Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0336, written 21 Jun 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 21 Jun 2024 |
|---|---|
| Reference | 2024-0336 |
| Deceased | Terrence Taylor |
| Coroner | Keith Morton |
| Coroner area | Cambridgeshire and Peterborough |
| Category | Care Home Health related deaths · Product related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 3 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
REPORT TO PREVENT FUTURE DEATHS Pursuant to paragraph 7 of Schedule 5 of the Coroners and Justice Act 2009 and Regulations 28 and 29 of the Coroners (Investigation) Regulations 2013 REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. The Secretary of State for Health and Social Care 2. The Chief Executive, Care Quality Commission 3. The Chief Executive, British Standards Institute 1 CORONER I am KEITH MORTON KC, an Assistant Coroner for the coroner area of Cambridgeshire and Peterborough 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 7 January 2021I commenced an investigation into the death of Terrence Roy Hubert Taylor, who died on 11 December 2020, aged 82. The investigation concluded at the end of the inquest before me and a jury on 20 June 2024. 4 CIRCUMSTANCES OF THE DEATH 1. Mr Taylor was a short term resident at a residential care home. He suffered from confusion and memory loss following a stroke. He had absconded from a previous care home on a number of occasions via a fire exit. In order to ensure his safety he was moved to another care home which was reasonably considered to be secure. 2. He had a room on the first floor. The doors from the floor and to the outside were locked. The windows had window restrictors which complied with British Standard BS EN 14351-1 and BS EN 13126-5. These standards specify that window restrictors should be effective to withstand a static force of 350N for 60 seconds and restrict the window from opening more than 100mm. The window restrictors had been properly fitted and maintained. 3. The jury concluded, in summary and in so far as relevant, that during the early hours of 11th December 2020, while alone, Mr Taylor overcame a window restrictor, climbed out of a first floor window and fell to the ground, sustaining injuries from which he died. 4. The evidence was clear. An 82 year old man was able to apply sufficient force to detach the fixing which secured the window restrictor to the window frame. He was able to do so without the use of tools. 1 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: 1. The concern relates to the guidance provided to operators of residential care homes in respect of window restrictors and the standard they are required to meet. The current standards have been developed to prevent accidental falling from windows. They do not deal with deliberate attempts to defeat the restrictor, which may well be the situation encountered residential care homes, as in fact occurred in this case. This limitation is not known or understood by operators of residential care homes. 2. In December 2013 the Department of Health published Health Building Note 00-10 Part D: Windows and associated hardware. That guidance was not directed to residential care home provides. The Guidance was updated following an earlier Coroner’s report to prevent future deaths addressed to the Chief Medical Officer. That Guidance Note provides that “… window restrictors tested to current British Standards may be inadequate in preventing a determined effort to force a window open beyond 100mm …”. It also noted that: “… The relevant tests for restrictors cited in BS EN 14351-1 and BS EN 13126- 5 have been developed to prevent accidental falling from windows … None of the British and European Standards deal with deliberate attempts to defeat the restrictor using impact forces, which may be the situation encountered un hospitals and care homes”. 3. The evidence was that this Guidance was not generally known or understood by operators of residential care homes or manufactures or suppliers of window restrictors. 4. In 2019 the Health and Safety Executive published Research Report RR1150 Review of Window Restrictors use in Health and Social Care. The outcome of that research was that in order to protect vulnerable people in health and social care premises: “… it is suggested that window restrictors (and their fixings) are capable of withstanding push forces of at least 850N …”. 5. Thus the HSE’s research suggests that window restrictors in health and social care premises should be able to withstand forces very much greater than that of the British Standards. 6. The evidence was that this research was not generally known or understood by operators of residential care homes or manufactures or suppliers of window restrictors. 7. Operators of care homes are likely to consider they are taking reasonable steps to secure windows by fitting restrictors that meet the British Standards, whereas the 2013 Department of Health Guidance and the 2019 Health and Safety Executive research indicates that is not so. 8. Action is required to ensure operators of care homes are provided with reliable, up to date guidance and to ensure that the limitations of the British Standard are widely known and understood by operators of residential care homes. 9. Action is required to review the British Standard relating to window restrictors 2 to consider whether some different standard or qualification to the existing standard is required in respect of residential care homes and/or deliberate acts to disable window restrictors. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you and your organisations 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 16 August 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: 1. The Family of Mr Taylor 2. Larchwood Care Homes (South) Limited 3. SuperSeal I am also under a duty to send a copy of your response to the Chief Coroner and all interested persons who in my opinion should receive it. I may also send a copy of your response to any other person who I believe may find it useful or of interest. 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. 9 Keith Morton KC Assistant Coroner for Cambridgeshire and Peterborough 21st day of June 2024 3
3 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.
HM Coroners Officer
Cambridgeshire & Peterborough Coroner Service,
Lawrence Court, Princes Street, Huntingdon, PE29 3PA
BY EMAIL
Email:
Your reference:
12 August 2024
Dear Sir,
Terrence Taylor: Prevention of future deaths report
I.
Introduction
1. This letter constitutes BSI’s response to your regulation 28 report arising out of the death
of Mr Terrence Taylor (“the Report”).
2. BSI would like at the outset to express its deepest sympathy and condolences for the
family of Mr Taylor.
3. The Report includes the following:
______________________________________________________________________________________________________________________________________________
BSI Group The Netherlands B.V.
Say Building John M. Keynesplein 1-27
Amsterdam Bergen 1066 EP
Netherlands
bsigroup.nl
BSI. All rights reserved. © 2024
“Action is required to ensure operators of care homes are provided with reliable, up to date
guidance and to ensure that the limitations of the British Standard are widely known and
understood by operators of residential care homes.
Action is required to review the British Standard relating to window restrictors to consider
whether some different standard or qualification to the existing standard is required in respect
of residential care homes and/or deliberate acts to disable window restrictors.”
4. In accordance with its usual practice, BSI passed the Report to the responsible expert
committees, who have replied as detailed below. We believe that constitutes compliance
with the required actions, but would be pleased to assist if the coroner has any further
questions.
II.
The role of BSI
1. BSI’s role as the NSB is established by Royal Charter. BSI has several governing documents
(available online at
https://www.bsigroup.com/en-GB/about-bsi/governance/standards-governance/):
a. BSI’s Royal Charter and Bye-laws 1981;
b. A Memorandum of Understanding (MoU) of 20 June 2002 between the United
Kingdom government and BSI in respect of BSI’s activities as the United Kingdom’s
NSB;
c. BS 0: 2021 ‘A standard for standards – Principles of standardization’ (BS 0)
2. Article 1.2 of the MoU provides that BSI’s role as the NSB should be interpreted to include
the management, co-ordination and understanding of:
a) “British Standards” and “other standardization products”;
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© 2024 BSI. All rights reserved.
b) participation by BSI in European and international standards bodies, and other
international activity undertaken in the interests of BSI as the United Kingdom’s NSB;
c) promotion, marketing, distribution and information activities concerned with British
Standards, BSI’s other standardisation products, and standardisation generally;
d) support any corporate infrastructure activities intended, wholly or in part, to enable
paragraph 9(a) to (c) above.
The Director of Standards has the primary responsibility for the activities set out in
paragraph 9(a) to (d). BSI’s present Director of Standards is
(his full title
is ‘Director–General, Standards’, which incorporates the role of Director of Standards).
3. BSI develops and distributes standards in response to the needs of UK stakeholders, which
include UK Government and business. Standards are technical documents representing
good industry practice. They are voluntary documents drafted by independent experts.
III.
Standards committee structure
4. Each individual standard is the responsibility of one technical committee. A technical
committee may be responsible for more than one standard, and may establish
subcommittees to deal with individual standards or other discreet areas of its work.
5. Technical committees and sub-committees consist primarily of experts who are
independent of BSI, and who are often nominated by trade associations, professional
bodies, research/scientific institutions, government or other entities (see BS 0, para 7.2).
They have an independent chair and BSI provides a committee manager and other support
including an editorial project manager for each standard.
6. The committees referred to in this letter are examples of such committees.
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© 2024 BSI. All rights reserved.
IV.
Status of Standards
7. The defining characteristic of standards is that they are voluntary, agreed by industry
experts and users, including manufacturers, health and safety representatives, regulators
and consumer groups. They do not have the status of legislation or regulation (unless
specifically referred to in a statute or regulatory instrument), although they may be used as
one means of demonstrating compliance in appropriate circumstances. They may also
become privately enforceable between individual entities by being incorporated into a
contract (see paras 4.14 and 9.2 of BS 0).
V.
BSI expert committee feedback
8. BSI considered the following committees would have relevant expertise:
a. B/538, Doors, windows, shutters, hardware and curtain walling
b. B/538/1, Windows and Doors
c. B/538/4, Building Hardware
9. Representatives of all those committees have jointly considered BS 6375-2. Their response
is as follows, which we are quoting in full:
“A committee was formed of members from,
B/538, Doors, windows, shutters, hardware and curtain walling
B/538/1, Windows and Doors
B/538/4, Building Hardware
We were all saddened to hear of the death of Mr Taylor under what must have
been such difficult circumstances for everyone concerned and we are determined
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© 2024 BSI. All rights reserved.
to make appropriate changes to standards to reduce the risk of deaths under
similar circumstances in the future.
Amendments to BS 6375-2
Our proposal is to amend clause 5.3 of BS 6375-2:2009 so that it includes a
requirement for situations when the window is to be used for the purposes
described in the Coroner’s report. We will need a descriptive term for the mode of
use. We have considered, “deprivation of liberty,” but this may be too severe and
not appropriate for our purpose.
The test will be undertaken on a sample of the window to be used to ensure that
the window, the restrictor and any fixings securing it to the window will be tested
as a system.
When open, with the maximum opening gap limited to 89mm by a restricting
device, the window shall be capable of resisting a load of 850 N applied anywhere
on the window in a manner intended to open the casement or sash with the
objective of obtaining egress.
This load shall be applied via a 50 mm x 50 mm pad and can be located at various
places on the casement or sash, for example
•
•
•
at the location of the restrictor
at the hinge points
at a point the maximum distance from the restrictor
The load shall be applied, for example
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© 2024 BSI. All rights reserved.
•
•
perpendicular to the plane of the open casement or sash
parallel to the direction of opening of sliding sashes.
As BS EN 14609 does not cover loads applied to restricted sliding sash windows we
will need to introduce a new annex to BS 6375-2 describing the test method to be
used for such windows.
If loads are to be applied to the casement or sash then it will be necessary to
upgrade the glazing so it can withstand comparable loads. We therefore propose
that the glazing should be able to support the 850 N point load (applied via the
pad) but also be grade 1(B)1 or 1(C)1 when tested in accordance with BS EN 12600.
This will reduce the risk of egress being achieved by breaking the glass.
Steel-framed windows
Clause 12.2, safety device loading, of the national product standard for steel
windows, BS 6510, will be amended so that it refers to clause 5.3 of BS 6375-2 and
doesn’t refer directly to a load of 350 N supported for 60 S as it does now.
The other material specific product standards for windows, BS 644, BS 7412 and BS
4873 refer to clause 5.3 of BS 6375-2 without stating loads or durations.
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© 2024 BSI. All rights reserved.
Existing European Standards
BS EN 14351-1, the European product standard for windows and external
pedestrian doors, doesn’t, as appears in for example the HSE report RR1150, limit
the load bearing capacity of a safety device to 350 N but instead sets 350 N as the
minimum, or threshold, value for such devices. It would be for the EU member
state, or country in which the product is used, to set the national requirements for
such products.
The load bearing capacity of safety devices is an essential characteristic of windows
(reference Table ZA.1) therefore, when such a device is fitted to a window the
loadbearing capacity of the window, when tested in accordance with BS EN 14609,
must be stated on the manufacturer’s declaration of performance in accordance
with article 4 (2) of the assimilated EU Regulation 305/2011 (The Construction
Products Regulation).
However, as this characteristic falls under AVCP System 3, it is possible that, the
function of a restrictor as intended in BS EN 14351-1 is not life-safety-critical
because, if it was, it would fall under AVCP System 1 as is the case for fire
characteristics. This could mean that our proposed amendment to BS 6375-2 would
not conflict with existing European Standards. This will, however, need to be
checked.
BS EN 14609, is referred to by BS EN 14351-1 as the test method to determine the
load bearing capacity of safety devices, but it only covers casement windows not
sash windows, clause 7 calls for the restrictors to be disengaged and figures A.1 to
A.6 show the movement of the casement to be limited by a “block” stopping the
movement of one corner. We will discuss the possible need to amend EN 14609
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© 2024 BSI. All rights reserved.
with the European working group CEN/TC 33 WG1 that is responsible for this
standard.
List of standards
• BS 644:2012, Timber windows and doorsets. Fully finished factory-assembled
windows and doorsets of various types. Specification
• BS 4873:2016, Aluminium alloy windows and doorsets. Specification
• BS 6375-2:2009, Performance of windows and doors - Classification for
operation and strength characteristics and guidance on selection and
specification
• BS 6510:2010, Steel-framed windows and glazed doors. Specification
• BS 7412:2024, Windows and doorsets. Unplasticized polyvinyl chloride (PVC-
U) extruded hollow profiles. Specification
• BS EN 12600:2002, Glass in building. Pendulum test. Impact test method and
classification for flat glass
• BS EN 14351-1:2006+A2:2016, Windows and doors. Product standard,
performance characteristics - Windows and external pedestrian doorsets
• BS EN 14609:2004, Windows. Determination of the resistance to static
torsion”
10. Please note that the committee’s proposals will have to be implemented by the usual
standards development process (as set out in BS 0), which among other things means there
will be a period of public consultation. The final version of the standard will therefore be
informed by that consultation and may differ from the committee’s proposals accordingly.
Nonetheless the intention of the process will be to improve the standard, informed by the
Coroner’s Report and the committee’s expertise.
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© 2024 BSI. All rights reserved.
11. BSI believes that the above is self-explanatory and constitutes a full reply to the Coroner’s
Request. Again, however, if the Coroner has any further questions or requires clarification,
BSI would be pleased to assist.
Yours sincerely,
Head of Standards Governance
BSI, 389 Chiswick High Road, London, W4 4AL, UK
We support the UN Sustainable Development Goals, so please consider the environment before printing this email
The British Standards Institution is a member of BSI Group and is incorporated in England under Royal Charter. Its principal address is 389 Chiswick High Road,
London, W4 4AL, United Kingdom.
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© 2024 BSI. All rights reserved.
HSCA Further Information Citygate Gallowgate Newcastle upon Tyne NE1 4PA 4 September 2024 Keith Morton KC Assistant Coroner Cambridgeshire and Peterborough Coroner's Service Lawrence Court Princes Street Huntingdon Cambridgeshire PE29 3PA Care Quality Commission Our Reference: By email: Dear HM Coroner Keith Morton KC, Prevention of future death report following the inquest into the death of Terrence Roy Hubert Taylor. We write to acknowledge receipt of the Regulation 28 report of 21 June 2024, sent to the Care Quality Commission (CQC), in relation to the death of Mr Terrence Roy Hubert Taylor. Firstly, the CQC would like to express our deepest sympathy and sincere condolences to the family of Mr Taylor. We understand that you want action taken to ensure that; (1) Operators of care homes are provided with reliable, up to date guidance on the use of window restrictors; and (2) Operators of care homes are made aware of the limitations of the British Standards in that they were developed to prevent accidental falling from windows as opposed to deliberate attempts to bypass window restrictors. 1 As you are aware, the CQC is the independent regulator of health and social care in England. The CQC publishes guidance on how providers and managers can meet the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“the 2014 Regulations”) and the Care Quality Commission (Registration) Regulations 2009 (“the 2009 Regulations”). There is a link on our website to the 2013 guidance, and then further information and guidance on meeting the specific regulations can be found under separate headings. Under the heading of Regulation 12: safe care and treatment, there is a link to guidance issued by the Health and Safety Executive (HSE) on Health and Safety in Care Homes www.hse.gov.uk/pubns/books/hsg220.htm. Chapter 7 of this guidance specifically addresses Falls from Height. In addition, to accidental falls, this guidance also refers to; • Falls arising out of confused mental state, including where an individual is trying to escape from an environment they perceive to be hostile, and • Deliberate self-harm. It sets out control measures that may be taken by care homes to ensure that people are kept safe. In 2022, CQC published a ‘Learning From Safety Incidents’ page on our website on the use of window restrictors. This can be found, alongside relevant, up to date guidance on complying with the relevant health and safety precautions, here: www.cqc.org.uk/guidance-providers/learning-safety-incidents/issue-7-falls-windows. This webpage also has links to the latest HSE guidance on risks to vulnerable members of the public from falling from height from windows; www.hse.gov.uk/safetybulletins/windowrestrictors.htm. This guidance repeats that which is set out in Chapter 7 (see above) and also makes reference to the Department of Health Building Note 00-10 Part D Windows and associated hardware. In August 2024 we published a note in our bulletin to providers (a regular update for providers and professionals working in adult social care) highlighting the tragic loss of life following a deliberate attempt to bypass a window restrictor and to remind providers of the CQC’s ‘Learning From Safety Incidents’ webpage. This publication has been updated on the CQC website to reflect the Health Building Note published 2 by NHS England, which highlights that the British Standard for window restrictors does not factor in deliberate attempts to defeat the restrictor using impact forces. We are currently undertaking work to improve how we signpost providers to sources of good practice, to support our Single Assessment Framework. Good practice that is applicable across all sectors is already available, and we signpost to the HSE 2012 information sheet on Falls from windows or balconies in health and social care under the Quality Statement on ‘safe environments’, under the Safe key question. In time this will be supplemented by guidance that is applicable to specific sectors (such as ASC or health), or to specific service types (such as care home). Whilst the CQC will publish and expect providers and registered managers to be aware of, and follow, best practice when it comes to British safety standards, the CQC relies upon guidance issued. If either HSE or The British Standards Institution update their guidance around window restrictors, the CQC will take steps to ensure providers are signposted to it both through our website and published bulletins to providers. We hope this response is helpful but if you have any questions arising, please do not hesitate to contact us. Yours sincerely, Deputy Director for Local Authority and Adult Social Care Policy (Interim) 3
Our ref:
Keith Morton KC
Assistant Coroner
Cambridgeshire and Peterborough Coroner’s Office
Lawrence Court
Princes Street
Huntingdon
PE29 3PA
By email:
Dear Mr Morton,
From
Minister of State for Care
39 Victoria Street
London
SW1H 0EU
16 August 2024
Thank you for the Regulation 28 report of 21st June 2024, sent to the Department of Health
and Social Care (DHSC), about the death of Mr Terrence Roy Hubert Taylor. I am replying
as the Minister with responsibility for adult social care.
Firstly, I would like to say how saddened I was to read of the circumstances of Mr Taylor’s
death, and I offer my sincere condolences to his family and loved ones. The circumstances
your report describes are very concerning, and I am grateful to you for bringing these matters
to my attention.
The report raises concerns over:
1. Current guidance for residential care homes on the British Standard for window
restrictors. The guidance does not factor in situations where a resident deliberately
attempts to defeat the restrictor.
2. DHSC and NHSE’s best practice guidance, Health Building Note 00-10 Part D: Windows
and associated hardware. This guidance does highlight that the British Standard for
window restrictors does not factor in deliberate attempts to defeat the restrictor using
impact forces. However, Health Building Notes are written for the design and planning of
new healthcare buildings and/or the adaptation or extension of existing facilities. As such,
this guidance, though relevant, has not been directed to residential care home providers
and was not known or understood by care home operators, manufacturers, or suppliers
of window restrictors.
3. Research by the Health and Safety Executive (HSE) in 2019, which is not known by care
home operators or window restrictor manufacturers and suppliers, advises that window
restrictors should withstand forces greater than the British Standard.
Regarding these concerns, you had two requests for action. The first related to raising
awareness of the latest guidance regarding window restrictors, including the limitations of
the British Standard, amongst residential care home operators. Your second request was to
review the British Standard to consider whether changes were required.
In preparing this response, Departmental officials have made enquiries with the Care Quality
Commission (CQC).
In response to your first request, CQC are a named responder to this case. CQC’s separate
response will address concerns related to raising awareness amongst residential care home
operators of the latest guidance on window restrictors.
CQC expect providers and registered managers to be aware of, and follow, best practice
guidance. In 2022, CQC published a ‘Learning From Safety Incidents’ webpage on window
restrictors. This can be found, alongside relevant, up to date guidance on complying with
relevant health and safety precautions, here: www.cqc.org.uk/guidance-
the
providers/learning-safety-incidents/issue-7-falls-windows. The webpage also links to the
latest HSE guidance on risks to vulnerable members of the public from falling from height
from windows. It can be found here: www.hse.gov.uk/safetybulletins/windowrestrictors.htm.
Having discussed the case of Mr Taylor with CQC, they have updated their ‘Learning From
Safety Incidents’ webpage with a link directing providers to the Health Building Note 00-10
Part D: Windows and associated hardware. CQC have also committed to publish a note in
their bulletin to providers in August 2024 to remind providers of the CQC’s ‘Learning From
Safety Incidents’ webpage.
In response to your second request for action, reviewing the British Standard is not within
the scope of my Department's responsibilities. However, my officials have contacted HSE
on this matter and await their reply.
I hope this response is helpful. Thank you again for bringing these concerns to my attention.
Yours sincerely,
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