Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0605, written 31 Oct 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 31 Oct 2024 |
|---|---|
| Reference | 2024-0605 |
| Deceased | Wayne Bayley |
| Coroner | Mary Hassell |
| Coroner area | Inner North London |
| 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: Prevention of Future Deaths report
Wayne Anthony BAYLEY (died 17.05.22)
THIS REPORT IS BEING SENT TO:
1.
2.
National Medical Director
NHS England
Wellington House
133-135 Waterloo Road
London SE1 8UG
Minister of State for Prisons
Ministry of Justice
102 Petty France
London SW1H 9AJ
1
CORONER
I am: Coroner ME Hassell
Senior Coroner
Inner North London
St Pancras Coroner’s Court
Camley Street
London N1C 4PP
2
CORONER’S LEGAL POWERS
I make this report under the Coroners and Justice Act 2009,
paragraph 7, Schedule 5, and
The Coroners (Investigations) Regulations 2013,
regulations 28 and 29.
3
INVESTIGATION and INQUEST
On 25 May 2022, one of my assistant coroners,
,
commenced an investigation into the death of Wayne Bayley, aged 43
years. The investigation concluded at the end of the inquest earlier today.
The jury made a narrative determination at inquest, which I attach. You
will see that this includes a finding that death was contributed to by
neglect.
1
4
CIRCUMSTANCES OF THE DEATH
Mr Bayley died in HMP Pentonville, some ten hours after a restraint.
His medical cause of death was:
1a acute chest syndrome
1b hypoxia and chronic sickle cell lung disease
1c sickle cell disease and restraint.
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.
In attempting to learn lessons from Mr Bayley’s death, a great deal of
work has been done by the primary healthcare provider in HMP
Pentonville, Practice Plus Group, in liaison with the mental healthcare
provider, Barnet Enfield & Haringey NHS Trust, and the prison itself.
This work has covered the assessment, treatment and medication of all
prisoners, from healthcare planning on arrival in prison, through any
control & restraint, to the entering of a cell in an emergency, all
particularly in the context of any underlying health conditions – including,
but not limited to, giving staff a proper understanding of the identification
of and risks associated with an acute sickle cell crisis.
However, I am not at all clear that this work has been replicated
nationally. Whilst PPG provides healthcare in 57 prisons, I understand
that there are over double that number in England & Wales. I did hear
evidence of the work of University College London Hospital in setting up
an innovative outreach pilot. Nevertheless, my concern remains that
learning and improvements in practice may not have been shared across
the country.
6
ACTION SHOULD BE TAKEN
In my opinion, action should be taken to prevent future deaths and I
believe that you have the power to take such action.
7
YOUR RESPONSE
2
You are under a duty to respond to this report within 56 days of the date
of this report, namely by 27 December 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 following.
•
•
•
•
•
and
, parents of Wayne Bayley
, HM Prison Pentonville
, Practice Plus Group
, Barnet Enfield & Haringey NHS Trust
, the Chief Coroner of England & Wales
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. 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.
9
DATE SIGNED BY SENIOR CORONER
31.10.24 ME Hassell
3
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.
OFFICIAL
Director General Operations
HM Prison and Probation Service
8th Floor Ministry of Justice
102 Petty France
London
SW1H 9AJ
3 February 2025
Coroner ME Hassell
Senior Coroner Inner North London
St Pancras Coroner’s Court
Camley Street
London
N1C 4PP
Dear Ms Hassell,
Thank you for your Regulation 28 report of 31 October 2024, addressed to the Minister of
State for Prisons, Probation and Reducing Reoffending, following the inquest into the death
of Wayne Anthony Bayley who died at HMP Pentonville on 17 May 2022. 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 know that you will share a copy of this response with Mr Bayley’s 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 sought reassurance that important
learning and positive action which has taken locally at HMP Pentonville following Mr
Bayley’s death be shared more widely across the prison estate.
I would like to assure you that HMPPS’ approach to investigations following a death in
custody is to ensure that all learning is identified and used to improve our practices across
the prison estate. This includes working with healthcare partners whenever there is relevant
multi-disciplinary action to be taken. I am aware that NHS England are responding to you
separately, and I do not wish to duplicate their response, however, I can assure you of our
commitment to working collaboratively with healthcare providers and NHS England to
facilitate effective delivery of healthcare services. HMPPS is fully supportive of the work
being led by NHS England to improve awareness of sickle cell disease and other long-term
conditions amongst all staff working in prison settings and will continue to work alongside
them to deliver improvements.
Thank you again for bringing your concerns to my attention. I trust that this response
provides assurance that action is being taken to address this matter.
Yours sincerely
OFFICIAL
OFFICIAL
Director General Operations
OFFICIAL
Ms M E Hassell
HM Senior Coroner
Inner North London
St Pancras Coroners Court
Camley Street London
N1C 4PP
Dear Coroner,
National Medical Director
NHS England
Wellington House
133-155 Waterloo Road
London
SE1 8UG
18 December 2024
Re: Regulation 28 Report to Prevent Future Deaths – Wayne Anthony Bayley
who died on 17 May 2022
Thank you for your Report to Prevent Future Deaths (hereafter “Report”) dated 31
October 2024 concerning the death of Wayne Anthony Bayley on 17 May 2022. In
advance of responding to the specific concerns raised in your Report, I would like to
express my deep condolences to Wayne’s family and loved ones. NHS England is
keen to assure the family and the Coroner that the concerns raised about Wayne’s
care have been listened to and reflected upon.
I note you reference in your Report the extensive work that has already been
undertaken by Practice Plus Group (PPG) at HMP Pentonville following this sad
death, and I am reassured by this that lessons have been learnt.
I am pleased to note the collaborative working between healthcare providers and the
prison with a focus on assessment, treatment, and medication of all prisoners, from
healthcare planning on arrival into prison, through control and restraint, and entering
a cell in an emergency. As you reference, this is particularly in the context of
underlying health conditions and includes (but is not limited to) ensuring staff have a
proper understanding of the identification of and risks associated with an acute sickle
cell crisis.
Following Wayne’s death, NHS England’s regional Health and Justice Team
conducted a period of engagement with staff and prison colleagues (2023), the
findings from which resulted in liaison with the Sickle Cell Society who committed to
providing training and development with prison staff across the London Health and
Justice region, where there is a higher incidence of sickle cell.
This will include three elements:
1. Training and upskilling of healthcare staff
2. Training and upskilling of prison staff
3. Patient engagement
There will be an evaluation of this programme of training at the end of year one, but
there is already a commitment to deliver the training for a period of three years.
Additionally, NHS England’s regional Health and Justice team is working with NHS
England’s Regional Nursing Directorate in London to pilot the ‘ACT NOW’1 sickle cell
acronym in HMP Pentonville, with a view to rolling this out across other prisons in the
London region. The ‘ACT NOW’ approach by the NHS is about supporting better care
for patients across England, by encouraging clinicians to ‘ACT NOW’ whenever a
patient attends hospital in a sickle cell crisis. Co-developed by clinicians, experts,
people with sickle cell and their families, this approach supports a rapid and effective
response to a sickle cell crisis in patients attending any hospital.
In relation to the matter of concern you direct towards NHS England nationally, that
it is unclear whether the work identified as having been undertaken by PPG and HMP
Pentonville has been replicated nationally, with improvements and learnings shared,
I respond to this below.
NHS England is in the process of reviewing all current service specifications and I
can assure you that the learning from this case will be used to strengthen this in
relation to requirements around assessment and management of not only sickle cell
anaemia, but all long-term conditions.
Additionally, a Health Needs Assessment (HNA) is undertaken annually in English
prisons which reflects the diverse health needs of the population, including those with
a long-term health condition, and informs local healthcare delivery plans.
Finally, Wayne’s case will be presented to the Health and Justice Oversight Delivery
Group (HJDOG) and shared with NHS England’s regional commissioners. The action
taken by the London region will also be shared with the HJDOG. HJDOG is the senior
leadership forum, which holds responsibility for the oversight of delivery and
continuous improvement in Health and Justice commissioned services, through both
the national and regional teams, with a focus on improving health outcomes and
reducing variation across England.
I would also like to provide further assurances on the national NHS England work
taking place around the Reports to Prevent Future Deaths. All reports received are
discussed by the Regulation 28 Working Group, comprising Regional Medical
Directors, and other clinical and quality colleagues from across the regions. This
ensures that key learnings and insights around events, such as the sad death of
Wayne, are shared across the NHS at both a national and regional level and helps us
to pay close attention to any emerging trends that may require further review and
action.
Thank you for bringing these important patient safety issues to my attention and please
do not hesitate to contact me should you need any further information.
Yours sincerely,
1 https://www.england.nhs.uk/london/a-c-t-n-o-w-sickle-cell-acronym-pilot/
National Medical Director
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