Prevention of Future Deaths reports · 2025

Paul Burke

Regulation 28 report to prevent future deaths, reference 2025-0215, written 2 May 2025. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report2 May 2025
Reference2025-0215
DeceasedPaul Burke
CoronerJacques Howell
Coroner areaHertfordshire
CategoryEmergency services related deaths (2019 onwards) · Hospital Death (Clinical Procedures and medical management) related deaths
Organisation namedWest Hertfordshire Teaching Hospitals NHS Trust
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

HERTFORDSHIRE CORONER 
The Old Courthouse, St Albans Road East, Hatfield, Hertfordshire, AL10 0ES 

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  Secretary of State for Health & Social Care 

1  CORONER 

I am Jacques Howell, area coroner, for the coroner area of Hertfordshire  

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 1 June 2023 an investigation was commenced into the death of Paul Anthony Burke, aged 
41.  The investigation concluded at the end of the inquest on 25 April 2025. The conclusion 
of the inquest was that Mr Burke died as a consequence of Type 2 Respiratory failure, the 
underlying cause of which was not promptly identified nor treated, thereby contributing to his 
death.  The medical cause of death was found to be: 

1a. Type 2 Respiratory Failure 

1b. Obesity Hypoventilation Syndrome and Congestive Cardiac Failure 

2. Obesity – Grade 3 

4  CIRCUMSTANCES OF THE DEATH 

Mr  Burke  was  a  41-year-old  gentleman  with  a  past  medical  history  that  included  Obesity 
Hypoventilation  Syndrome.    On  19  December  2022  he  called  for  an  ambulance  due  to 
experiencing worsening shortness of breath.  The first call to the ambulance service was at 
14:07hrs.  This generated a category 2 response, requiring an ambulance resource within an 
average of 18 minutes, with 90% of calls being responded to within 40 minutes.  There were 
further calls to the ambulance service at 14:59hrs, 16:31hrs and 19:09hrs.  Throughout this 
time, the call remained as a category 2 response.  No ambulance resource was sent. 

The final call to the ambulance service was at 20:16hrs, a little over 6 hours from the original 
call  to  advise  the  ambulance  service  that  Mr  Burke  was  being  taken  to  hospital  by  car  by 
members of his family who had come to assist. 

Mr Burke arrived at Watford General Hospital at around 20:51hrs.  During initial assessment 
a venous blood gas (VBG) identified that he was experiencing Type 2 Respiratory Failure, 
Page 1 of 3 

 
 
 
 
 
 
 
 and  he  was  therefore  transferred  to  the  resuscitation  area  of  the  emergency  department.  
Over the following hours he was reviewed by a number of clinicians, all of whom were not 
aware of the VBG result, and made a diagnosis of fluid overload due to likely heart failure.  
However,  there  was  no  detailed  consideration  of  the  underlying  cause  for  Mr  Burke’s 
worsening respiratory function even though his past medical history of obesity hypoventilation 
syndrome was known.   

At around 22:30hrs on 20 December 2022, Mr Burke’s condition deteriorated.  Arterial blood 
gas (ABG) testing was undertaken which showed that he was significantly unwell and in Type 
2 Respiratory Failure.  Consequently, Mr Burke was transferred to the Acute Respiratory Care 
Unit and was placed on non-invasive ventilation.  Sadly, this was not successful and Mr Burke 
suffered a respiratory collapse and passed away at 07:44hrs on 22 December 2022. 

On the facts of this particular case, whilst the inability of the ambulance service to send a 
resource  to  Mr  Burke  leading  to  his  delayed  presentation  to  hospital  was  recognised;  the 
delay was unlikely to have more than minimally contributed to his death.   

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.    Delay  in  ambulance  response  and  the  consequent  delay  in  the  provision  of  pre-
hospital emergency care. 

As  set  out  above,  Mr  Burke  first  made  a  call  to  the  ambulance  service  at  14:07hrs  on  19 
December  2022.    The  call  was  triaged  as  requiring  a  category  2  response,  requiring  a 
response within an average of 18 minutes, with 90% of calls being responded to within 40 
minutes. 

I received evidence that category 2 calls are for those whose condition is potentially serious 
and require rapid assessment, urgent on scene intervention or urgent transport to hospital.  
By  way  of  example,  patients  who  fall  within  this  category  can  include  those  who  are 
unconscious, experiencing chest pain or suffering with stroke symptoms.   

Despite  the  urgency  with  which  an  ambulance  was  required  for  Mr  Burke  no  ambulance 
resource was available.  It was only due to the intervention of his family who came to his aid 
that he was able to get to hospital – others may not be so fortunate.  

I heard evidence that on 19 December 2022, the local ambulance service was under extreme 
pressure.    At  14:40hrs  on  19  December  2022,  the  ambulance  service  had  a  total  of  243 
outstanding category 2 calls waiting for an ambulance response.  37 of these were within the 
Hertfordshire area.  This was compounded by the fact that 11 ambulances were delayed at 
Watford General Hospital, one of which had been waiting to handover their patient for over 5 
hours.  At 18:01hrs on 19 December 2022, this had grown to 315 outstanding category 2 calls 
waiting for an ambulance response.  47 of these were within the Hertfordshire area.  This was 
compounded  by  the  fact  that  9  ambulances  were  delayed  at  Watford  General  Hospital, 
waiting to hand over patients. 

Whilst it is clear that the ambulance service were under extreme pressure on 19 December 
2022,  on  the  evidence  I  heard,  this  is  not  an  isolated  incident.    In  December  of  2022  the 
average response time for a category 2 ambulance was 61 minutes.  In December 2023 the 

Page 2 of 3 

 
 
 average response time for a category 2 ambulance was 125 minutes.  In December 2024 the 
average response time for a category 2 ambulance was 50 minutes.  These times are against 
a target average response time of 18 minutes.   

The  East  of  England  Ambulance  Service  (EEAS)  has  and  continues  to  take  action  in 
conjunction with relevant stakeholders to try and minimise these delays.  However, there is 
only so much they and other parties can do.  

On the evidence that I heard the reasons for ambulance delays appear to be multi-factorial 
and  includes  issues  throughout  the  wider  health  system  and  are  issues  not  unique  to 
Hertfordshire.  

In light of the above, I have a concern that is a risk of future deaths occurring due to continuing 
delays in the provision of pre-hospital emergency care which appear to be multi-factorial in 
nature.  

6  ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe your organisation 
has 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 27 June 2025. 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 Burke 
2.  The East of England Ambulance Service 
3.  West Hertfordshire Teaching Hospitals NHS Trust 

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.   

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 

Dated: 2 May 2025 

Jacques Howell 
Area Coroner for Hertfordshire 

Page 3 of 3

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 Dhsc (PDF)
Minister of State for Health (Secondary Care)  

39 Victoria Street  
London  
SW1H 0EU  

27 June 2025  

Our ref: 

HM Coroner Jacques Howell  
Hertfordshire Coroner Service,  
The Old Courthouse,  
St Albans Road East, 
Hatfield,  
Hertfordshire  
AL10 0ES 

By email: 

Dear Mr Howell,  

Thank you for the Regulation 28 report of 2 May sent to the Secretary of State about the 
death of Paul Anthony Burke. I am replying as the Minister with responsibility for urgent and 
emergency care.  

First, I would like to say how saddened I was to read of the circumstances of Mr Burke’s 
death and I offer my sincere condolences to his family and loved ones. The circumstances 
your report describes are concerning and I am grateful to you for bringing these matters to 
my attention.   

The  report  raises  concerns  regarding  prolonged  ambulance  response  times,  operational 
pressures  faced  by  the  East  of  England Ambulance  Service  NHS  Trust  and  ambulance 
handover delays.  In  preparing  this  response,  my  officials  have  made  enquiries  with  NHS 
England to ensure we adequately address your concerns.  

The  Government  is  clear that  patients  should  expect  and  receive  the highest  standard  of 
care from the NHS. The Government also accepts that the NHS’s urgent and emergency 
care performance has been below the high standards that patients should expect in recent 
years. We have been honest about the challenges facing the NHS and we are serious about 
tackling the issues; however, we must be clear that there are no quick fixes.  

In Summer 2025, the Government will publish its 10-Year Health Plan which will set out the 
radical reforms for the NHS. The health plan will focus on ensuring three big reform shifts in 
the way our health services deliver care.  First, from ‘hospital to community’ to bring care 
closer to where people live. Second, from ‘analogue to digital’ with new technologies and 
digital approaches to modernise the NHS, and third from ‘sickness to prevention’ so people 
spend less time with ill-health by preventing illnesses before they happen. The reforms will 
support putting the NHS on a sustainable footing so it can tackle the problems of today and 
the future.  

  
  
  
  
  
  
 
  
  
   
   
   
  
 But  we  know  that  we  need  to  start  making  progress  immediately.  On  6  June  2025,  we 
published our Urgent and Emergency Care Plan for 2025/26. The plan requires the NHS to 
focus  on  those  activities  that  will  have  the  biggest  impact  on  improving  urgent  and 
emergency care performance, including ambulance response and handover times:  

o  at least 78% of patients in A&E departments will be seen within 4 hours.  A&E 4hour 

performance in April 2025 was 74.8%;      

o 

o 

reduce ambulance handovers to a minimum of 45 minutes, helping get 550,000 more 
ambulance back on the road for patients, and reduce category 2 ambulance response 
time to 30 minutes. Category 2 ambulance performance in April 2025 was averaging 
c.27 minutes;      

reduce the number of patients waiting over 12 hours for admission or discharge from 
an emergency department to less than 10%. 137,207 patients (9.9%) waited over 12 
hours from arrival in April 2025;  

o  capital funding of almost £450 million to increase provision of Same Day  

Emergency Care, Mental Health Crisis Assessment Centres, avoiding unnecessary 
admissions to hospital and supporting the diagnosis, treatment and discharge on the 
same day for patients;  

o  support the prevention of people becoming seriously ill from winter respiratory viruses 

including flu by making it easier to access routine vaccinations for staff and patients.    

In January 2025, we set out priorities for the NHS and local authorities on how to move to a 
neighbourhood health service that delivers more care at home or closer to home. We are 
asking  local  systems  to  systematically  implement  six  core  components  of  neighbourhood 
health,  which  will  help  people  stay  healthy  and  independent  for  longer  and  reduce 
unnecessary time spent in hospital, including tackling hospital discharge delays which will 
improve patient flow through hospitals and reduce ambulance handover delays.  

These measures mark a fundamental shift in our approach to urgent and emergency care – 
moving from fragmented efforts to genuine collaboration across the whole system and mean 
better coordination between NHS trusts and primary care to identify patients most vulnerable 
during winter.  

I hope this response is helpful. Thank you for bringing these concerns to my attention.    

Yours sincerely,   

MINISTER OF STATE FOR HEALTH

Related reports

Other reports by Jacques Howell

See all →

More reports categorised “Emergency services related deaths (2019 onwards)”

See all →

Track West Hertfordshire Teaching Hospitals NHS Trust

See every Prevention of Future Deaths report matching West Hertfordshire Teaching Hospitals NHS Trust, and how often a new one appears.

What would an alert for this have sent me? Search the full text

Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.

These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.