Prevention of Future Deaths reports · 2024

Erik Marshall

Regulation 28 report to prevent future deaths, reference 2024-0222, written 25 Apr 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report25 Apr 2024
Reference2024-0222
DeceasedErik Marshall
CoronerMarilyn Whittle
Coroner areaSouth Yorkshire (West)
CategoryChild Death (from 2015) · 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 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

NHS Cheshire and Merseyside Integrated Care Board  1 Lakeside 920 
Centre Park Square Warrington, WA 1 1 QY. 

1 

CORONER 

I am  Marilyn Whittle,  assistant coroner, for the coroner area of South Yorkshire 
(West) sitting in Cheshire 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  18  October  2023  an  investigation  was  commenced  into  the  death  of  Erik 
Leigh  Marshall,  a  17  year  old  male  born  in  Warrington.  The  investigation 
concluded  at the  end  of the  inquest  on  25  April  2023.  The  conclusion  of the 
inquest was death by misadventure. 

The medical cause of death was: 

1a.  Asphyxiation 
1b.  ligature hanging 
2  ASD ADHD anxiety. 

4 

CIRCUMSTANCES OF THE DEATH 

Erik  Marshall  died  on  30  September 2023  at  his  home  address 
  in  Cheshire.  He was  found  suspended  by  a  ligature 

. 
Prior to  this  he had  suffered from ADHD,  mental health  issues and  had  recently 
received a  clinical  diagnosis  of autism.  Erik's sensory needs and  mental  health 
presentation  meant  that  he  habitually  partly  drowned  himself  in  the  bath 

 to  experience a buzz and the feeling 

of numbness in  his arms and legs. 

Erik's  mental  health  needs  were  being  treated  in  the  community  following  an 
inpatient  admission  at  ancorra  house  and  the  Priory.  During  admission  to  the 
Priory  Erik  was  clinically  diagnosed  with  autism .  Following  discharge from  the 
Priory  the  plan  was  to  obtain  a  sensory  assessment  through  OT  in  the 
community  to  help  him  with  the  high  risk  sensory  behaviours.  The  Child 
Development  Centre  (CDC),  part  of  Bridqewater  Community  Healthcare  NHS 

 
 
 Trust,  were invited to the CPA meetings and were aware of Erik.  Referrals were 
made  to  the  CDC  for  an  ADOS  assessment  and  OT  input  in  May  2023.  The 
CDC  responded  to  state  they did  not require  an  ADOS  assessment to  provide 
the  support but they did want to  review the assessment undertaken at the Priory 
to  see  if this  complied  with  NICE  guidance  before  any  referral  to  their  nurses 
was  made.  They  also  made  a  decision,  based  on  the  limited  information  that 
they had been provided and without speaking to any clinician  or family member, 
that Erik's  mental  health  need was more prominent than  the sensory need. The 
CDC were still waiting for further information regarding the autism assessment in 
the  Priory  in  August  2023,  yet  made  no  attempt  to  chase  this  up.  I  received 
evidence  that escalations were  made for specialist  input for  his  sensory  needs 
because  it  was  identified  without  this  it  was  likely  to  deteriorate  and  his  risk 
increase.  The  OT  referral  was  not  accepted  because  of  Erik's  age  and  that 
whilst he was signposted to adult services these would only assist when he was 
18  because  there  was  a  commissioning  gap.  Following  escalation  to  the  ICB 
specific funding  was  put in  place for access to the sensory hive for Erik but the 
initial  appointment  only  occurred  on  22  September  2023  and  Erik  was  found 
deceased in the back garden of his home 8 days following this. 

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.  -

I was provided with evidence that the OT referral  made to the Chi ld 
Development Centre in Warrington was not accepted because  Erik was 17 
years old and they were only commissioned to age  16.  I was informed that there 
was no provision in  comm issioning for new OT referrals for sensory needs and 
that he was signposted to possible adult services although these would only 
accept him once he was 18. A gap in  the  commissioning and support for these 
high risk individuals was identified. 

6  ACTION SHOULD BE TAKEN 

In my opinion action should be taken to  prevent future deaths and I believe you 
and 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 20 June 2023.  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 

2 

 I have sent a copy of my report to the Chief Coroner and to the following 
Interested Persons: 

Warrington  Borough Counsel 
Bridgewater Community Healthcare NHS Trust. 

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 

25/04/2023 Marilyn Whittle 

-

3

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 Cheshire and Merseyside (PDF)
14 June 2024 

Dear Mrs Whittle 

M Whittle 
HM Assistant Coroner (South Yorkshire 
West) 
Sitting at Cheshire Coroners Court  

Re: Regulation 28 Prevention of Future Deaths Notice - Erik Leigh Marshall 

Thank you for your letter dated 25th April 2024 sent following the conclusion of your inquest into 
the death of Erik Leigh Marshall. 

I understand that you will share our response with Eriks family, and I wish to pass on our sincere 
condolences for their loss.   

Through the Regulation 28 letter you have raised a concern which involves NHS Cheshire and 
Merseyside Integrated Care Board. 

Following the investigation and inquest into the death of Erik Leigh Marshall it has been 
requested by yourself what provisions will be put in place to address the commissioning gap 
for ‘Occupational Therapy’ (OT) services for 16–18-year-olds in Warrington.  

NHS Cheshire & Merseyside Integrated Care Board recognise this gap in provision and in 
response to this request can confirm the following action: 

Our Cheshire and Merseyside Commissioning Board (C&M ICB) intends to commission the 
Occupational Therapy service for Children and Young People up to the age of 18 years and 
364 days.  This will be in place from December 2024. 

The current service offer for children up to the age of 16 is listed below, from December this 
offer will be available to young people until the day before their 19th birthday (when they will 
transition to the adults service). 

•  Assessment and advice for children and young people with sensory processing difficulties/ 

sensory integration. 

•  Specialist advice and training on therapy interventions for parents and carers where clinically 

appropriate. 

•  Specialist therapy for assessment, treatment, and advice for children and young people with 

complex health needs as indicated by clinical requirement. 

•  Young people will be supported in the transition to adult services and a transition plan is in 

place. 

•  A service which is fully aware of and involved in safeguarding processes for children and 

• 

young people. 
Involvement and Engagement with children, young people, and their families (the service will 
develop innovative, accessible methods of engaging with service users and gaining their 
feedback and they will report on this at regular intervals.) 

•  Collection and evaluation of feedback from children, young people, and parents/carers on 

informing the design and delivery of the local health services for them.  

•  Work towards relevant accreditations and standards as described in national and local guid-

ance. 

•  Specialist therapy for assessment, treatment and advice in maximising Motor Skills and ac-

tivity programmes to maximise children’s functionality levels in everyday activities. 

NHS Cheshire and Merseyside 
No 1 Lakeside, 920 Centre Park Square 
Warrington, WA1 1QY 

Communications@cheshireandmerseyside.nhs.uk 

Cheshireandmerseyside.nhs.uk 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 •  Assessment and recommendation of equipment for schools and nurseries only e.g. toileting 

and seating. 

•  Assessment and recommendation of children requiring orthotic provision to Warrington and 

Halton Hospital Financial Trust, or appropriate provider. 

NHS Cheshire and Merseyside Integrated Care Board are deeply saddened by the death of 
this young person and hope this provides a satisfactory response to the request.  

I am grateful to you for raising these issues with the NHS Cheshire and Merseyside ICB and I 
hope that this response has addressed the concerns raised. Should you require any further clar-
ification or information, please do not hesitate to contact me. 

Yours sincerely 

Executive Director of Nursing & Care 

NHS Cheshire and Merseyside 
No 1 Lakeside, 920 Centre Park Square 
Warrington, WA1 1QY 

Communications@cheshireandmerseyside.nhs.uk 

Cheshireandmerseyside.nhs.uk

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