Prevention of Future Deaths reports · 2022

Lewis Johnson

Regulation 28 report to prevent future deaths, reference 2022-0397, written 12 Dec 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report12 Dec 2022
Reference2022-0397
DeceasedLewis Johnson
CoronerKevin McLoughlin
Coroner areaWest Yorkshire (Eastern)
CategoryState Custody related deaths · Suicide (from 2015)
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 

THIS REPORT IS  BEING SENT TO: 

1. 
 Governor, HM Prison Wealstun 
1.  The Rt Hon Dominic Raab MP, Secretary of State for Justice 

1 

CORONER 

I am Kevin Mcloughlin, Senior Coroner, for the Coroner area of West Yorkshire (E). 

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  23rd  December 2019 an  investigation was commenced into the death of Lewis 
Steven Johnson, aged 34.  The investigation concluded at the end of the Inquest on  2nd 
December 2022. The conclusion of the Inquest was a Narrative Conclusion that Mr 
Johnson died due to  1(a) Hypoxic-ischaemia Encephalopathy 1(b) Hanging after being 
found suspended by a neck ligature at approximately 04:45 hours on  12th  December 
2019 at HMP Wealstun. 

4 

CIRCUMSTANCES OF THE DEATH 

Lewis Steven Johnson was held at HMP Wealstun from  May 2019 until his death 7 
months later.  He  had been seen frequently by healthcare staff, a keyworker, other prison 
officers and had been subject to an ACCT for a brief period  in  October 2019. 

When found with a neck ligature around 04:45 on  12th  December in  an unresponsive 
condition,  he was cut down, but the various prison officers present then left him  in the 
cell  in  a seated position without considering CPR,  using a defibrillator or considering 
whether to  place him  in the recovery position. 

Approximately five  minutes later another prison officer mentioned CPR.  Prison officers 
then returned to  his cell and conducted CPR until paramedics arrived. The paramedics 
succeeded  in  restoring  Mr Johnson's circulation.  He was taken to hospital but following a 
further cardiac arrest, was pronounced dead at 10:56 on 12th  December 2019 at Leeds 
General  Infirmary. 

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.  -

(1)  HMP Wealstun does not have nurses or other healthcare staff in  the prison 

during the night. 

(2)  The incidence of self-harm incidents amongst prisoners (both in  2019 and 

today) make such emergencies foreseeable. 

(3)  In the absence of healthcare staff being  immediately available, the night patrol 
staff should  be trained to respond effectively to ligature or other self-harm 
incidents. 

(4)  The OSG officer who encountered the situation  involving Mr Johnson around 

04:45 hours had  not been trained to carry out CPR. 

(5)  The officer acting as 

 attended the cell  but did  not think about CPR, 
believing Mr Johnson to  be already dead (notwithstanding that none of the 
discipline officers  present had anv medical qualifications to certifv death). He 

 had  undertaken defibrillator training "many years ago". 

(6)  The four prison officers present in the cell did not discuss the need for CPR.  The 

possibility of using a defibrillator was not mentioned. Mr Johnson was left in the 
cell  in  a seated  position without the wisdom of placing  him  in  the recovery 
position being considered. 

(7)  The medical evidence available at the  Inquest indicated "Effective CPR more 
than doubles the chance of someone surviving a cardiac arrest".  Furthermore, 
the Resuscitation Council  UK advises "provide chest compressions as soon as 
possible after cardiac arrest is confirmed". 

(8)  The value of all  night patrol  staff (particularly in  a prison without 24 hour 

healthcare provision) being trained to provide effective CPR and  use a 
defibrillator competently was recognised at the inquest,  along with the wisdom  of 
this being refreshed annually. 

(9)  The inquest noted that there is currently no express direction in  PSI 03/2013 or 
other instruction to carry out CPR pending the arrival of paramedics or other 
qualified medical professional,  when a prisoner is found  in  an  unresponsive 
condition following a ligature incident. 

6 

ACTION SHOULD BE TAKEN 

In  my opinion action should be taken to prevent future deaths and  I believe your 
organisation have 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 Monday 13th  February 2023 (allowing for the forthcoming holiday period).  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 
 (mother) (2) 
Persons (1) 

 (father). 

I have also sent it to 
or of interest. 

,  Governor,  HMP Wealstun who may find  it useful 

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 

:¥.(w~  M0~~L 

, 

KEVIN  McLOUGHLIN 
Senior Coroner 
West Yorkshire (E) 

Dated:  2nd  December 2022

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 Hm Prison Probation Service (PDF)
Director General of Operations  
HM Prison and Probation Service 
8th Floor Ministry of Justice 
102 Petty France 

                                                                                                                                                                      London SW1H 9AJ 

Mr Kevin McLoughlin 
Senior Coroner for the Coroner area of West Yorkshire (E) 
HM Coroner’s Office 
71 Northgate 
Wakefield 
West Yorkshire 
WF1 3BS 

9 February 2023 

Dear Mr McLoughlin 

Thank  you  for  your  Regulation  28  report  of  2  December  2022,  addressed  to  the  Governor  of  HMP 
Wealstun  and the Secretary of State for Justice, following the recent inquest into the death of Lewis 
Johnson at HMP Wealstun on 12 December 2019. I am responding as Director General of Operations 
for HMPPS. 

I  know  that you  will  share  a  copy  of  this  response  with  Mr  Johnson’s  family  and  I would  like  to  first 
express my condolences for their loss. Each death in custody is a tragedy and the safety of those in 
our care is my absolute priority. 

Following  evidence  heard  at  the  inquest,  you  have  raised  some  concerns  regarding  the  first  aid 
training for staff particularly in relation to the use of CPR, and I will address these below. 

It may be helpful for me to clarify the requirements currently in place for all establishments around the 
provision  of  first  aid  trained  staff.    Whilst  there  is  currently  no  requirement  for  all  prison  staff  to  be 
trained  in  first  aid,  all  prison  officers  receive  emergency  first-aid  at  work  (EFAW)  training,  including 
how to administer CPR, during their entry level training, for use in their duties. Governors are required 
to  ensure  that  there  are  sufficient  numbers  of  trained  staff  on  duty  at  all  times.  They  do  this  by 
producing a detailed local first aid risk assessment to determine the number of first aid at work (FAW) 
and  EFAW  trained  staff  needed  at  the  establishment,  and  by  ensuring  that  they  are  deployed 
appropriately.  

 
 
 
 
                                                                                                                                                                              
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 At HMP  Wealstun the  local risk  assessment was last reviewed in  October 2022. Consideration was 
given to the risk profile across all areas of the prison, paying particular attention to the night provision, 
due  to  there  being  no  healthcare  staff  available  during  that  time  to  provide  emergency  assistance 
should the need arise. Regular reviews will continue to be conducted to ensure that the needs of the 
prison continue to be met.  

In respect of the EFAW training all prison officers receive during their entry level training, all first aid 
training certificates are valid for three years and although not mandatory, staff are encouraged to 
undertake refresher training to maintain their basic skills and keep up to date with any changes to 
first-aid procedures. The initial training for staff includes an HMPPS video which shows how to 
respond to an emergency situation where a prisoner has attempted suicide. This is currently being 
updated to reflect changes to policy and equipment available since the original video was produced. 
This video covers the use of prison issue ligature tools, emergency response codes, placing someone 
in the recovery position and considerations such as when to initiate first aid and the use of 
defibrillators. Once complete, the updated video will be made available to all training centres for new 
staff and for prisons. It is anticipated that this will be available to staff by Spring 2023. 

While the delivery of staff training has been severely impacted as a result of restrictions put in place 
due to the COVID-19 pandemic, with prisons only being able to deliver limited safety critical training, 
from April 2023 HMP Wealstun will be able to resume the delivery of FAW and EFAW training locally, 
and  will  prioritise  all  those  on  the  dedicated  night  group,  which  includes  Operation  Support  Grade 
staff. The intention is also for all Custodial Managers to receive this training, as well as a significant 
proportion of the wider officer group, to ensure that an effective emergency response can be provided 
when required. 

Looking ahead, HMPPS is currently reviewing the first aid policy with the view to replacing this with 
updated guidance. As the new the guidance develops, collaboration will take place amongst teams to 
ensure there is reference to the commencement of CPR and to ensure we signpost the current safer 
custody guidance available on the HMPPS intranet which sets out the circumstances in which CPR 
should be commenced. This is designed to be read in conjunction with the current the Prison Service 
Instruction which makes clear that all staff must be aware of their responsibilities and of the local 
procedures that are in place to enable an effective response to medical emergencies.    

Thank  you  again  for  bringing  these  matters  of  concern  to  my  attention  and  I  hope  this  provides 
you with the reassurances that you seek. 

Yours Sincerely, 

Director General of Operations

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