Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0230, written 30 Apr 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 30 Apr 2024 |
|---|---|
| Reference | 2024-0230 |
| Deceased | Marlin Burrows |
| Coroner | Nicholas Rheinberg |
| Coroner area | Liverpool and Wirral |
| Category | State Custody related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 2 |
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:
1. Governing Governor HMP Garth
2. Head of Healthcare HMP Garth
1
CORONER
I am Nicholas Leslie Rheinberg, assistant coroner for the coroner area of Liverpool and
Wirral
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 24th August 2022 an investigation into the death of Marlin John Burrows aged 45 was
opened. The investigation concluded at the end of the inquest on 29th April 2024. The
conclusion of the inquest was that the deceased died from multi-organ failure due to
serotonin syndrome due to drug toxicity including amitriptyline toxicity. The jury found
that the deceased had died as a result of an accident, a failure to consult Tox Base and
failing to identify that the deceased was prescribed amitriptyline, contributing to his
death.
4
CIRCUMSTANCES OF THE DEATH
Marlin Burrows was found on 15th August 2022 collapsed in his cell at HMP Garth.
Prison and Healthcare staff assumed that he was intoxicated through Psychoactive
substances. A quantity of prescribed medication was found in the cell including
amitriptyline. Healthcare staff failed to recognise that the drugs were not prescribed for
the deceased and failed to consult Tox Base in order to determine the toxicity of
amitriptyline if taken in excess. A Welfare Log was opened by prison staff but only
completed intermittently and not consulted by medical staff. In the early hours of 16th
August 2022 having been in a semi-conscious state for nearly 15 hours the deceased
collapsed and died.
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) The existing welfare sheet lacks clarity as to its exact purpose in terms of monitoring
a prisoner whose health is of concern.
(2) The sheet contains little guidance in relation to its completion.
(3) Entries on the sheet made by prison staff appear not to be made known to attending
medical staff
(4) The nature and operation of the sheet appears not to have been the subject of joint
consideration on behalf of both prison and healthcare
1
6
ACTION SHOULD BE TAKEN
In my opinion action should be taken to prevent future deaths and I believe you 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 22nd June 2024 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 namely the family of the deceased.
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
Dated 30th April 2024 SIGNED
Nicholas Rheinberg Assistant Coroner
2
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.
Trust Management Offices
First Floor, The Curve
Bury New Road
Prestwich
Manchester
M25 3BL
PRIVATE AND CONFIDENTIAL
Mr Nicholas Rheinberg
Lancashire and Blackburn with Darwen Coroners Office
2 Faraday Dr
Fulwood
Preston
PR2 9NB
18th June 2024
Dear Mr Rheinberg
Re: Marlin John Burrows (DoB 13/02/1977 DoD 16/08/2022)
Thank you for highlighting your concerns following the inquest of Mr Burrows, which concluded
on the 29th of April 2024. On behalf of Greater Manchester Mental Health NHS Trust, I would
like to offer Mr Burrows’ family our sincere condolences for their loss.
During the inquest you heard evidence that gave rise to the following matters of concern:
(1) The existing welfare sheet lacks clarity as to its exact purpose in terms of
monitoring a prisoner whose health is of concern.
(2) The sheet contains little guidance in relation to its completion.
(3) Entries on the sheet made by prison staff appear not to be made known to
attending medical staff.
(4) The nature and operation of the sheet appears not to have been the subject of
joint consideration on behalf of both Prison and Healthcare.
Following the conclusion of the Inquest,
met with the Governors of HMP Garth,
concerns.
, Head of Healthcare for HMP Garth has
, to address these
Our prison partners have informed us that nationally the picture has changed. His Majesties
Prison and Probation Service (HMPPS) are developing national guidance for the management
of people under the influence and that this process is currently going through consultation with
Greater Manchester Mental Health NHS Foundation Trust, Trust Headquarters,
Bury New Road, Prestwich, Manchester M25 3BL.
Page 1 of 2
their recognised trade unions. This national policy will address the concerns you raised in
points 1, 2 and 4.
In respect of point 3 Entries on the sheet made by prison staff appear not to be made
known to attending medical staff
All Healthcare staff attending prisoners have been informed that they must request the welfare
checklist document on arrival at the wing, ensuring they have read and understood the entries
to inform clinical decision making. This will be evidenced by them signing the sheet to say they
have reviewed the information and their entry in the clinical record will state they have
reviewed the welfare checklist and communicated with prison staff as part of their clinical
assessment. In addition to this, assurance checks will be completed monthly by the Primary
Care Manager who will review the welfare check sheets ensuring the attending staff have
reviewed and signed the sheets as part of their assessment. This will be cross referenced
with the clinical record to ensure that this information was considered when undertaking the
assessment.
A Standard Operating Procedure (SOP) will be co-produced with prison staff following the
publication of national guidance from HMPPS for prisoners who present as under the
influence. This SOP will be shared widely with colleagues across the prison. We would be
happy to provide a copy of this document to your Coronial Office should you wish.
In addition, the Head of Nursing and Quality for the Health & Justice Division at GMMH will
work with the Healthcare staff at HMP Garth to develop some training and awareness sessions
for prison staff around the use of the welfare checklist and the associated guidance once the
national policy is implemented.
Can I thank you again for bringing these matters of concern to the Trust’s attention. I hope our
response has gone some way to address your concerns. If you have any further questions in
relation to the Trust’s response, please do let me know.
Yours Sincerely
Medical Director
GMMH
Greater Manchester Mental Health NHS Foundation Trust, Trust Headquarters,
Bury New Road, Prestwich, Manchester M25 3BL.
Page 2 of 2
OFFICIAL
Director General Operations
HM Prison and Probation Service
8th Floor Ministry of Justice
102 Petty France
London
SW1H 9AJ
Mr Nicholas Rheinberg
HM Assistant Coroner, Liverpool & Wirral
Gerard Majella Court House
Boundary Street
Liverpool
L5 2QD
September 2024
Dear Mr Rheinberg,
Thank you for your Regulation 28 report of 30 April addressed to the Governor and Head of
Healthcare at HMP Garth following the inquest into the death of Marlin Burows on 16
August 2022 at HMP Garth. I am responding as Director General of Operations for His
Majesty’s Prison and Probation Service (HMPPS). I am grateful to you for granting an
extension for our response.
I am aware that Greater Manchester Mental Health (GMMH) NHS Foundation Trust have
responded separately and therefore my response will focus on matters within the remit of
HMPPS.
I know that you will share a copy of this response with Mr Burrows’ family, and I would first
like to express my condolences for their loss. Every 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 concerns about the welfare check
processes at HMP Garth, including the welfare check sheet used by staff to monitor
prisoners who are suspected of being under the influence of illicit substances. I am grateful
to you for bringing your concerns to my attention.
I am pleased to inform you that HMPPS is currently developing national guidance for all
staff managing prisoners who are under the influence of illicit substances. The guidance has
been developed by the national Substance Misuse Group with contributions from internal
and external stakeholders, including from areas such as health, and safety. Its purpose is to
provide structured guidance for prisons to support the development of local under the
influence guidance that will ensure that there is a consistent and safe response to the
management of prisoners. It is important to note that this guidance does not replace
healthcare advice and in a medical emergency instructions and advice from healthcare
colleagues must be followed as a priority.
The guidance is currently in the consultation stage, and while I am hopeful that this will go
live by the end of the year this will be dependent on what the consultation identifies and
OFFICIAL
OFFICIAL
whether further changes are required. I can confirm that your concerns have been shared
with the Substance Misuse Group for consideration to ensure that the guidance addresses
them.
Once agreed, the guidance document will be rolled out via the regional and local drug
strategy leads, and they will be responsible for developing local guidance. The Substance
Misuse Group will deliver additional training and support if necessary, and through their
rolling programme of support, assurance checks will be conducted to ensure that under the
influence guidance has been developed and embedded at each prison.
In the meantime, I have received assurance from the Governor of HMP Garth that following
the inquest meetings have been held between prison and healthcare colleagues to ensure a
joined up approach going forward. Once national guidance is available, a standard
operating procedure will be produced so that all prison and healthcare staff understand
what they are expected to do when carrying out welfare checks on prisoners being
monitored under the influence. GMMH have also committed to developing local training and
awareness sessions around the use of the welfare check sheet once national guidance has
been published.
I am also informed that healthcare staff now request the welfare sheet upon arrival onto
wings to ensure that they have had the opportunity to review and consider entries that may
inform any clinical decision making.
Thank you again for bringing your concerns to my attention. I hope that this response
provides assurance that action is being taken to address your concerns.
Yours sincerely
Director General of Operations, HMPPS
OFFICIAL
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