Prevention of Future Deaths reports · 2023

Shirley Ashelford

Regulation 28 report to prevent future deaths, reference 2023-0297, written 17 Aug 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report17 Aug 2023
Reference2023-0297
DeceasedShirley Ashelford
CoronerChristopher Williams
Coroner areaLondon Inner (South)
CategoryOther 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 (1) 

NOTE: This form is to be used after an inquest. 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  The Medicine Healthcare products Regulatory Agency (MHRA) 

2.  London Borough of Southwark (Occupational Therapy Service and 

Asset Management Team). 

3.  Prism Medical UK Ltd. 

4.  Bureau Veritas UK Ltd. 

5.  His Honour Judge Thomas Teague KC, The Chief Coroner for England,

and Wales. 

1 

CORONER 
I am Christopher Williams an Assistant Coroner, for the Coroner Area of Inner London 
South (Southwark Coroners Court). 

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 the 27th July 2021 an investigation commenced into the death of Shirley Frances 
Ashelford, born 30th  June 1961, and who died on 20th July 2021. 

The investigation concluded at the end of the inquest on 9th  August  2023. 

The medical cause of death was: 

1(a) Asphyxia 

1(b) Chest compression with suspension from Mobility Body Hoist Harness 

II Multiple Sclerosis. 

I recorded the following factual findings in Box 3 of the Record of Inquest: 

At the time of her death Shirley had secondary progressive multiple sclerosis, 
diagnosed in 2000, which severely restricted her mobility. 

Despite her condition, preventing her from standing up and walking, she was 
determined to live as independently as possible sharing a home with her husband. 

Her daily routine was to wake at 06:00 am, and call her husband between 07:00 and 
07:30 am, to assist her getting dressed. 

On the morning of the 20/7/21 whilst she was transferring from her bed to a mobility 
scooter, using a mechanical ceiling hoist, the lowering mechanism failed leaving her 
suspended with her feet off the floor in the hoist chest harness. 

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 The harness tightened causing compression of the chest which, in combination with 
respiratory weakness caused by multiple sclerosis, led to fatal asphyxia. 

Her husband awoke at about 08:00 am, when he did not hear his usual alarm call, 
and discovered her unresponsive in the hoist harness. 
Despite attempts at resuscitation she was pronounced dead after the arrival of the 
ambulance service. 

Based on those factual findings my Conclusion in Box 4 of the Record of Inquest was: 

Misadventure 

4 

CIRCUMSTANCES OF THE DEATH 

Shirley was aged 60 at the time of her death. Following a diagnosis of multiple 
sclerosis, in 2000, her mobility slowly declined, eventually losing the ability to stand 
and walk and becoming reliant on a mobility scooter. 

In February 2003 she referred herself to the London Borough of Southwark 
Occupational Therapy (OT) Services who over the years arranged adaptations to her 
home to assist with her declining mobility. 

She was provided with a powered transverse hoist to transfer her from her bed to a 
mobility scooter. 

The hoist was a Freeway Transactive Xtra, serial No. TXD23090, Manufactured by 
Prism Medical UK. It consisted of a motor which moved along an H-track frame, 
installed in the ceiling, above the bed. Attached to the motor was a harness consisting 
of 2 lines which attached to the front and back of a sling which fitted around the chest 
area. The sling was a Liko Mastervest MOD 64. 

The sling/harness was designed to tighten around the chest when put under weight to 
prevent a user sliding through it. When the hoist was working correctly Shirley  would 
only be suspended for a matter of seconds before her feet encountered the floor when 
transferring to the scooter. 

She operated the hoist using a handheld control which had 6 buttons for movements 
in every direction, up/down, left/right, and forwards/backwards. 

The local authority employed an independent contractor, Higher Elevation Ltd to 
maintain the working of the hoist. The contractor’s attendance was organised by the 
local authority Asset Management Team (AMT). Higher elevation produced visit report 
sheets which they sent to the AMT. The AMT in turn did not provide the visit reports to 
the OT department. 

In the months leading up to her death Shirley reported problems with the hoist getting 
stuck when trying to lower it and causing her to be suspended in mid-air. This was 
documented in emails to her Occupational Therapist (OT). On the 25/3/21 she 
described being trapped in the hoist for 5 minutes and stating “… the pain all this is 
causing me is immense and the damage to my condition is noticeable…” . 

On the 9/4/21 she emailed her OT describing the hoist lowering problem  as being 
occasional and that it worked normally most of the time. On the same day Higher 
Elevation advised the AMT that the hoist should be replaced. This was not 
communicated to the OT team by the AMT. 

On the 30/6/21 Bureau Veritas UK Ltd, a private company, commissioned by the 
London Borough of Southwark, performed a 6 monthly inspection of the hoist, and 
reported no defects, which could become a danger to persons, were present. That 
report was made to the AMT but not to the OT department. The report does not 

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 indicate that Bureau Veritas was aware of the reports Shirley had made to the OT, 
and the Higher Elevation report of 9/4/23. 

On the morning of 20/7/21 Shirley’s husband found her suspended in the hoist 
halfway between the bed and mobility scooter in an upright position with her feet 
about 2 inches off the floor. 

He manoeuvred her above the scooter using the hoist handheld control, which 
although unable to  lower, was still operating in the horizontal plane. He then used a 
knife and scissors from the kitchen to cut the harness lines to lower her onto the 
scooter and called the ambulance. It is significant that he did not use a red emergency 
cord, located on the hoist unit underside, to lower her. He revealed at the inquest that 
he had not received training on its use. 

He then attempted to perform CPR whilst she was on the scooter because he could 
not move her onto the floor by himself. The ambulance service attended about 10 
minutes later and pronounced life extinct. Rigor-mortis was noted. 

An initial Post-Mortem report, 3/11/21, considered that positional asphyxia was 
possible due to the presence of petechial haemorrhages of the sclera but the 
pathologist, 
Unascertained. A neuropathologist had also been unable to identify a cause of death. 

, was only able to offer the cause of death as 1(a) 

A second pathologist, 
description of the position in which Shirley was suspended in the hoist and concluded 
in a report 2/5/23 that the harness tightened causing compression of the chest which, 
in combination with respiratory weakness, from multiple sclerosis, led to the fatal 
asphyxia. 

,  was provided with a diagram and 

When submitting his report 
publications of  studies of deaths caused by straps and harnesses in different settings 
to illustrate his finding as to the cause of death. The Pathology Report and medical 
publications are attached. 

 provided me with several medical 

Based on the pathology findings I ruled out ‘natural cause’ on the basis that chest 
compression from a mobility hoist harness was not a natural event but the failure of a 
piece of manufactured equipment. I recorded a conclusion of Misadventure because 
death resulted from an unintended mechanical failure of the hoist to lower and the 
unforeseen increasing pressure on the chest area caused by the sling restricting 
Shirley’s breathing movements. 

5 

CORONER’S CONCERNS 

From the evidence I received, at the inquest, there are 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. 

During the inquest I heard evidence of the following matters: 

•  Shirley was an unusual local authority OT service user because she operated 
her hoist and sling mainly without the assistance of a carer because she 
wanted to maintain her independence and dignity as much as possible. 
Because she had mental capacity the OT service respected her wishes. 

•  Shirley’s husband who was the main carer at the time of her death did not 

receive any training from the local authority in safe usage of the hoist and in 
particular use of the red emergency pull cord. It was not clear whether Shirley 
had received any training on the use of the red pull cord when she was 

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 provided with the hoist because there was no paperwork confirming training 
had been delivered. 

• 

I found that when Shirley was suspended in the hoist, she did not use the red 
pull cord, on the underside of the hoist unit,  because it had not lowered and 
because her husband was able to use the hand control to manoeuvre her 
toward the scooter. He would not be able to do this if the red cord had been 
pulled because the electric power would switch off. 

•  Higher Elevation reported inspections of the hoist to the AMT but not to the 
OT department. The AMT, in turn, did not share those reports with the OT 
department. 

•  The Inspection by Bureau Veritas 30/6/23 only reported to AMT but not the 
OT dept. The AMT did not share the report with the OT department. I was 
informed that although the Lifting Operations and Lifting Equipment 
Regulations 1988 (LOLER) did not apply, nonetheless six-monthly 
inspections were performed on a voluntary basis. 

•  The last Bureau Veritas inspection was done without access to reports from 
Higher Elevation and email reports from Shirley to the OT department. 
Veritas reported there were no problems on its last inspection of 30/6/23 over 
2 weeks before the death. That report was made without sight of the Shirley’s 
report to the OT department, on 9/4/21, and the Higher Elevation report to the 
AMT on the same day. 

• 

I was also told by Shirley’s husband that the same model of hoist in the 
bathroom had also failed to lower on occasions. 

•  At present the bedroom hoist, and hoists in the bathroom and living room 

remain in situ at Shirley’s home and are available for inspection.  Shirley was 
a local authority tenant when she died and due to pressure on its housing 
stock the local authority is anxious to re-let the property to new tenants. 
Therefore, it is desirable that the hoists are inspected in situ as soon as 
possible. Otherwise, they will have to be inspected whilst in local authority 
storage. 

• 

I was reassured that the London Borough of Southwark is seeking to 
introduce guidance to its OT service to ensure the risk of recurrence in future 
is reduced in relation to service users operating hoist equipment unassisted in 
their homes. However, given my concern that recurrence should be avoided 
elsewhere in England and Wales I am reporting this to the MHRA to 
investigate and if necessary, alert and give guidance to other local authorities 
regarding the evidence which emerged during my investigation. 

The MATTERS OF CONCERN are as follows.  – 

Awareness of Asphyxia Risk – Service Providers 

1)  The risk of fatal positional asphyxia associated with the use of 

harnesses/slings when hoisting was not appreciated by the OT services and 
AMT concerned with the provision, use and maintenance of the hoist. This 
indicates that training may be required to raise awareness of the risk of 
positional asphyxia in order to reduce the risk of future deaths. I consider it 
important to highlight  to service providers the dangers associated with 
unassisted use of ceiling hoists and sling harnesses. 

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 Awareness of Asphyxia Risk – Users and Carers 

2)  Users and carers did not appear to have been made aware of the asphyxia 
risk associated with hoisting. It was not clear whether Shirley was trained in 
the use of the red cord safety feature on the hoist as there was no 
documentation to confirm this. Her husband and carer had never received 
training in the use of the red cord for emergency lowering. He was also 
unaware of the risks of positional asphyxia when Shirley was operating the 
hoist on her own. My concern is that there may be a general a lack of training 
of users and carers in the operation of this type of hoist and the risk of 
positional asphyxia. 

Information Sharing – Service Providers 

3) 

I am concerned that two departments in the local authority, the OT 
department and AMT, did not share information concerning the condition of 
the hoist, namely, Shirley’s  reports to OT were not shared with AMT and visit 
reports from contractors to AMT were not shared with the OT. Likewise, the 
Bureau Veritas inspection on 30/6/21 appears to have occurred in an 
information vacuum regarding recent problems with the hoist. Whilst the 
Veritas inspection report was shared with the AMT it was not shared with the 
OT department. 

Possible Hoist Design Problem 

4)  There was some evidence that another hoist of the same model in the 

bathroom had a problem with the lowering function and the possibility of a 
fault in the design of the lowering function. I raise this concern to alert the 
MHRA and Prism Medical UK Ltd in order to conduct appropriate safety 
investigations. The hoists are available in situ for a limited period or otherwise 
will be kept in storage by the Local Authority for inspection purposes. 

Inspection of Hoist without background information 

5) 

I am concerned that the Bureau Veritas inspection report of 30/6/21 made no 
reference the report of Higher Elevation and Shirley’s complaint on 9/4/21 
indicating that the inspector was unaware of recent problems. Had they been 
aware they might have been able to detect the problem which caused the 
failure of the hoist to lower on the 20/7/21. 

Enclosures accompanying the Regulation 28 report: 

positional asphyxia. 

 Post-Mortem report 2/5/23, exhibiting 3 academic articles on 

Diagram prepared by 

 (Shirley’s husband). 

Manufacturer’s guidance on the use of Transactive-Xtra hoists. 

6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe your 
organisations 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  day month 2023. I, the coroner, may extend the period. 

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 Your responses 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 who may find it useful or of interest: 

1.  Solicitors representing the London Borough of Southwark. 
2.  Higher Elevation Ltd. 
3. 
 next-of-kin. 
4. 
5. 

 pathologist. 

 pathologist. 

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. 
Dated: 

Signed: 

9 

17th  August  2023 

Christopher Williams 

6

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 Southwark Council (PDF)
Inquest into the Death of Shirley Ashelford 

Response by London Borough of Southwark to the Regulation 28 Report to 

Prevent Future Deaths dated 17.08.23 

1.  LBS was surprised to receive a Regulation 28 Report to Prevent Future Deaths 

(PFD) (the Report/the Regulation 28 Report). The evidence that was heard at 

the inquest and, the indication at its conclusion, was that any PFD would be 

made to the Medicine Healthcare Products Regulatory Agency (MHRA) and not 

to (London Borough of Southwark) (LBS, the Council) in recognition of the fact 

that the risks of positional asphyxia were not well or widely known at the time 

of Ms Ashelford’s death.   

2.  LBS understands that it was noted by HM Coroner in open Court in this case 

that “the CQC penalise organisations when PFD’s are made. That would do an 

injustice in this case, this is not a failure but an opportunity to learn and to make 

the  use  of  hoists  safer”.      It  is  further  noted  that  HM  Coroner  had  general 

concerns that individuals who are “independently minded need to be supported 

but they need to be aware of that risk and use of hoist as safe as possible”.   

3.  As  a  result  of  the  inquest  process  as  a  whole,  LBS  has  given  further 

consideration  to  the  issue  of  self-hoisting  service  users  and  made  some 

changes, which are set out below.  

4.  For ease, this response adopts the numbering from the Regulation 28 report 

dated 17 August 2023.  

Items 1 and 2 - Awareness of Asphyxia Risk – Service Providers and Users and 

Carers 

5.  The risk of death or injury would be most likely to occur in the very rare situation 

where a service user has the skills combined with both the independence and 

motivation to use a hoist independently. The additional risk of fatal positional 

asphyxia may specifically be more likely if somebody has a diagnosis that can 

 
 
 
 
 
 
 
 
 be associated with problems with swallowing effectively, such as Parkinson’s.  

At the time of her death Ms Shirley Ashelford was the only service user in the 

whole Borough who independently self-hoisted. Ms Ashelford became a self – 

hoister in 2008 and at that time, she was the only self – hoister.  This has been 

the case for the last 15 years.  

6.  As was explored in the inquest and acknowledged by HM Coroner, the risk of 

positional asphyxia is not a well-known about risk.   

7.  Part of the rarity of the risk is that it is unusual to have someone ‘self-hoist’.  In 

the vast majority of cases, individuals are supported to use hoisting equipment 

with  a  carer  and  so  there  is  always  the  safety  mechanism  by  which  the 

equipment is used when there is someone else present and able to help or call 

for help, if required.  

8.  Whilst it was accepted during the inquest that LBS had taken steps to protect 

Ms  Ashelford  by  offering  a  care  package,  a  pendant  alarm  and  a  micro 

environment  in  a  room  downstairs  when  she  started  reporting  concerns  with 

her hoist, LBS has reflected upon matters that arose in the inquest. As part of 

this LBS has now developed a policy and checklist, titled “Self Hoisting Policy 

London Borough of Southwark”,   which is to be followed in the event LBS is 

working with a service user who expresses the motivation and demonstrates 

both the mental and physical capacity to use a hoist independently. As set out 

above, there are no current service users who fit this categorisation.  However, 

the policy is now in place in the event that such occurs in the future.  

9.  In  such  an  eventuality,  the  service  user  will  be  advised  that  there  are  risks 

present in the event of using a hoist. This could include asphyxiation (choking) 

or other sudden onset of illness which could result in serious injury or death. 

The  new  policy  and  checklist  will  support  the  Occupational  Therapist  and 

resident to agree the mitigating factors to reduce/remove this risk.  A copy of 

the policy with checklist is attached to this response. 

 
 
 
 
 
 10. This  new  policy  (which  contains  a  checklist)  will  be  placed  on  Adult  Social 

Care’s  internal case management  system and  the  information  will  shared  by 

the Occupational Therapy Team Manager and Principal Occupational Therapist 

with  all  relevant  staff    It  will  also  be  included  in  the  new  starter  induction  to 

advise new starters within the service. LBS also proposes to have a training 

session on the new policy. This training will be provided to the approximately 

23 OTs who are currently employed by LBS’ Social Care. It will also include OT 

apprentices and students, team managers and health colleagues (that is, OTs, 

sitting within Health e.g. the reablement team that will be invited).  

11. The  outline  of  the  new  policy/checklist  is  structured  on  the  Risks  to  Service 

users  known  to  self-hoist  and  transfer  using  ceiling  track  hoists  Health  and 

Safety Executive Safety Alert Bulletin FOD WSW2-2010 and includes: 

a)  A reminder of the checks necessary before the equipment is used;  

b)  Recording of the demonstration of how any lowering equipment should 

be used;  

c) 

Information on how to report any adaptation faults;  

d)  A recorded plan of how a service user can seek help in an emergency 

i.e. use of a telecare pendant or mobile phone within reach.  

12. The  checklist  will  need  to  be  signed  by  the  service  user  and  any  relevant 

person, even if informally involved in the service user’s care. The service user 

will be reminded to contact Adult Social Care if their needs change, and if they 

reconsider accepting care for hoisting.  

13. In the event LBS works with clients who are known to self-hoist in the future 

they  will  not  be  ‘discharged’  from  Occupational  Therapy’  and  instead  will  be 

invited for a reassessment yearly, or sooner if their needs are known to have 

changed.  

14. For the avoidance of doubt, this new process will be used very specifically when 

working with service users known to self-hoist and transfer.   The policy and 

checklist will be used as an additional precaution to supplement the moving and 

handling plans that LBS issues where there is particular/individual moving and 

 
 
 
 
 handling advice which needs to be confirmed. The Occupational Therapist will 

provide  demonstrations  to  the  service  user  and  any  relevant  person  even  if 

informally involved in the service user’s care, as required and until competency 

of moving and handling techniques is confirmed.  

15. When  a  contractor  installs  mobility  equipment,  which  includes  hoists,  the 

contractor demonstrates the use of the equipment, and the service user signs 

to  say  they  have  been  shown  how  to  use  the  equipment.   The  housing 

adaptations team save this on its case management system against the clients 

file.   

Item 3 Information Sharing – Service Providers 

16. The Asset Management/ Engineering Services team (AMT/ES) is responsible 

for  the  service,  repair,  maintenance  &  inspection  of  mobility  equipment 

(AMT/ES).  Asset  Management  Home  Adaptions  Team  (AMT/HAT)  has 

responsibility  for  the  survey  and  installation  of  Mobility  equipment.    The 

Occupational  Therapy  (OT)  team  is  responsible  for  recommending  the 

appropriate type of equipment based on their assessment of the person’s need.  

17. In relation to sharing information between the Occupational Therapy team and 

the Asset Management Team: this was a deliberate decision.  There were, and 

remain concerns, that the O.T. team will be overburdened by information if they 

are  sent  every  email  or  piece  of  paperwork.  The  purpose  behind  having  a 

division of departments is so they can focus their resources on matters where 

their expertise is.  That said: if there are issues with a piece of equipment, of 

course the Occupational Therapist needs to know.   

18. The usual procedure for reporting faults/raising repairs is that a resident would 

contact the call centre to report a fault and the call centre would raise the order 

for  the  contractor  to  attend.  If  the  matter  is  escalated,  as  it  appears  to  have 

been in this case, the report can be sent by any interested person directly to 

AMT/ES.   

 
 
 
 
 
 
 19. When  Higher  Elevation  (contracted  by  AMT/ES  at  the  time)  referred  the 

bedroom ceiling hoist for replacement, it is believed that liaison/communication 

between OT and AMT/ES and AMT/HAT, in relation to assessing/procuring the 

new hoist, took place in a reasonable manner. Please refer to paragraphs 38 – 

44  of  Mr  Kitchener’s  witness  statement  dated  05.06.23.  Bureau  Veritas,  or 

indeed any contractor, would normally, at that time only report back to AMT/ES.  

20. Under normal circumstances, OT’s usual line of communication with AMT is via 

AMT/HAT, to whom AMT/ES would have fed any relevant information. It is only 

in exceptional circumstances that OT will communicate directly with ES or vice 

versa.  In  this  particular  case  and  due  to  the  specific  nature  of  the  hoist  the 

contractor  was  unable  to  supply  a  suitable  replacement  hoist  and  a  re-

assessment  request  was  sent  directly  by  AMT/ES  to  OT.    OT  sent  the  re-

assessment to AMT/HAT, who then sent an order for installation shortly after. 

The  whole  process  from  the  recommendation  for  replacement  to  a  new 

proposed  installation  date  took  around  two  months.  During  this  period,  the 

bedroom-ceiling hoist was considered operable and useable and continued to 

be covered by the AMT/ES repairs contract. 

21. It was also established that OT or AMT/HAT did not have direct access to the 

fault repair records. Steps have now been put in place to remedy this such that 

both OT and /or AMT/HAT can access relevant fault repair records, as required 

– this is explained further below.  

22. In order to address the issue of sharing information, Engineering Services team 

(AMT/ES) has set up a Fault Repair Reporting System; this is contained in a 

folder that will log all call outs for repairs to mobility equipment each month. The 

information will be kept up to date and located in a shared folder, with access 

available to both AMT/HAT and AMT/ES. The OT team also has access to this 

folder however they will not be expected to check the folder on a regular basis.  

Instead, they will obtain information regarding faults as detailed in paragraph 

24 below.  AMT/ES currently sends this information to the insurance contractor 

(formally Bureau Veritas, now replaced by HSB) on a monthly basis until such 

 
 
 
 a time as access can be provided to them. This folder will enable the insurance 

contractor to see faults reported to equipment, including re-occurring issues.   

23. The detailing of repairs on the excel sheet will enable information to be collated 

with regards to reoccurring repairs over a period of time and whether the repair 

is economically viable.   

24. Currently, there is a regular quarterly meeting between AMT/HAT and the OT 

team.    Following  the  inquest,  self  –  hoisting  cases  and  the  issues  arising 

therefrom, has become a rolling item on the agenda. AMT/ES will also now be 

attending  these  meetings.    As  part  of  this,  AMT  will  make  OT  aware  of  any 

engineering concerns regarding equipment in situ, being used by self – hoisters 

and action that is being taken to resolve such concerns.  

Item 5 Inspection of Hoist without background information 

25. As  the  Coroner  heard  from  the  evidence  called  at  the  inquest,  the  Bureau 

Veritas inspector would not have been told of the report of Higher Elevation and 

Ms Ashelford’s’ complaint on 9/4/21, because a ‘fresh eyes’ approach was  the 

preferred industry standard.  

26. The recommendation (by the AMT/ES’ contractor) for the replacement of the 

bedroom-ceiling hoist was based on the fact that a number of callouts had been 

made  in  previous  months;  that  recommendation  was  not  based  on  any 

evidence  to  suggest  the  equipment  was  unsafe  or potentially  unsafe  to  use.  

Job sheets and service sheets from Higher Elevation produced as evidence at 

the inquest portrayed the condition of the equipment as serviceable, of good 

working  order  and  that  many  key  parts  had  been  replaced.  The  last  call 

recorded  by  Higher  Elevation  on  09/04/21  recorded  the  equipment  as 

“working”.  

27. In a period of 16 months between 22/01/20 to the 09/04/21 there had been five 

callouts for repairs; three of these occurred in the months March to April 2021.  

 
 
 
 
 
 
 
 The last independent inspection report from Bureau Veritas was on 30/06/21, 

reporting the equipment safe to operate. The evidence the local authority had 

did not show that any fault was evident or present during the last visits made 

by  both  the  service  provider and  the  independent  inspector.   The equipment 

was confirmed in the last two separate independent visits as working and safe.  

Under these circumstances, other than the recommendation to replace the unit, 

there  was  nothing  from  the  engineer’s  report  that  would  have  influenced  the 

response from the inspector so as to change the outcome of his report.  

28. AMT/ES  team  has  met  with  the  local  authority’s  current  inspection  provider, 

HSB Engineering Insurance Limited (HSB), to discuss the concerns raised by 

HM Coroner as to the sharing of background information/previous inspection 

reports.  In response to the question about supplying them with service records 

and  operational  information,  HSB  has  stated  that  the  provision  of  additional 

information other than whether the asset was at the location or is in use would 

not be of particular relevance for their independent inspection. The reason for 

this  being  that  these  are  statutory  inspections  which  are  governed  by  the 

provisions  of  the  Lifting  Operations  and  Lifting  Equipment  Regulations  1998 

(LOLER),  safe  working  practices  laid  out  by  industry  standard  and  company 

method  statements.  The  provision  of  any  additional  information  would  not    

have not influenced or altered the outcome given that the inspections had to be 

undertaken to specific requirements.  

29. In addition, LBS has asked staff to ensure that they make it clear to third party 

contractors who supply and install equipment, that they should:  

a)  Provide  the  user  and  any  other  member  of  the  household  or  carer 

responsible for operating the equipment, a thorough demonstration of the 

day to day operating process;  

b)  Ensure that this process shall include a demonstration by the user(s) to the 

installer, that they are competent in using the installation;  

c)  Provide written confirmation to the Council that the demonstration has been 

carried out – the written confirmation is to be signed and dated by the user 

or others responsible for its operation.  

 
 
 d)  Collect  evidence  of  resident  satisfaction  (including  any  comments)  on 

completion of works and document it on Case Manager.  

30. HAT  will  review  all  collected  and  uploaded  documentation  referred  to  at 

paragraph 29 above.  

Conclusion 

31. The council recognises that steps must be put in place to ensure that in future, 

any such death can be prevented and that everything must be done to ensure 

the highest standard of safety and wellbeing of all residents. As set out above, 

there is no current self – hoister in the borough. The council has reviewed its 

practices/policies in light of the inquest and the Regulation 28 Report and it has 

taken, and is continuing to take,  steps to ensure  that the concerns raised by 

HM Coroner are addressed. Some of these steps include the following:  

i.  A number of interdepartmental meetings has occurred with representation 

from all parties 

ii.  A new policy, the “Self Hoisting Policy London Borough of Southwark”, has 

been developed  

iii.  Adding the issue of self hoisters as a standing item to the OT/AMT Quarterly 

meetings  

iv.  A  monthly  Fault  Repair  Report  (in  spreadsheet  format)  containing 

information on repairs is now made available for the inspection provider and 

AMT/HAT and OT to view, as required.   

v.  The lift contract is in transition currently to a new contractor. Once in place 

the new mobility equipment provider will be requested to supply a regular 

updated risk register to highlight areas of concern. This will include those 

sites subject to multiple visits. 

 
 
  
 
 
 
 
 
 vi.  The  AMT  department  has  procured  the  services  of  “True  compliance”  to 

deliver  an  IT  compliance  solution.  This  will  enable  the  council  to  store 

multiple data information sources against a property file and provide access 

to a range of users.  The intention is that the service reports and inspection 

reports will be stored and that access can be provided to all stakeholders to 

include OT and the inspection provider. The system allows access to be via 

an app, which can be downloaded to handheld devices and used whilst on 

site. It is expected that it will take at least a year to put this in place.  It should 

be noted that to prevent OT being provided with excessive information they 

will  not  access  these  reports  regularly  and  will  instead,  be  provided  with 

information at the quarterly meetings. 

London Borough of Southwark  

Date: 31st January 2024

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