Prevention of Future Deaths reports · 2021

Lucy Colgate

Regulation 28 report to prevent future deaths, reference 2021-0042, written 12 Feb 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report12 Feb 2021
Reference2021-0042
DeceasedLucy Colgate
CoronerCaroline Topping
Coroner areaSurrey
CategoryOther related deaths
Sourcejudiciary.uk record · original PDF
Responses published2

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

IN THE SURREY CORONER’S COURT 

IN THE MATTER OF: LUCY PATRICIA COLGATE  

__________________________________________________________ 

The Inquest Touching the Death of LUCY PATRICIA COLGATE    

A Regulation 28 Report – Action to Prevent Future Deaths 

__________________________________________________________ 

THIS REPORT IS BEING SENT TO 

, President of the Association of British Neurologists.  

, Chief Executive of Epilepsy Action.  

 President of the Royal College of Paediatrics and 

Child Health  

1  CORONER 

I am Caroline Topping HM Assistant Coroner, for the coroner area of Surrey 

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 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 An inquest into the death of Lucy Patricia Colgate was opened on the 12th May 
2020 and resumed on the 12th January 2021. The inquest concluded on 29th 
January 2021.   

I found that the medical cause of her death was; 

1a. Positional Asphyxia  

1b. Uncontrolled Epilepsy   

I concluded with a Narrative Conclusion: 

Lucy Patricia Colgate suffered from generalised epilepsy which was poorly 
controlled on medication which had been appropriately prescribed. On the 28th 
March 2019 she had an epileptic fit at home and became wedged behind a door 
so that the door could not be opened. She was in a prone position. Paramedics 
attended promptly and managed to gain access to her within 20 minutes by which 
time she had suffered a hypoxic cardiac arrest through positional asphyxia and 
the effect of being in a post ictal state. She was taken by ambulance to Royal 
Surrey County Hospital but pronounced dead on arrival.  

4  CIRCUMSTANCES OF THE DEATH 

The circumstances of the death are detailed in the narrative conclusion.  

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 could 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 evidence showed that: 

1. 

 who was Lucy Colgate’s Consultant Neurologist gave 

evidence that the risks posed to epilepsy sufferers from locked doors is a 
recognised risk but that the risk posed by having inward opening doors to 
confined spaces is not widely appreciated. If the door had been outward 
opening Lucy Colgate is likely to have survived.  

6  ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe your 
organisation has 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 the 7.4 2021. 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 
Interested Persons;  

and Royal Surrey County Hospital 

I am also under a duty to send a copy of your response to the Chief Coroner and 
all interested persons who in my opinion should receive it. 

I may also send a copy of your report to any other person who I believe may find 
it useful or of interest.  

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 

Signed: 

Caroline Topping 

Dated this 12th February 2021.

Responses

2 responses 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 Epilepsy Action (PDF)
Dear
Response to Regulation 28 Report – Action to Prevent Future Deaths – 12 February 2021 

My apologies for the somewhat late reply to your request. I can advise the following. 

Epilepsy Action’s current position 
Our five advice and information officers were asked if blocked doors was a significant or frequent 
enquiry. Two said they had never encountered this. Three who have had calls on this subject report 
it to be a rare and infrequent occurrence. When it has happened it has related to bathrooms or 
toilets (small rooms) with inward opening doors where a person has had (or could have) a seizure, 
loses consciousness and becomes wedged against the door in the tight space preventing the door 
from being opened. The concern raised is not so much that it has happened but that the risk has 
been identified by the person concerned and they want to avoid it. 

The low level of enquiries means our advice and information service doesn’t have a category specific 
to this issue. Enquiries of this nature would be classified under the general category of ‘safety’. In 
2019, our Helpline advice and information service was used 11,771 times. 102 enquiries (0.87%) 
were about ‘safety’ in all its forms. In addition, there were 147 enquiries (1.25%) about daily living 
aids or adaptations which might also be relevant here. 

What our current advice and information says 
Within our website advice and information section is a page https://www.epilepsy.org.uk/info/daily-
life/safety/practical-guidance 
Here we advise the following: 

•  Have a bathroom door that opens outwards, or folds or slides open and closed. Then, if you 

fall against it during a seizure, you won’t block someone from getting in 

Our written advice references bathroom doors only. This reflects the enquiries we receive. The same 
advice could be extended to any door to any confined space. We will make this amendment to our 
online information by the end of June 2021. Relevant printed information is due for reprint in July 
2021. We will update this in the same way at that time. 

The verbal advice given by our officers responds to the specific nature of the enquiry being dealt 
with. Currently, if appropriate, we already extend our advice to cover all doors to any confined 
space. This will continue. 

What else we will do 
During the course of 2021 we will publish an article in our magazine Epilepsy Today to raise 
awareness about this issue. This will include referencing and signposting people to sources of 
funding that might be available such as grants for home adaptations. 

During the course of 2021 we will notify our healthcare professional contacts about what we’re 
doing and why so as to increase their awareness about the issue and to guide them in providing 
appropriate advice to their patients. 

We will continue to monitor the number and type of enquiries we receive on this topic and adapt 
our responding materials accordingly. 

Yours sincerely 

 
 
 
 
 
 
 
 
 
 
 
 Keep in touch with Epilepsy Action for updates and news or change your contact preferences 

View our email disclaimer  

View our updated privacy statement, updated March 2019  

Epilepsy Action is a working name of British Epilepsy Association. British Epilepsy Association is a 
registered charity (registered in England No. 234343) and a company limited by guarantee 
(registered in England No. 797997)
Response from Rcpch (PDF)
Thursday, 01 April 2021 

Sent by email to:

Dear Coroner C Topping 

Re: Lucy Patricia Colgate 
Regulation 28 – Action to Prevent Future Deaths 

We  have  read  carefully  your  report  regarding  the  tragic  and  untimely  death  of  Lucy 
Colgate  and  have  discussed  this  with  senior  colleagues  within  the  RCPCH  Epilepsy 
Programme  Board  and  with  the  British  Paediatric  Neurology  Association’s  British 
Paediatric Epilepsy Group in order to respond to your request.  

The  RCPCH  supports,  educates  and  develops  paediatricians,  and  the  wider  child  health 
workforce  and  services,  to  deliver  high  quality  safe  care  for  infants,  children  and  young 
people. Given that we do not have all the details of the tragic death of Lucy Colgate, the 
RCPCH is unable to comment on the specifics of the case. 

Children  and  young  people  with  epilepsy  need  support  to  engage  in  an  ongoing 
individualised  assessment  of  risk  and  consideration  of  tailored  accident  prevention.  The 
RCPCH Epilepsy12 audit supports trusts in England and Wales to measure on an ongoing 
basis  how  well  they  are  evidencing  risk  assessment.  The  September  2020  report  found 
that  the  majority  (80%)  of  children  and  young  people  diagnosed  with  epilepsy  had 
evidence of discussion regarding general participation and risk.1  The RCPCH continue to 
monitor  and  share  audit  results  with  local  and  regional  teams  and  further  urge  quality 
improvement in this area.  

The  Sudden  Unexpected  Death  in  Epilepsy  charity  (SUDEP  Action))  has  produced 
resources  for  parents  and  carers  to  support  individualised  understanding  and  balancing 
risk for children living with an epilepsy.2 There may be opportunity to adjust specific advice 
regarding  door  opening  in  their  information  resources.    At  the  moment  the  information 
leaflet makes this recommendation only for bathroom doors.  

We will share learning around the circumstances of this death with our paediatric specialty 
groups  who  lead  care  for  children  with  epilepsy  and  with  OPEN  UK3  (Organisation  of 
Paediatric  Epilepsy  Networks)  to  disseminate  warnings  of  these  types  of  risks.  We  hope 

1 https://www.rcpch.ac.uk/sites/default/files/2020-09/epilepsy12_2020_national_report_final_2.pdf  
2 https://sudep.org/sites/default/files/sudep_childrens_hi.pdf  
3 https://www.rcpch.ac.uk/resources/open-uk-organisation-paediatric-epilepsy-networks-uk  

 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 that in doing so, families will be more aware of the key factors that are critical to ensuring 
suitable home environments for children and young people with epilepsy.    

We  are  pleased  that  you  have  shared  your  report  with  Epilepsy  Action  who  have  a 
collection of useful resources to support safety at home.  

Thank you for raising this case with us and reminding us of the importance of this work.  

Yours sincerely 

President, Royal College of Paediatrics and Child Health

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