of the criminal justice system. Examples of the
type of support we will provide include:
Liaising with the police, courts, Crown Prosecution Service (CPS) and other public agencies;
o
o Keeping the client informed of developments in the case;
Advocating on their behalf;
Supporting before and during any court case.
How to refer to the CH/ISVA Service:
Complete the form on this link: https:/(isva-referral.drasacs.org.uk/
Under the Victims Code, the 'explicit consent' of the person being referred is required. If the
referral is for a child, the consent of the parent/guardian must be obtained.
The services are delivered locally in Sheffield (SRASAC), Rotherham (RothACS), Barnsley (BSARCS)
and Doncaster (DRASACS) by the four providers that are part of the South Yorkshire Sexual
Violence Partnership, with all referrals being managed at the central Hub in Doncaster.
The force and the commissioned ISVA services are working together to improve the referral process,
ensuring that referrals are acknowledged by the ISVA service along with the development of a form
in which the officer will complete with the consent of the victim and then forwarded to the ISVA
service. Officers will be directed to electronically record the submission within the investigation along
with follow up enquiries with the ISVA service to ensure the victim is being supported.
This document will be incorporated into the revised Investigation booklet that has been developed
for attending officers, to support them whilst dealing with rape and sexual offence investigations.
Work is ongoing with the SARC service to provide officers with a confirmation of a referral request
being received. When this is in place, officers will be instructed to add this to the investigation
record.
Matter of Concern 4:
That Emily was never personally seen to sensitively explain the fact of and reasons why the
police were not going to take the allegation any further.
5
It is accepted that Emily should have been seen face to face to explain the decision not to take the
matter any further. In 2017, the Force had in place a clear Victim Codes of Practice (VCOP) policy on
which all officers are fully sighted, the policy is supported by booklets to be distributed to victims of
crime, it is accepted that booklets with bespoke information may not have been readily available at
that time to provide to Miss Greene and her family.
Since this time the framework of Complete Victim Care (CVC) has been developed resulting in
significant improvements in how the Force provide victim care. The force has a dedicated theme
lead along with a regularly updated intranet page and a victim care booklet. The current booklet
entitled 'Supporting Victims' contains information for victims and allows the officer to record their
contact details and the next steps of an investigation.
Within the booklet, there are details of support agencies available including support for victims of
both sexual abuse and domestic violence. The Victims Right to Review (VRR) process is explained
within the booklet detailing that the process came into effect on 1 April 2015 and applies to all
recorded crime offences.
The VRR section further details under what circumstances a review can take place and how the
process is undertaken. The section quotes, the intention of the scheme is to give you a way to appeal
a decision not to prosecute. The right of a victim to request a review happens where the police:
e Make a decision not to bring proceedings in cases where the police are able to charge or
Make a decision that the case does not meet the relevant threshold for referral to the CPS
for a charging decision.
You are allowed to request a review within three months of being notified of the case being filed, as
this is the period during which they can request a judicial review.
Within the force intranet page, there is the force document under VCOP on a page where the officer
is given guidance of the process and the expectations of the force in relation to victim care. Some of
the key areas from the page are below.
Update the victim within five working days or within ono day enhanced victlm, if a
suspect is:
Update victim
First contact with victim
Complete astez;rnent to
enhanced vitt:ms
and complete
done contact or no tctcc than five days after •.hc first
Victims bc.okk•t (this
•
•
to download the Oc•oklet Via our
501.tthyork5.pollco.uÅ
• victim that their detail' will be pasted on to Victim Support
Services (VSS), the victim ESP-tan d that th%' can attn the at any
time
• Victims don•t havo to updates from any within the VCOP. they
cut. emplain and record. They can opt in at M'/ time by con:actng
the CIC VS$
• It is the
to be pussed to VSS
• Record crime within hours.
choice. not yours, whether they wloh for their detuils
•
•
•
•
H+legsed Without charge
Char," to o,'
ot
•
If
the
Other updatea to be provided Ot regular intervals following discussion with the victim
Neco,'d that the victim has teen
•
Outline Pollcc Victim Right to
and CPS Victims Rloht to Review Scheme.
CPS not to
6
Enhanced victims
Victims of most seftus crimes aæ; a close relative bereaved by a criminal
offence. a victim of domestic væce, hate crime, terrorism, sexual
offences, human
trafficking, attempt murd%
kidnap,
false
imprisonment, arson with intent, wounding or causing GBH with intent
(sec18 offences only)
' targeted victims are those who have been targeted repeatedly asa
direct victim of crime over a period of time, padiculaiy if they have
been deliberately targeted are victim of a sustained campaign of
harassment or stalking
• Vulnerable and Intimidated victims those defined by
Section 16 and 17 Youth Justice and Criminal Evidence Act 1999.
Victim Support
• Police team sends referrals of all recorded
crime incidents (excluding domestic violence)
to Vctim
Support by automatgc date transfer on a dad}' basic
• VS ease management system performs vulnerability
based automatic triage. All vtct'ms cf sexual offences
ate forwæ•ded to the South Yorkshire Independent
Sexual Violence Partnership for initial contact, triar and
support
• Victims eat't!ed to enhanced zenices {in line
with VCOP/ dtrectea to VS Cope & Recovery'
team and a'lccat±d a Vtctvrn Care ACvocete
(VOA). to make phone contact within 24hrs.
complete a needs and risk assessment.
end otte support
• Support required; VCA acts az a single point of contzct
throughout cnrnjnal justice process. coord/nating
v;ctirn cate w•ith multi-agencies. Provide advocacy
services, information about CJS and emotional support
to "Sist victims, cope and tecover the Impact of come
• Vict.ms not entittea to enhanced service sent
auto text with VS contact detai)s, web
telephone access
• Victims
agents can
Support at any point in time
the
to
The force's management of victim care is
monitored on a regular
basis through victim care satisfaction surveys along with being reviewed and discussed at quarterly
District performance days. The learning from this case has been discussed with District
Commanders to ensure qualitative review takes place.
following a Incident.
Ms Greene and her family would have been entitled to the enhanced victim service and it
is accepted that DC— did not provide this to the family. It is also accepted that DC
provide the family with the any information in relation to the appeal process.
It is accepted that DC—should have seen the family face to face, and in particular Miss Greene, to
explain the rationale as to why the matter was not progressing to the Crown Prosecution Service. It
should then have been explained that they could appeal this decision with the District Crime
Manager who holds the rank of Detective Chief Inspector.
The force will ensure all officers are fully sighted in the appeal process and ensure that the CVC
booklet is provided to all victims of crime.
Matter of Concern 5:
There was (and I understand still is) lack of a suitable room for taking the victim video at
Wombwell police station (due to a parent not being able to be accommodated)
The Achieving Best Evidence Guidance (ABE) issued by the Crown Prosecution Service (CPS)
provides guidance to officers in relation to having other persons present in the interview room. This
guidance states that Interview supporters can be present in the interview room if it is deemed
necessary and would provide emotional support to the victim. This would only be if appropriate and
practical:
Parent(s)/carer(s) should not be automatically excluded from this role, but their appropriateness will
very much depend on the circumstances and nature of the case, together with any issues arising from
the allegations made by the child.
There are also good reasons why their presence may not be in the best interests of the child.
Research suggests that the presence of a carer or parent at the time of the interview can actually be an
additional source of stress if the child is concerned about them hearing unpleasant details.
7
In addition, the child might feel uncomfortable about someone they see on a daily basis, knowing
intimate details of their personal life. Other witnesses in the case, including those giving evidence of
an early complaint, cannot act as interview supporters.
Further guidance can be found in the below national CPS document.
https://www.cps.gov.uk(sites/default/files/documents/legal guidance/best evidence in criminal
proceedings.pdf
Miss Greene did make a first disclosure to her mother resulting in her mother being a witness, and
on this basis, it would have undermined the evidence and gone against the national ABE guidance
to have allowed her in the room.
The ABE interview of Emily took place at Wombwell Police station, which was fit for purpose. The
ABE room contains seating for the victim, officers and any third party such as an interpreter or
intermediary if it was identified the victim required one. There is a waiting room very close to the
ABE room where parents or other people who are there to support can wait. An officer would
explain to the parent and the child that should they become distressed, the interview could be
paused and the officer would offer to ask the parent / carer to offer support to the victim.
South Yorkshire Police has 10 Achieving Best Evidence rooms within the Force, all of these are fit for
purpose but there is currently a programme of refurbishment taking place to enhance them. Four
sites have been refurbished in the current financial year and there is a plan to refurbish all
remaining ABE rooms, including Wombwell, over the next financial year. There have been delays in
this work due to the COVID 19 restrictions.
Matter of Concern 6:
There was mishandling of the missing person report.
South Yorkshire Police would refer to the evidence of
summary;
which provides the following
On the 13th November 2018, 3 days before Miss Greene was reported missing, the Force introduced
a brand new incident management platform, called 'Smart Contact'. A full review of the reporting of
this incident was undertaken and it established that the operator within the communications room
was grading the call on the standards and processes relating to the previous management system.
The initial calls by the family were received by West Yorkshire Police and redirected to South
Yorkshire Police. The incident created at 19.39hrs was graded as 'Resolve Without Deployment'
(RWD). This grading would mean that the incident would be dealt with solely over the phone. It was
identified at 20.56 as being graded incorrectly and it was regraded as a priority. The priority grading
means a response time of 60 minutes should be met.
It was established within the review that the incident remained unallocated for a further 71 minutes
at which time resources were allocated, however there were further delays before officers arrived.
In total, it was 3hrs and 3 minutes from the initial call to officers arriving at the home address of Miss
Greene. This time is not what is expected of either the Communications room staff or attending
officers for this type of incident.
8
The new incident management system is now fully embedded within the Communications Centre
and all staff are fully trained, understand and are familiar with the grading process. Staff receive
ongoing developmental training. The force is due to implement a new 'missing from home' IT
system called 'Compact' which will improve the forces management and recording of persons
reported missing. This new system commences in April 2021.
9
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