Prevention of Future Deaths reports · 2024

Lamarah Scarlett

Regulation 28 report to prevent future deaths, reference 2024-0425, written 29 Jul 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report29 Jul 2024
Reference2024-0425
DeceasedLamarah Scarlett
CoronerKaty Skerrett
Coroner areaGloucestershire
CategoryChild Death (from 2015)
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

His Majesty’s Senior Coroner for Gloucestershire
Ms Katy Skerrett

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:

HE Secretary of State for Education, Sanctuary Buildings, Great
Smith Street, London, SW1P 3BT

Director of Policy and Deputy Chief Executive at Local Government
Association, 18 Smith Square, Westminster, London SW1P 3HZ

eee Commissioner for West of England, Jubilee House, Croydon Street,
ristol,

CORONER

lam Katy Skerrett, His Majesty's Senior Coroner for Gloucestershire.

T CORON ER’S LEGAL POWERS |

| 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 28 November 2022 | commenced an investigation into the death of Lamarah Grace
Scarlett. The investigation concluded at the end of the inquest on the 3 — 5" June 2024.
The conclusion of the inquest was a narrative conclusion. The medical cause of death was 1A
Unascertained.

4 CIRCUMSTANCES OF THE DEATH

Lamarah Grace Scarlett “Lamarah” was a 12 year old girl who suffered with alternating hemiplegia
of childhood (AHC) which is characterised by repeated episodes of weakness or paralysis. On the
24th September 2021 she had attended school. Lamarah had appeared happy and well during the
day. At the end of the day Lamarah appeared to be tired. Staff did not feel she was presenting
with any signs of a seizure or paralysis. At approximately 1500 hours she is secured in her
wheelchair by staff and placed on a minibus to be transported to her home address. She is
accompanied by a driver and a passenger assistant. During the journey Lamarah appears to be
in distress, and is experiencing breathing difficulties. It is probable that Lamarah was suffering
from a significant and profound episode of muscle weakness which made her unable to reposition
her head to an upright position. Her head was in a hyper extended position, which caused her
airway to become obstructed and led to her becoming acutely hypoxic. Neither the passenger
assistant or the driver on the bus is aware of this. They do not raise the alarm or seek further
assistance. if Lamarah’s head had been supported in an upright position and/ or if she had been
placed in recovery position, it is likely that her airway would have opened up. However it remains
unclear whether this. would have enabled sufficient airflow to her lungs as she had significant
truncal weakness. At approximately 15.45 hours Lamarah arrives at her home address in an
unresponsive state. Her mother commences resuscitation efforts, and emergency services soon
thereafter arrive. Despite extensive resuscitation efforts, Lamarah is pronounced deceased at
16.45 hours.

Gloucestershi a ini Barnwood, Gloucester, GL4 3D)

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. —

Whether there is sufficient regulation of transport operators who provide category 1 home to
school transport services to Special Educational Needs children?

The following specific issues were identified:
e The patient safety plans are not always read and understood by transport crew,

e Home visits between passenger and transport crew often do not occur when
contractually required,

e The local authority are often not notified of personnel changes in the transport crew,

e The need for proper handovers at drop off and pick up is not understood

e There is no requirement for transport crew to be qualified first aiders,

e The passenger assessment test requires further improvement,

e There is no comprehensive schedule for inspection of transport operators,

e There is no mandatory training or forums for operators to attend where information can
be cascaded to them.

e Operators have to approach multiple organisations which leads to confusion and
inconsistency.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you have the power
to take such action.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report, namely by
4pm 23% September 2024. |, 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.

COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following Interested Persons
(1) | Senior Associate, HCC Solicitors, New London
House, 6 London Street, London, EC3R 7AD
(2) DAC Beachcroft, Portwall Place, Portwall Lane,

Bristol, BS1 9HS

(3)
(4) SE SENT team, Gloucestershire County Council, Block 5, 6" Floor, Shire Hall

Westgate Street, Gloucester, GL1 2TG
(6) a HCR Legal LLP, 62 Cornhill, London, EC3V

3NH
1am also under a duty to send the Chief Coroner a copy of your response.

Gloucestershire Coroner's Court, Corinium Avenue, Barnwood, Gloucester, GL4 3DJ

The Chief Coroner may publish either or both in a complete or redacted or summary form. She
may send a copy of this report to any person who she 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 29th

Signature.
Ms Katy SkerrettS
His Majesty's Senior Coroner for Gloucesrs

4 Mi Coroner

Gloucestershire Coroner's Court, Corinium Avenue, Barnwood, Gloucester, G14 3D)

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 Department for Education (PDF)
Minister for School Standards 
Sanctuary Buildings 20 Great Smith Street Westminster London SW1P 3BT 

tel: 

  www.education.gov.uk/contactus/dfe 

Ms Katy Skerrett 
His Majesty’s Senior Coroner for Gloucestershire 
By email: 

23 September 2024 

Dear Ms Skerrett, 

I am writing on behalf of the Secretary of State for Education in response to the 
Regulation 28 Report to Prevent Future Deaths, issued on 29 July 2024, concerning 
the death of Lamarah Grace Scarlett on 24 September 2021. I am responsible for 
the government’s policy on home-to-school travel.   

I was deeply saddened to learn of Lamarah’s death. My heartfelt sympathy goes out 
to her family. The government’s home-to-school travel policy aims to make sure no 
child is prevented from accessing education by a lack of transport. Local authorities 
have a duty to arrange free travel for eligible children. To meet that duty, the travel 
they arrange must be suitable for the needs of the child concerned. I share your 
concern that, on this occasion, there do not seem to have been suitable 
arrangements in place to keep Lamarah safe on her journey home from school.  

Officials at the Department for Education have contacted Gloucestershire County 
Council about Lamarah’s case. I understand that the Council ensures children 
travelling on home-to-school transport have a ‘personal safety plan’ and that 
Lamarah’s plan included details of her condition, the signs and symptoms to watch 

out for, and how to respond to those symptoms. The Council makes it a condition of 
its contracts with transport operators that all members of the transport crew for each 
child have read their personal safety plan. At the time of Lamarah’s death, it was 
also a condition that at least one member of the crew had undertaken first aid 
training. It is now a condition that all members of the crew must undertake first aid 
training. 

The Council has advised that, in Lamarah’s case, the transport operator had failed to 
comply with both these conditions. The Council says it already had robust 
procedures in place for ensuring children’s safety and monitoring operators’ 
performance and that, since the inquest, they have enhanced their checks on 
transport operators and are reviewing their training for passenger assistants. They 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 have also terminated all contracts with the operator responsible for Lamarah’s 

transport.      

The Department for Education publishes statutory guidance to assist local authorities 
in meeting their home-to-school transport duty. The latest version of the guidance 
was published in 2023 and includes much more comprehensive guidance about 
meeting a child’s needs than the version that was available at the time of Lamarah’s 
death. It is available here: www.gov.uk/government/publications/home-to-school-
travel-and-transport-guidance. I believe it goes a long way to addressing the 
concerns you have raised in this case. In particular, it recommends that drivers and 
passenger assistants are trained in basic life support skills. It expects local 
authorities to conduct risk assessments, to consider how a child’s medical needs 

might affect them during their journey, and to put in place proportionate 
arrangements to manage those needs. It also requires them to ensure that a child’s 
driver and passenger assistant are aware of their needs and how to respond to 
them, that they have received any training they need to be able to do so, and that 
they are trained in (amongst other things) the handling of emergency situations.  

Further work is underway in the Department to support local authorities in arranging 
suitable travel for all children. For example, officials hold bi-monthly meetings to 
which all local authority school travel officers are invited to seek advice from one 
another and the Department and to share best practice. Officials are drafting non-
statutory guidance to support better partnership working within local authorities (i.e. 
between SEND caseworkers and school travel officers) and beyond (i.e. between 
authorities and schools, parents and health professionals) to better meet children’s 
needs. I expect this piece of guidance to be available later this year or early next 
year. Officials will keep Lamarah’s case in mind as they continue to work on it.  

Thank you for bringing this important matter to my attention and for giving me the 
opportunity to respond. 

Yours, 

Minister for School Standards

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