Prevention of Future Deaths reports · 2021

Joanna Daly

Regulation 28 report to prevent future deaths, reference 2021-0245, written 16 Jul 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report16 Jul 2021
Reference2021-0245
DeceasedJoanna Daly
CoronerJohn Hobson
Coroner areaWest Yorkshire (Eastern)
CategoryAlcohol, drug and medication related deaths · State Custody related deaths
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: 

The Ministry of Justice. 

1 

CORONER 

I am  John Hobson, an Assistant Coroner for the Coroner area of West Yorkshire 
(Eastern). 

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 

On 4th  June 2019,  an  investigation was commenced into the death of Miss Joanna Daly, 
aged  35.  The investigation concluded at the end of the Inquest held before a jury on  6 
July 2021. 

The jury recorded that the medical cause of death was: 
1 a Ventricular arrhythmia leading to cardiac arrest 
1 b Use of illicit cocaine 

A narrative conclusion was recorded  by the jury as follows: 

'Joanna's death was drug related.  The roll  checks carried out by  prison staff were 
adequate. The healthcare checks were not carried  out adequately and this could  have 
been  a contributing factor to her death'. 

4 

CIRCUMSTANCES OF THE DEATH 

On 1 June 2018  Miss Joanna Daly was admitted to HMP New Hall following  a breach of 
licence conditions following  previous sentencing. She had  been released from  HMP New 
Hall on  20 May 2018.  Upon arrival,  it was noted that she was experiencing withdrawal 
from  drugs.  Following  nursing and  medical assessment,  she was taken to the First Night 
Centre. As with  all first night prisoners,  night checks were undertaken by healthcare 
staff.  Roll  checks were conducted  by prison staff. On the morning of 2 June 2019,  Miss 
Daly was found  unresponsive in her cell and  her death was confirmed. 

5 

CORONER'S CONCERNS 

During the course of the Inquest the evidence revealed a matter 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. 

1 

 The matter of concern is as follows: -

During the course of the  Inquest, the matter of checks undertaken by healthcare staff on 
prisoners resident for their first night in  the prison's First Night Centre was heard in 
evidence. The jury found that no guidance as to how such checks were to be conducted 
had  been  provided to the staff undertaking the checks, and that it was possible that this 
contributed to Joanna's death. 

Since Joanna's death, changes within  HMP New Hall have been  undertaken whereby 
welfare checks undertaken at the First Night Centre are now completed by prison  staff. 
The new arrangements have been in  place since October 2020. 

Whilst evidence was provided of the key times at which such checks are undertaken,  it 
became apparent that there was no specific guidance provided to  prison staff to explain 
what was required to be undertaken during a welfare check. The particular vulnerability 
of prisoners resident on the  First Night Centre is  the reason for such checks. 

I am  concerned about the absence of any specific guidance, in view of the findings of 
the jury in  relation to the night checks that were previously undertaken by the healthcare 
staff at the time of Joanna's death. 

This could  impact upon the quality of the welfare checks that are now undertaken by the 
prison staff,  in  the context of the First Night Centre where prisoners may be  particularly 
vulnerable.  I am under a duty to report this matter upon consideration of the evidence as 
provided to the court. 

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 22 nd  September 2021.  I,  John Hobson, 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 family and  Practice Plus 
Group who were Interested Parties at the Inquest. 

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 

Friday 16th  July 2021 

Signed ........~ ............................. 

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 Hmpps (PDF)
Director General Prisons  
HM Prison and Probation Service  
8th Floor Ministry of Justice  
102 Petty France  
London SW1H 9AJ 

John Hobson 
H.M Assistant Coroner for West Yorkshire 
Station Approach 
Woking  
GU22 7AP 

22 September 2021 

Dear Mr Hobson, 

Thank  you  for  your  Regulation  28  Report  dated  16  July  2021  addressed  to the  Ministry  of 
Justice following the inquest into the death of Joanna Daly at HMP New Hall on 02 June 2019. 
I am responding as Director General for Prisons. 

I know that you will share a copy of this response with Ms Daly’s family, and I would like to 
first express my sincere condolences for their loss, every death in custody is a tragedy. 

You  have  expressed  concern  that  there  is  no  specific  guidance  provided  to  prison  staff 
regarding what is required to be undertaken during a welfare check. 

Since Ms Daly’s death, HMP New Hall has introduced new processes to improve the quality 
of welfare checks. In July 2021, a notice to staff was issued covering First Night Centre welfare 
checks during night state – most easily described to those not familiar with the term as the 
time during the night whereby all people in custody are residing within their cells and no activity 
occurs out of cell. The notice revised previous instructions and clarified that staff must now 
obtain a response from a resident in the First Night Centre. The notice details the times welfare 
checks should take place, the purpose of the welfare check and what is required from a welfare 
check. It also reminds staff to create a record summary for all those in custody during the night 
state on the National Offender Management Information System (an electronic record of all 
individuals  in  custody).  These  changes  have  also  been  included  in  HMP  New  Hall’s  local 
operating instructions, which were published in July 2021.  

Thank you again for bringing your concern to my attention. I trust that this response provides 
assurance that this is an issue that we take seriously, and that appropriate action has been 
taken. 

Yours sincerely, 

Director General for Prisons

Related reports

Other reports by John Hobson

See all →

More reports categorised “Alcohol, drug and medication related deaths”

See all →

Track Alcohol, drug and medication related deaths

See every Prevention of Future Deaths report matching Alcohol, drug and medication related deaths, 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.