Prevention of Future Deaths reports

Edward Cockburn

Regulation 28 report to prevent future deaths, reference 2021-0415. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Reference2021-0415
DeceasedEdward Cockburn
CoronerKarin Welsh
Coroner areaNewcastle
CategoryHospital Death (Clinical Procedures and medical management) related deaths · Product related deaths
Organisation namedSouth Tyneside and Sunderland NHS Foundation Trust · City Hospitals Sunderland NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses published2

The report

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

Newcastle upon Tyne Coroners 
MISS KARIN WELSH 
HM ASSISTANT SENIOR CORONER 
Civic Centre, Barras Bridge, Newcastle Upon Tyne, NE1 8QH 

Date: 10th December 2021 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:  

Chief Executive   
City Hospitals Sunderland  NHS Foundation  Trust 
Sunderland  Royal Hospital  
Kayll Road  
Sunderland  SR4 7TP 

1. CORONER

I am Miss Karin Welsh,  Assistant  Coroner for Newcastle 

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. 

http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 

http://www.legislation.gov.uk/uksi/2013/1629/part/7/made 

3.

INVESTIGATION and INQUEST

On the 10th December 2021 I concluded an inquest  into the death  of Edward Cockburn an 81 
year old  gentleman  who died  at Royal Victoria Infirmary Newcastle upon  Tyne on 25th March 
2020.  He had fallen from an upper  storey window in what should  have been a locked sluice 
room on Ward B21 at Sunderland  Royal Hospital  on 15th March 2020.  The medical cause of 
death  was: 

 
 
 
 1a Acute bronchopneumonia  due to   

1b   multiple  injuries 

1c    

 II   Coronary artery atheroma  Covid 19 infection  

My conclusion  was that Mr Cockburn had died  as a result  of a fall from a window in what 
should  have been  a secure sluice  room the door of which had been propped  open.  The fall 
would have been  prevented by appropriate  and timely enhanced  care risk assessments 
resulting  in one to one observations.   This  amounted  to neglect  and occurred at a time of 
unrecognised  and significant  substandard  staffing levels 

4.  CIRCUMSTANCES OF THE DEATH 

Edward Cockburn had  been admitted  to Sunderland  Royal Hospital  on 12th March 2020  for 
treatment  for inter  alia pneumonia.   He was transferred  to Ward B21 on 13th March 2020.   
Assessments  pursuant  to the Trusts Standard  Operating  Procedure for Enhanced 
Care/Observation  were not carried out after 02.44 on 14th March 2020  despite  further 
episodes  of confusion including  an incident  when Mr Cockburn barricaded  himself and five 
other patients  into Bay 3 on Ward 21.  This resulted  in a failure to instigate  level 4 
observations  most particularly  after this incident.   This  enabled  Mr Cockburn to access what 
should  have been  a locked sluice room because  it had been  propped  open  and fall from a 
window within.   The fixing used  to secure a Jackloc Mark 2 restrictor on the window failed 
This  was at a time when staffing levels were significantly substandard.   Mr Cockburn 
subsequently  died from injuries  sustained  in the fall 

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. 

Staff appeared  to be unaware  of the  Trusts Standard  Operating  Procedure  in relation  to 
Enhanced  Care/Observation.   Training  at that time had not  been given to relevant members of 
staff in connection  with the SafeCare system.  Whilst  training  and information had  been 
cascaded there  was no procedure  in place in relation  to any training  that could record and 
thereafter audit  the efficacy of that system with particular  regard  to when the training  was 
delivered  and by whom and  to whom it was delivered. 

6.  ACTION SHOULD BE TAKEN  

The following  action is required  to avoid future deaths: 

(a) Create a procedure to record details  of training  delivered,  when and to whom   
(b) Create a system to audit  that procedure  so as to ensure  that  all training  has been 

delivered  to all staff 

7.  YOUR RESPONSE 

You are under a duty to respond  to this  report within 56  days of the date of this report  namely 
4th February 2022.   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: 

•  Family  
•  South Tyneside  and  Sunderland  NHS Trust  and their solicitor 

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. 

10 December 2021 

Karin Welsh  HM Assistant  Coroner for Newcastle upon Tyne 

 
 
   
 
 Newcastle upon Tyne Coroners 
MISS KARIN WELSH 
HM ASSISTANT SENIOR CORONER 
Civic Centre, Barras Bridge, Newcastle Upon Tyne, NE1 8QH 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

Date: 10th December 2021 

THIS REPORT IS BEING SENT TO:  

Managing Director  

The Jackloc  Company  Limited  

Alma Park  

Woodway Lane 

Claybrooke  Parva  

Lutterworth  

LE17 5BH 

1.  CORONER 

I am Miss Karin Welsh,  Assistant  Coroner for Newcastle 

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. 

http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 

 
 
  
   
 
  
 
  
 
  
 
 
 
  
 
 http://www.legislation.gov.uk/uksi/2013/1629/part/7/made 

3.  INVESTIGATION and INQUEST 

On the 10th December 2021 I concluded an inquest  into the death  of Edward Cockburn an 81 
year old  gentleman  who died  at Royal Victoria Infirmary Newcastle upon  Tyne on 25th March 
2020.  He had fallen from an upper  storey window in what should  have been a locked sluice 
room on Ward B21 at Sunderland  Royal Hospital  on 15th March 2020.  The medical cause of 
death  was: 

1a Acute bronchopneumonia  due to   

1b   multiple  injuries 

1c    

 II   Coronary artery atheroma  Covid 19 infection  

My conclusion  was that Mr Cockburn had died  as a result  of a fall from a window in what 
should  have been  a secure sluice  room the door of which had been propped  open.  The fall 
would have been  prevented by appropriate  and timely enhanced  care risk assessments 
resulting  in one to one observations.   This  amounted  to neglect  and occurred at a time of 
unrecognised  and significant  substandard  staffing levels 

4.  CIRCUMSTANCES OF THE DEATH 

Edward Cockburn had  been admitted  to Sunderland  Royal Hospital  on 12th March 2020  for 
treatment  for inter  alia pneumonia.   He was transferred  to Ward B21 on 13th March 2020.   
Assessments  pursuant  to the Trusts Standard  Operating  Procedure for Enhanced 
Care/Observation  were not carried out after 02.44 on 14th March 2020  despite  further 
episodes  of confusion including  an incident  when Mr Cockburn barricaded  himself and five 
other patients  into Bay 3 on Ward 21.  This resulted  in a failure to instigate  level 4 
observations  most particularly  after this incident.   This  enabled  Mr Cockburn to access what 
should  have been  a locked sluice room because  it had been  propped  open  and fall from a 
window within.   The fixing used  to secure a Jackloc Mark 2 restrictor on the window failed.   
This  was at a time when staffing levels were significantly substandard.   Mr Cockburn 
subsequently  died from injuries  sustained  in the fall 

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 fixing was attached  to the sill  of the window in accordance with fitting instructions  issued 
by your Company and dated  July 2017.   Subsequent  to the installation  a data sheet  was issued 
indicating  that the fixing should  be attached  to the window frame only. This  change in 
data/guidance  was not highlighted  to South Tyneside  and Sunderland  NHs Trust and 
presumably  other hospital  trusts.   The position  of the fixing on the sill enabled  the restrictor to 
be more readily  defeated bearing  in mind this was a pivot window 

  
 
 6.  ACTION SHOULD BE TAKEN  

The following  action is required  to avoid future deaths: 

(a) To ensure  that the guidance  is changed  clarify the necessity  to attach the fixing to the 

frame and proximity to the points  of pivot 

(b) To ensure  that this is effectively communicated to and highlighted  with all  NHS Trusts 

and other  relevant users  using  the Jackloc window restrictor  system 

7.  YOUR RESPONSE 

You are under a duty to respond  to this  report within 56 days of the date of this report  namely 
4th February 2022.   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: 

•  Family  
•  South Tyneside  and  Sunderland  NHS Trust  and their solicitor 

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. 

10 December 2021 

Karin Welsh  HM Assistant  Coroner for Newcastle upon Tyne 

 
 
 
   
 
 Newcastle upon Tyne Coroners 
MISS KARIN WELSH 
HM ASSISTANT SENIOR CORONER 
Civic Centre, Barras Bridge, Newcastle Upon Tyne, NE1 8QH 

Date: 10th December 2021 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:  

Rt Hon Sajid Javid  MP 
Secretary  for State for Health and Social Care 
Department  for Health and Social Care 
39 Victoria Street  
London SW1H 0EU 

1.  CORONER 

I am Miss Karin Welsh,  Assistant  Coroner for Newcastle 

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. 

http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 

http://www.legislation.gov.uk/uksi/2013/1629/part/7/made 

3.  INVESTIGATION and INQUEST 

On the 10th December 2021 I concluded an inquest  into the death  of Edward Cockburn an 81 
year old  gentleman  who died  at Royal Victoria Infirmary Newcastle upon  Tyne on 25th March 
2020.  He had fallen from an upper  storey window in what should  have been a locked sluice 
room on Ward B21 at Sunderland  Royal Hospital  on 15th March 2020.  The medical cause of 
death  was: 

 
 
  
   
 
  
 
  
 
 
 
  
 
  
 1a Acute bronchopneumonia  due to   

1b   multiple  injuries 

1c    

 II   Coronary artery atheroma  Covid 19 infection  

My conclusion  was that Mr Cockburn had died  as a result  of a fall from a window in what 
should  have been  a secure sluice  room the door of which had been propped  open.  The fall 
would have been  prevented by appropriate  and timely enhanced  care risk assessments 
resulting  in one to one observations.   This  amounted  to neglect  and occurred at a time of 
unrecognised  and significant  substandard  staffing levels 

4.  CIRCUMSTANCES OF THE DEATH 

Edward Cockburn had  been admitted  to Sunderland  Royal Hospital  on 12th March 2020  for 
treatment  for inter  alia pneumonia.   He was transferred  to Ward B21 on 13th March 2020.   
Assessments  pursuant  to the Trusts Standard  Operating  Procedure for Enhanced 
Care/Observation  were not carried out after 02.44 on 14th March 2020  despite  further 
episodes  of confusion including  an incident  when Mr Cockburn barricaded  himself and five 
other patients  into Bay 3 on Ward 21.  This resulted  in a failure to instigate  level 4 
observations  most particularly  after this incident.   This  enabled  Mr Cockburn to access what 
should  have been  a locked sluice room because  it had been  propped  open  and fall from a 
window within.   The fixing used  to secure a Jackloc Mark 2 restrictor on the window failed.   
This  was at a time when staffing levels were significantly substandard.   Mr Cockburn 
subsequently  died from injuries  sustained  in the fall 

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 fixing was attached  to the sill  of the window in accordance with fitting instructions  issued 
by Jacklok and dated  July 2017.   Subsequent  to the installation  a data  sheet  was issued 
indicating  that the fixing should  be attached  to the window frame only. This  change in 
data/guidance  was not highlighted  to South Tyneside  and Sunderland  NHs Trust and 
presumably  other hospital  trusts.   The position  of the fixing on the sill enabled  the restrictor to 
be more readily  defeated bearing  in mind this was a pivot window. 

Jacklok have been requested  to take action  as follows 

(a) To ensure  that the guidance  is changed  clarify the  necessity  to attach the fixing to the 

frame and proximity to the points  of pivot 

(b) To ensure  that this is effectively communicated to and highlighted  with all  NHS Trusts 

and other  relevant users  using  the Jackloc window restrictor  system 

The relevant  Department guidance  is Health  Building  Note 00-10Part  D Windows  and 
Associated  Hardware 

 
 6.  ACTION SHOULD BE TAKEN  

The following  action is required  to avoid future deaths: 

To consider  the issues  raised  with Jacklok and  review  the relevant  guidance  accordingly 

7.  YOUR RESPONSE 

You are under a duty to respond  to this  report within 56 days of the date of this report  namely 
4th February 2022.   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: 

•  Family  
•  South Tyneside  and  Sunderland  NHS Trust  and their solicitor 

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. 

10 December 2021 

Karin Welsh  HM Assistant  Coroner for Newcastle upon Tyne

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 Jackloc Company Ltd (PDF)
Miss Karin Welsh 
HM Assistant Senior C-Oroner 
Newcastle Upon Tyne Coroners 
Civic Centre,  Barras Bridge 
Newcastle Upon Tyne 
NE18QH 

2 February 2022 

Dear Madam 

SAFETY  AT  E:VEFIY  LeVEL 

The  Jackloc Company Ltd 
Alma Perk 

"WoOdway  Lane 
Clayb!"ooke  Parva 
Lultarworlh 

LE17  5BH 
United  Kn~om 

s.ales@jeckloc .corn 

Fa,,;:  +-44  (0)1455  220 565 

lnguest touchlnJJ the death of Edward Cockburn 
The Jackloc Company Limrted 
Report to Prevent Future Deaths 
R  gulations 28 and 29 Coroners (lnve8tiqations) Regalations 20·13 

·,vww.jaciljoc,ccro 

Further to our previous correspondence  in this matter, the purpose  of lhls letter Is for me.  oo 
behalf of the Jacidoc Company Limited ("the Company") to provide its respomse to your Report 
o.f  10m  December 2021. 

----·~---

Response to Report to Prevent Future Deaths 

Your  Report notified the Company that you had concluded the Inquest touching  the death of 
Mr.  Edward  Cockburn  on  10'1  December  2021  and  informed  it  of  certain  circumstances 
surrounding  his  death  as  well  as  your  concems  regarding  the  installation  of  the  Jackloc 
restrictor fitted to one of the windows in a &Juice room  at the Sunderland Royal  Hospital.  Your 
Report noted lhat Mr.  Cockburn fell  from a window in the sluice room  and that the fixl119  used 
lo secure a Jackloc Mark 2 restrictor on the window failed. 

In  paragraph  5 of your  Report you  expressed  your  concerns and  for  ease  of reference  1 set 
lhem out again here -

T1Ht fixing w•s attached to the ,sjJI of the window in accordatJce wHh fitting in&tructloM 
Issued by your Company and dated July 2017.  Subsequent to  the  ln.stafliftlon  a  data 
sheet was Issued indicating that the 'fixing  should be attached to  1ml  window frame 
only.  This  change  In  data/guidance  was  not  highlighted  to  South  Tyneside  and 
Sunderland NHS  Trust and presumably other hospjtal trv.sts..  The-posmon of the fi1dng 
on the sill enabled the restrictor to be more easily defe,ated bearing In mind this was a 
pivot window. 

In  paragraph  S you  set  out the  action  that should  be taken  by the  Company which  I set  out 
here also and again for ea:se of reference -

The  follow;ng action should bfJ taken to avoid future deaths: 

(a)  To  ensure  that the  Guidance  Is  changed to  clarify the  necessity to attach  the 

fixing to the  frame and proximity to  the points ofpivot 

(b)  To  ensure that this i• effactively communicatffd to and hlghlfghted  with all NHS 
Trusts and other relevant u.sers using the Jackloc window re.strictor system 

;~'1{j'Sl1:t1-::-:J  G_..,  (~  r.~J ·:j!'tl-•~(I  ~n  f:,~  t) .;or  1:~  -:t•1:j  ~~./-:11:"·5  ::;(;f'."1;_'::;Jl'·i'  (tun' t:)•~1  1).-4  !:19(lf.-f~ 
. 1 , ori;,:~::,~l  ,:~.:!•~,  !::('  ,:,"\' :_  :-i~n, Ui .. r.-,•~,::  ·c.-:,:.. t1  (  ,:.,;~11 1:it"i~~  L~Gi' ~:f-=-'d  u~I ~ ~:! 1-i,  r"p:Ji:C•,1 

 
 Given that the Company had not been  invited to  provide evidence for,  nor to appear at,  the 
Inquest as  an  interested person  I am grateful to you  and  your Officer for  having  cJarified,  by 
email  on  12  January  2022,  that during  the  inquest  no  concerns  were  raised  regarding  the 
restlictor  itself  but  rather  the  positioning  of the  fixing;  that  during  the  evidence  it  became 
apparent that guidance/fitting instructions ~sued by Jacklock had changed  from July 2017 to 
November 2019 as to where  the part A locking body of the restrictor should be frtted;  and that 
South Tyneside and  Sunderland NHS Trust seemed unaware of this change hence the action 
set  out in  paragraph  6  of your  Report.  I  am  grateful to you  also  for arranging  to  forward  a 
number of photographs of the relevant window and fixing to inform the Company's response. 

Had the Company provided evidence for the purposes of the  lr1quest the-re  are a number of 
matters that it would have been able to clarify  and which I wish to set out for the purposes of 
this response,  namely -

•  The Company's window restrlctors are immensely strong and for one to fail is virtually 
unheard of.  Instances of failure are  inevitably at a fixing  point where the force is such 
as to pull the fixing  screws out. 

•  Given that the restrictor is dependent on the fixing  point and  how welt  it is  secured to 
either a window frame  or sill  it can  never be  guaranteed to  prevent  the window from 
being forced wide open. 

•  The Company does not install restrictors.  It suppOes them to installers. 

•  So  long  as  the  restrictor  is  installed  properly  and  the fixing  points  are  secure  it will 
prevent a window from  being  opened too far,  not only the ordinary course of use but 
way beyond that - however t  being dependent on fixings the restrictor will  not prevent 
the  window from  being opened wide by the application of significant force  (which will 
not result in the restrictor separating but may result In the fixings being pulled from one 
of its fixing points). 

•  The fittlng  fnstructions for the Mark 2 restrictor are supplied with the product and those 
to which  you  refer  are the  2017 version.  In 2020 the  Mark 2  product  was  rebranded 
and  although  the  technical  specification  was  unchanged,  its  name  changed  to  the 
"Pros·.  New fitting instructions were  issued to  coincide with the name change  but the 
instructions  for  securing  the  restrictor  remained  unchanged.  It  follows  that  the 
instructions  for  fitting  the  restrictor  in  place  have  not  changed  since  July  2017  and 
(provided they are fitted correct1y)  state accurately that the fixings  may be  secured to 
either the window frame or the window sill,  I attach a copy of the 2020 fitting lnstructions 
for completeness. 

•  The  fitting  instructions  provide  instruction  as  to  the  width  of the  opening,  with  the 
installer  being  given  the  option  of  fixing  the  part  A  locking  body  of  the  restrictor 
(described,  by  reference  to  a  diagram,  as  ·part Alt  in  the  instructions)  to  either the 
window frame or sill  to l.imit the width of the gap. 

•  The  instructions  also  set  out  the  required  maintenance  procedure  to  ensure,  for 

e:ic:ample,  that nothing is working loose and that there is no excessive "play". 

•  The  data sheet is  a technical  document,  and  it  is not supplied with  the product but is 
available  on  request.  Typically,  though  not  entirely  exclusively,  it  is  requested  by 
architects and designers. 

 I  appreciate  that  you  have  highlighted  that  the  fitting  instructions  allow  for  Part  A  of  the 
restrictor to be fitted  to either the window frame  or si 11  but the  data sheet states,  "Fit Part A 
(looking body)  to  the fixed frame and Part B (swivel--cable  foot plate)  to the  opening window 
frame". 

This does  not mean that the  restrictor  is  any  less  effective if~  in  accordance with the fitting 
instructions Part A is fixed to the window sill - always provided that whatever it is fixed to,  it is 
correctly fitted and secure. 

Please be assured that in view of your Report the Company and I have very carefully reviewed 
the  fitting  instructions  and  we  are  satisfied  that  they  are  suitable  and  fit  for  purpose.  We 
consider that  it  would  be wrong  to change  them  to  remove  ttie reference  to  the window sill 
because the part A  locking body  can  be fixed to the  sill and to do so will be no less safe than 
securing  it  to the window frame,  atways  provided  that the  following  direction from  the fitting 
instructions is heeded -

"'Each installation project must be surveyed and evaluated prior to fixing the Jackloc window 
restrfctor to determine the  appropriate fixings/anchorage  and of the  designated restricted 
opening.  Care must be taken to survey each window/door to ensure that the general and 
specif,c condition of the material(s) are sound and are not in disrepair to ensure that the 
Jackloc can be securely fitted". 

If,  rather than follow the fitting  instructions,  the installer followed  the  fitting  methodology  set 
out  in the  data  sheet  and  secured the part A  locking  body to  the frame then that  would  not 
compromise  the effectiveness  or safety  of the  restrictor  in  any  way,  provided  the following 
extract from the data sheet is heeded -

"Great care must be taken to inspect each and every window to ver;fy that they are in a sound, 
serviceabJe condition and to ensure the secure fitung of the Jackloc window restrlctol'. 

I wish to  make it very ciear that the Company and I understand fully the reasons that led you 
to conclude that a Regulation 28 Report should be required,  and we intend you no disrespect 
in saying that, given everything sat out above, we do not propose to alter the fitting instructions 
and.  because the instructions are and remain suitable  and  frt  for purpose it is  not considered 
necessary nor appropriate for  us to  communicate with Trusts and  other users in  accordance 
with paragraph 6 of your Report. 

What the Company has resolved to do Is to amend the data sheet to make it align it and ensure 
it  is consistent with the fitting  instructions and from  this  point onwards all the data sheets we 
supply will expressly allow for fitting  Part A to either the frame or the sill  (copy attached}.  This 
will avoid any confusion for those who have and may refer to both the fitting  instructions and 
the data sheets. 

I wish to add that if you, Mr.  Cockbum 1s famity and South Tyneside and Sunderland NHS Trust 
have  any  continuing  concerns  I  shall  be  most  happy  to  discuss  and  address  them.  All  are 
assured of the Company's co-operation and  willingness to assist in that regard. 

(Mainag  ni 

. eetor) 

····-···· 
· ·

For and on beh·a 

t he Jackloc Company Limited
Response from Sunderland Royal Hospital (PDF)
South Tyneside and Sunderland 
NHS  Foundation Trust 

,~1:k1 

Sunderland Royal  Hospital 
Kayll Road ' 
Sunderland 
Tyne & Wear 
SR4 7TP 

www.stsft.nhs.uk 

20 January 2022 

Private & Confidential 

Miss Karin Welsh 
HM Assistant Coroner for the City of Newcastle upon Tyne 
Civic Centre 
Barras Bridge 
NEWCASTLE UPON TYNE 
NE18QH 

~ " "  ,½,iC  Lei~ , 

D~ 

Welsh 

Regulation 28 Report to Prevent Future Deaths - Mr Edward Cockburn 

I  write  further  to  your  correspondence  dated  10th  December 2021  regarding  your  concerns 
identified during the Inquest into Mr Cockburn's death. 

As  you  are  aware,  "falls  from  poorly  restricted  windows",  are  classed  as  Never  Events, 
therefore,  constitute  Serious  Incidents  (SI).  Prior  to  the  inquest  the  incident  was  fully 
investigated  by the  Trust  and  reported  to  the  Police,  Health  & Safety Executive  (HSE},  Care 
Quality  Commission  (CQC),  Sunderland ·  Clinical  Commissioning  Group  (SCCG)  and 
Safeguarding Adults Team. 

Our internal  investigation identified omissions in  care with regard  to the level of observation in 
place for Mr Cockburn and the lack of escalation of concerns around staffing levels.  Immediate 
actions  were  undertaken  to  address  these  issues,  along  with  remedial  estates  work  to  fit 
additional window restrictors and  swipe card access to restricted areas in key areas across the 
Trust, which has now been completed. 

· 

At the inquest hearing, you  heard evidence from one of the witnesses that staff appeared to be 
unaware of the Trust Enhanced  Care/Observation Standard Operating  Procedure (SOP)1 that 
was in  place at that time.  I would  like to take this opportunity to  inform you that this SOP was 
updated  in  December 2020  and  is now entitled  "Guideline for Enhanced  Interactive ,Care  and 
Observation (EICO) for Adult Inpatients". 

• 

1 A tool  utilised to  ensure staff maintain an environment which  is  safe and reduces the risk to patients and others 
by providing heightened levels of observation for patients within stated criteria. 

 
 
 
 You  also  heard  evidence from  another witness that training at that time  had  not been given to 
all relevant members of staff in  connection with the SafeCare electronic staffing tool2 . 

Whilst information and  training  materials for both  tools  had  been  cascaded  to  staff when they 
were  first  introduced,  there  was  no  process  in  place  to  monitor that  staff had  accessed  the 
information and training materials. 

You have identified the following action required to  avoid future deaths: 

(a) Create a procedure to record details of training delivered, when and to whom;  and 
(b) Create a system to audit that procedure so as to ensure that all training  has been 

delivered to all staff. 

We have now agreed a mechanism to address these actions by utilising our existing Electronic 
Staff Record  (ESR)  system.  We  are  developing  E-learning  packages  for both  SafeCare  and 
EICO which  will  be  uploaded  to the  ESR and  easily accessible to  staff.  Staff who  require  this 
training  will  have  an  associated  competency  added  to  th~ir  1karning ··pro1ie  ahd  compliance 
matrix within ESR.  This will allow the creation of reports to capture and monitor/auait completion 
of this E-learning at an organisational level,  as well as a ward/department level. 

I would  like to assure you that this work is progressing well and we intend to utilise this model to 
monitor the training achievements.when other new training programmes are introduced. 

As you  will  note,  the Trust is  addressing the shortfalls highlighted  during the  Inquest,  in  order 
to prevent future deaths in  similar circumstances.  Progress of the actions detailed in this letter 
will be overseen by Melanie Johnson, Executive Director of Nursing, Midwifery and Allied Health 
Professionals,  who  will  also  keep  me  briefed  and  report  progress  monthly  to  the  Trust's 
Governance Committee. 

I trust this information provides assurance to you that the Trust has taken appropriate action to 
address your concerns with  a view to  improving  patient care and  safety and  reducing  the  risk 
of ariy similar adverse incidents in the future. 

I would also like to take this opportunity to offer my sincere condolences to Mr Cockburn's family 
on behalf of myself and the Trust. 

·  Yours sincerely 

2 A tool  utilised to  help determine safe staffing levels by matching staffing levels to patient number, acuity and 
dependency of patients in real  time.

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