Prevention of Future Deaths reports · 2024

Eleanor Curley-Bennett

Regulation 28 report to prevent future deaths, reference 2024-0705, written 20 Dec 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report20 Dec 2024
Reference2024-0705
DeceasedEleanor Curley-Bennett
CoronerEmma Serrano
Coroner areaStaffordshire
CategoryChild Death (from 2015)
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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.  Festimed – Event Medical Provision Company.

1

CORONER

I am Emma Serrano, Acting Senior Coroner of Staffordshire.

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 20 August 2023, I commenced an investigation into the death of Eleanor Curley-
Bennett.    The  investigation  concluded  at  the  end  of  the  inquest  on  9  December  2024.
The conclusion of the inquest was a narrative conclusion.

The cause of death was:

1a) Positional Asphyxia

4

CIRCUMSTANCES OF THE DEATH

i)  Eleanor Curley-Bennett, 3 weeks old, was in a baby carrier with her mother,
on the 18 Augusdt 2023.  She was at a local, family friendly, music festival.
Her mother realised something was wrong and that Eleanor Curley-Bennett,
has stopped breathing.

ii)  She  was  taken  to  Festimed,  who  provided  medical  care  for  the  music
festival.    The  carried  out  basic  life  support  on  Eleanor  Curley-Bennett,
before  ad  during  the  ambulance  journey  to  the  Princess  Royal  Hospital,
Shropshire,  where  she  passed  away  in  the  early  hours  of  the  morning  the
following day, the 19 August 2023.

iii)  During  evidence  it  was  disclosed  that  Festimed  did  not  carry  the  correct
basic  life  support  equipment,  in  the  correct  sizing  for  a  baby  of  Eleanor
Curley-Bennet’s age.  Specifically. a) oropharyngeal airway; b) i-gel airway;
and  c)  Tracheal  tube.    It  was  disclosed  that  there  was  no  intubation
equipment  available.    It  was  disclosed  that there  were  no  prefilled,  diluted,
adrenaline that would be suitable to be used on a patient of Eleanor Curley
Bennetts age.

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.

1

[IL1: PROTECT]

 The MATTERS OF CONCERN are as follows.  –

1.  The lack of availability of the equipment and adrenaline described above

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  7  February  2025.    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 family of Eleanor Curley-Bennett.  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

 20 December 2024

Miss Emma Serrano
Acting Senior Coroner
Staffordshire

2

[IL1: PROTECT]

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 Cqc Regarding Festimed (PDF)
HSCA Further Information
Citygate
Gallowgate
Newcastle upon Tyne
NE1 4PA

Telephone: 03000 616161
Fax: 03000 616171

Emma Serrano
Acting Senior Coroner of Staffordshire.
Staffordshire and Stoke on Trent Coroners Service
Stoke Town Hall
Stoke on Trent
ST4 1HH

11 June 2025

Care Quality Commission

Our Reference: 

Dear Emma Serrano

Prevention of future death report following inquest into the death of Eleanor Curley-
Bennett.

Thank you for sending CQC a copy of the prevention of future death report issued
following the sad death of Eleanor Curley-Bennett. CQC would like to take this
opportunity to offer our sincere condolences to Eleanor’s family.

We note the legal requirement upon CQC to respond to your report within 28 working
days, 28 April 2025. We would like to thank you for agreeing to an extension for
response until 23 June 2025.

We note the legal requirement upon Festimed Ltd to respond to your report within 56
days of the report. We note your concerns that you require a response to are about the

9002252 Handling a Regulation 28 Report JLA v2

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 lack of availability of the appropriate equipment and adrenaline to safety treat a baby the
age of Eleanor. We also note that Festimed have not responded to the report.

We understand that Festimed Ltd provided care and treatment to Eleanor Curley-
Bennett both at the festival event site and in their ambulance during conveyance to
Telford Hospital.  CQC’s regulatory powers do not include care and treatment provided
at event work. We do not regulate services, including ambulance providers, who provide
a service at events.  This meant the care and treatment given by Festimed Ltd to
Eleanor at the festival site was not regulated by CQC. CQC can only regulate the
service once the ambulance leaves the event (festival site). We are unable to comment
on this aspect due to it being outside of our regulatory remit/scope and note that
Festimed was the original sole Respondent who would have been in a better position to
respond to the concerns whilst on site. This meant only the care and treatment provided
by Festimed Ltd to Eleanor in the ambulance once it had left the festival site, was in
scope for regulation by CQC.

The Government has committed to bring healthcare and treatment delivered at events
into scope and CQC is working in close liaison with colleagues at DHSC to remove
exemptions to make this happen. The timescales for the new regulations coming into
effect are yet to be confirmed, but current indications are that providers will be able to
start submitting registration applications at some point in 2026, with the new regulations
coming into effect for the purposes of assessment and enforcement at some point in
2027. Until that time, CQC does not have the legal power to regulate activities at events.

We have noted your concerns about the lack of availability of the appropriate equipment
and adrenaline to safety treat a baby the age of Eleanor. We have not been able to get
any assurance from this provider about the actions they have taken to prevent a future
death. The actions we have taken to try to get assurance are detailed below.

  Festimed Ltd notified CQC about the death of Eleanor in August 2023. The

 

registered manager of Festimed Ltd informed CQC in August 2023 that once
completed he would share the report and findings from his investigation into the
events surrounding the death of Eleanor.
In September and October 2024 CQC contacted the registered manager of
Festimed Ltd for an update on action taken following the investigation of
Eleanor’s death. The registered manager did not respond to the request.
  We initially became aware of the prevention of future death report on 31

December 2024, following review of the Courts and Tribunals Judiciary website.
We noted the legal requirement for Festimed Ltd to respond to your report within
56 days.

  On 3 January 2025 we wrote to Festimed Ltd again, requesting written

confirmation and evidence of the action they had taken to date following this
death and any additional action they intended to take in response to the
prevention of future death report. Festimed Ltd did not respond.

  On 3 February we wrote to Festimed Ltd again, in a section 64 letter, requiring
them to provide the above information. This letter was sent by email, following

9002252 Handling a Regulation 28 Report JLA v2

2

 which we received this message, “Delivery has failed to these recipients or
groups.”

  On 4 and 5 February 2025 we called the Festimed Ltd telephone number which
did not connect. We called the telephone number for Festimed Ltd’s registered
manager which went straight to voice mail on both occasions. We left a voice mail
message asking him to contact CQC. He did not respond or contact CQC.

  On 7 February 2025 we sent the same section 64 letter by recorded delivery. This
was returned to CQC by Royal Mail on 14 February 2025 with the detail the letter
could not be signed for because the addressee had gone away.

We also reviewed Festimed Ltd details on Companies House and identified they had
gone into voluntary liquidation on 12 February 2025 and our understanding is that they
are no longer providing a service.

We can confirm that since Festimed Ltd was registered with CQC in 2014 our
registration processes have been reviewed, with more supporting information and
policies now assessed at the time of registration. This will assess potential providers
commitment to providing equipment to meet the needs of all people they intend to
provide a service to.

We appreciate HMC raising the concerns us. We can confirm that CQC is working in
close liaison with colleagues at DHSC to remove exemptions to allow CQC to regulate
services providing care and treatment. Please contact CQC if you require any further
information/assistance.

Yours sincerely

Deputy Director

9002252 Handling a Regulation 28 Report JLA v2

3

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