Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0640, written 21 Nov 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 Nov 2024 |
|---|---|
| Reference | 2024-0640 |
| Deceased | Edward Barnard |
| Coroner | Christopher Williams |
| Coroner area | London Inner (South) |
| Category | Suicide (from 2015) · Alcohol, drug and medication related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
Promoting animal health and welfare by assuring the safety, quality and efficacy of veterinary medicines www.gov.uk/vmd www.vmdconnect postmaster@vmd.gov.uk Welsh Language Policy Privacy Notice Email: Our Ref: Date: 14 January 2025 Christopher Williams Assistant Coroner Southwark Coroners Court 1 Tennis Street London SE1 1YD Dear Mr Williams Thank you for your Report to Prevent Future Deaths of 21 November 2024 informing us of the death of Edward Barnard on 9 January 2024. We were sorry to hear of his passing and pass on our sincere condolences to his family and friends. For background, the Veterinary Medicines Directorate (VMD) is an executive agency of the Department of the Environment, Food and Rural Affairs (Defra). We promote animal health and welfare by assuring the safety, quality and efficacy of veterinary medicines. However, we should explain that the Home Office is responsible for the legislation regarding controlled drugs. That includes controlled drugs used for veterinary purposes and/or human use. The VMD has no regulatory powers to make changes to controlled drugs legislation. We do provide guidance on the use and storage of veterinary controlled drugs on our website and are producing an article which we aim to publish shortly on our blog page reminding vets of their responsibilities when ordering, storing, supplying and using controlled drugs. The Royal College of Veterinary Surgeons (RCVS) has also published very useful guidance is not subject to safe online for controlled drugs where they state that whilst custody requirements, it should be kept locked in a suitable controlled drugs cabinet when not in use. We echo that guidance and during inspections we ensure vets are aware that they are responsible for these products, that they are stored appropriately, and access is only given to persons they have authorised to have access. We also include a link to the Vetlife website in our inspection reports to vet practices. Vetlife is a charity that provides independent, confidential and free emotional, financial and mental health support to the veterinary community including veterinary nurses, students and non- clinical staff. Your report highlighted concerns that Mr Barnard had managed to obtain this medicine despite him not being a veterinary professional, nor working within a sector that would have allowed him access to the medicine. It appears that there is no information to say how Mr Barnard did procure the drug. However, I have set out below what the rules are for the supply of veterinary medicines for information. For controlled drugs, controlled drug requisition forms would also be required to be completed in accordance with the relevant legislation before supply could took place. The Veterinary Medicines Regulations 2013 (as amended) (VMR) sets out the rules that must be followed for the supply of all veterinary medicines. These regulations were amended in May 2024, however the previous version of the regulations were in effect at the time that Mr Barnard appears to have obtained the medicine. The VMR in effect at the time states in Schedule 3 paragraph 2 regarding the wholesale supply of veterinary medicines that: (1) Only a holder of a marketing authorisation, the holder of a manufacturing authorisation or the holder of a wholesale dealer’s authorisation granted by the Secretary of State may supply a veterinary medicinal product wholesale, or be in possession of it for that purpose. (2) A person mentioned in sub-paragraph (1) may only supply a veterinary medicinal product if- a. The authorisation in question relates to that product, and b. The supply is to another person who is entitled to supply that product under these Regulations, either wholesale or retail. (3) If the supply is to a suitably qualified person, it must be to the premises approved in accordance with paragraph 14. (4) It is immaterial whether or not the supply is for profit. (5) This paragraph does not apply in relation to a retailer of veterinary medicinal products who supplies another retailer with such products for the purpose of alleviating a temporary supply shortage that could be detrimental to animal welfare. For retail supply, Schedule 3 paragraphs 3, 4 and 5 apply which states that a medicine with the legal category POM-V (Prescription Only Medicine – Veterinarian) may only be supplied by a vet or pharmacist and must be supplied in accordance with a prescription from a vet. The person supplying it either must have prescribed the medicine themselves or it must be supplied to them under a written prescription that includes all the information required by the VMR. The person supplying the medicine under a written prescription may only supply the product specified in the prescription, must take all reasonable steps to be satisfied that the prescription has been written and signed by a person entitled to prescribe the product and must take all reasonable steps to ensure that it is supplied to the person named in the prescription. If we identify, or receive information to say that someone has breached the VMR then we take appropriate action in line with our published Enforcement Policy: Enforcement policy for animal medicines – GOV.UK We also conduct risk-based inspections of vet practices and wholesalers to check their compliance with the requirements of the regulations. The RCVS conducts assessments of vet practices that are part of their Practice Standards Scheme where RCVS assessors will check compliance with the VMR as part of their assessment. We work with local Police Controlled Drugs Liaison Officers (CDLOs) in areas where they are present and in the past we have done various joint visits with CDLOs to vet practices. There is also an Association of Police Controlled Drugs Liaison Officers (ACDLO) who we have met previously. We have given them presentations on our remit and the checks we conduct during vet practice inspections. Following this report, I will contact them to discuss whether any further actions are possible in coordination with them and whether there are any opportunities to further strengthen our working relationships. If we are told of a theft of controlled drugs from a vet practice then we would advise the premises to report it to the police so that the police are aware of what medicines have been taken, and what medicines may be available illicitly in their local area. Further information on our inspection processes and actions that we may take where we identify non-compliance can be found on our website here: Retail of veterinary medicines - GOV.UK Apply for veterinary medicine wholesale dealer's authorisation (WDA) - GOV.UK Yours sincerely Head of the Inspections and Enforcement Division
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1) NOTE: This form is to be used after an inquest. REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. The Chief Medical Officer VMD, The Veterinary Medicines Directorate, Veterinary Medicines Directorate, Woodham Lane, New Haw, Addlestone, Surrey, KT15 3LS 2. The Chief Executive Officer, Royal College of Veterinary Surgeons, Royal College of Veterinary Surgeons, 3 Waterhouse Square, 138-142 Holborn, London EC1N 2SW 3. The Chief Coroner for England and Wales, Chief Coroner's Office, Room C09, Royal Courts of Justice, Strand, London, WC2A 2LL 1 CORONER I am Christopher Williams an Assistant Coroner, for the Coroner Area of Inner London South (Southwark 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 the 22/1/2024 an investigation commenced into the death of Edward John Youde Barnard born 23/3/1994 and died on 9/1/2024 The investigation concluded at the end of the inquest on 15 November 2024. The medical cause of death was: 1(a) Fatal overdose II My Conclusion as to the death, section 4 Record of Inquest, was “Suicide” 4 CIRCUMSTANCES OF THE DEATH On the 8/1/2024 Edward checked into a hotel and on the following morning he was found deceased in his room by a staff member. The ambulance and police services attended, and it was determined that there were no suspicious circumstances. A note was found in the room from Edward to the hotel staff, which stated: “Please call 999 and report as suicide. I’m sorry I ruined your day.” A postmortem examination and toxicological analysis concluded that the death was caused by a ‘Fatal overdose”. Edward had a history of anxiety and depression and had attended Cognitive Behaviour Therapy counselling in 2018 he also had a heart defect which was operated in 2021 which had a detrimental effect on his mental well-being. 1 I concluded that he took the after he checked into the hotel room. , with the clear intention of ending his life, The toxicology report recorded a fatal level was ug/ml. blood level of ug/ml and noted the The toxicology report went on to state that barbiturate used in the UK only as an anaesthetic agent in Veterinary Medicine. was a short acting 5 CORONER’S CONCERNS From the evidence I received, at the inquest, there are 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. – On completion of the inquest, I was concerned that Edward, a vulnerable young adult, , a substance which I understand managed to come into possession of from the Toxicology report, is only licensed for use on animals by qualified veterinary professionals. I infer from the Toxicology evidence and the fact that Edward was not a veterinary professional that he must have obtained the substance from an illicit source. I am concerned that if I do not make a report a potential emerging risk to life may slip past public attention unnoticed. I therefore make this report to the Veterinary Medicines Directorate, whom I understand is the organisation responsible for licensing Directorate is aware that the drug has been used for a suicidal purpose and to enable the organisation to examine any available preventive measures to reduce the risk of this suicide method occurring in future. , so that the I am also reporting this fatal incident to the Royal Society of Veterinary Surgeons to share the information with its members and to ensure that those to whom the drug is licensed are made fully aware of its potential to be used in the completion of suicide by humans. I also make the report to the Royal Society to take any available preventive measures to reduce the risk of this suicide method in future. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe 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 the 16th January 2025. I, the coroner, may extend the period on request. Your responses 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 who may find it useful or of interest: - The family of Edward John Youde Barnard I am also under a duty to send the Chief Coroner a copy of your response. 2 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. 9 Dated: Signed: 21st November 2024 Christopher Williams 3
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.
RCVS response to Coroner’s Regulation 28 report in respect of Edward John Youde Barnard Introduction 1. Firstly, having read about the tragic circumstances of his death, we wish to express our deep condolences to Mr Barnard’s family and friends at what must be a very difficult time. 2. Prior to receiving the Regulation 28 report (‘the report’), we were unaware of Mr Barnard’s death or his use of pentobarbital. As you know, the RCVS was not called to give evidence at the inquiry nor were we invited to attend. Furthermore, we have not had access to a transcript or recording of the proceedings. As such, our below response is based solely on the report. 3. We wish to thank the Assistant Coroner for highlighting the issues in this case relevant to the veterinary profession and for the opportunity to provide the following comments and information. Background 4. Before moving on to the specific issues raised regarding veterinary medicines, it may be of assistance to set out some background. Whilst research suggests that suicidal ideation is not higher in the veterinary profession as compared to the general population, the likelihood of completion is higher due to knowledge of, and access to, lethal means. Prevention and reduction of suicide in the veterinary professions has therefore been an area of focus in many aspects of our work in recent years, and naturally increased safeguards around veterinary medicines used for euthanasia have been a key part of this work. As such, whilst Mr Barnard was not a veterinary surgeon or veterinary nurse himself, we believe our ongoing work is relevant to the issues raised in this inquiry. Veterinary medicines 5. It should be noted that many of the requirements around controlled drugs (CDs), regardless of whether they are licensed for human or veterinary use, are set out in the Misuse of Drugs Act 1971, the Misuse of Drugs Regulations 2001 and the Misuse of Drugs (Safe Custody) Regulations 1973. As you will know, the Home Office is the relevant government department with responsibility for this legislation. 6. From the information we have, it is unclear how Mr Barnard obtained the used to end his life and so we are unable to comment on the specifics of this case. However, the following information outlines some of the relevant guidance in respect of veterinary medicines, and specifically in relation to CDs. 7. In light of the known risk factors, the RCVS consistently goes beyond what is required by legislation with the aim of reducing misuse of drugs, including CDs. For example, although quinalbarbitone (aka Somulose) is a schedule 2 controlled drug (CD), it is exempted from ‘safe custody’ (specific requirements for safe storage of certain CDs) in the legislation despite the risk it poses to human life if misused. In February 2023, we therefore issued guidance requiring that veterinary surgeons and veterinary nurses lock quinalbarbitone away in a manner equivalent to ‘safe custody’. Similarly, the barbiturates (including schedule 3 CDs and as such, not subject to safe custody under the relevant legislation. Again, in 2021 we issued guidance requiring veterinary surgeons and veterinary nurses to securely lock them away. ) are 1 8. In addition, we advise that, wherever possible, CDs should be returned to the CD cabinet at the practice for storage overnight. (See Practice Standards Scheme standards, 10.1.12 (small animal), 8.1.12 (farm animal), 9.1.12 (equine)). As well as restricting access by veterinary surgeons when they are not on duty, this guidance aims to reduce the risk of drugs being stolen from vehicles and entering the illegal market. 9. As you may be aware, sale and supply of veterinary medicines is tightly controlled under the Veterinary Medicines Regulations 2013 (as amended) (VMR), and the Veterinary Medicines Directorate (VMD) gives guidance on how those regulations should be applied. The following non-exhaustive list is demonstrative of the restrictions in place: a. Only a holder of a manufacturing authorisation or a wholesale dealer’s authorisation granted by the Secretary of State may supply veterinary medicinal products wholesale, or be in possession of it for that purpose. b. Wholesalers may only deliver veterinary medicinal products to registered premises. c. Prescription-only veterinary medicines (POM-Vs) – which includes CDs of all schedules - may only be supplied by a veterinary practice (or a pharmacist) in accordance with a prescription from a veterinary surgeon (although the VMR does allow practices to supply other practices with medicines ‘for the purpose of alleviating a temporary supply shortage that could be detrimental to animal welfare’). 10. In addition to the requirements set out by the RCVS and VMD, the veterinary profession itself is also working to reduce use of veterinary medicines in suicide. Innovations such as Euthasafe, a storage box requiring two-factor authentication and additional information to be provided before allowing access to the lethal medicines inside, is one such example. Proposed actions and timetable 11. As required by the report, we have reviewed the existing measures in place to prevent future deaths and assessed what more could be done. We also note the Assistant Coroner’s comment as follows: ‘I am also reporting this fatal incident to the Royal Society of Veterinary Surgeons [sic] to share the information with its members and to ensure that those to whom the drug is licensed are made fully aware of its potential to be used in the completion of suicide by humans. I also make the report to the Royal Society [sic] to take any available preventive measures to reduce the risk of this suicide method in future.’ 12. In light of the above, the actions set out in the table below have been agreed. Action 1 Relevant RCVS committees to consider additional Core requirement(s) in the RCVS Practice Standards Scheme for practices to have individualised suicide prevention plans. The aim being to prevent incidents and protect staff and the wider public. Date February 2025 2 RCVS Standards Committee to review the legislative requirements for February 2025 schedule 2 CDs and decide what (if any) provisions may be extended to schedule 3 CDs via RCVS guidance, for example, requirement to record use in the CD register. 2 Action 3 RCVS Standards Committee to review the guidance on returning CDs to the practice when off duty. 4 Explore methods of communicating the legal and regulatory requirements relating to lethal medicines to the profession (e.g. via RCVS Academy, the RCVS online continuing professional development portal), including signposting to advisory/support services. Date February 2025 Spring 2025 5 Continue to engage with the Home Office in respect of implementing Ongoing additional safeguards for controlled drugs used for euthanasia in veterinary medicine. 3
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