Prevention of Future Deaths reports · 2015

Andrew Frere

Regulation 28 report to prevent future deaths, written 8 Sep 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report8 Sep 2015
DeceasedAndrew Frere
CoronerNeil Cameron
Coroner areaSouth Yorkshire (East)
CategoryState Custody related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

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.

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Neil Cameron
Assistant Coroner for South Yorkshire (East District)

[ ~ | REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO: Rosie Hanna
Head Of Safer Custody and Learning,
Equalities, Rights and Decency Group, The Ministry Of Justice, Clive House, 70 Petty
France, London SW1H 9EX

|

CORONER

| am Neil Cameron, Assistant Coroner for South Yorkshire (East District)

L

| CORONER'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.
htto:/Awww legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7

http://www legislation.gov.uk/uksi/2013/1 629/part/7/made

3 | INVESTIGATION and INQUEST

On 13/02/2014 | commenced an investigation into the death of Andrew Douglas Frere, 34 . The
investigation concluded at the end of the inquest on 08 September 2015. The conclusion of the
inquest was that he took his own life whilst the balance of his mind was disturbed.

CIRCUMSTANCES OF THE DEATH

On 19" January 2014 Andrew Frere self harmed whilst a prisoner at HMP
Moorland, Doncaster. He was placed on an ACCT, which remained open and
which was subject to 11 reviews under the ACCT procedure until 10 February
2014, when he died as a result of suspending himself by a ligature formed from
a bedsheet in his cell.

He was initially placed on continuous observation and for this purpose was
moved from the houseblock where he was located to a gated cell in the
Induction Wing. He was diagnosed as suffering from depression with some
psychotic features, and appeared in particular to have concerns about returning
to reside on the houseblock and about which would happen following his
forthcoming release from prison. As regards the former concern, although he
clearly felt more comfortable on the Induction Wing, it was recognised that long-
term residence on that wing was not practicable, and that he would have to be
reintegrated onio the houseblock at some point. It was also recognised that it
was undesirable for him to remain under constant observation for any longer
than was necessary.

Andrew Frere appears to have made good progress under the ACCT, but the
improvement was not without setbacks during which he felt low in mood and
expressed suicidal ideation. Those were appropriately recorded in the ACCT
ongoing record.

SS TT ll
Coroner's Court and Office, Doncaster Crown Court, College Road, Doncaster, DNI 3HS
Tel 01302 320844 | Fax 01302 364833

At the ninth review, held on 31 January 2014 , the level of observation was
reduced to one per hour. At the tenth review, on 4 February 2014, it was
decided to move him back to his cell in the houseblock. At the eleventh review,
on 7 February 2014, this level of observation was further reduced to 6 per 24
hours. He hanged himself in his cell during a short period when prisoners were
locked up for lunch, between 12.30 pm and 1.30 pm.

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. —

(1) Prison Service Instruction 64/2011 requires that prisoners under continuous
observation should be seen by a doctor very 24 hours. The evidence given at
the inquest indicated that this was not practicable, and the rule was widely
recognised as not being so practicable.

My concern is less or to the apparent impracticability of the PSI, but more that,
this impracticability having been recognised, the rule appears to have been
ignored, rather than any attempt having been made at least to comply as closely
as possible. Since Andrew Frere’s death this is now done at HMP Moorland by
having nursing staff see the prisoner when a doctor is not available, but the
problem with the impracticability of the PSI appears to be national, rather than a
local one, and ought to be the subject of some sort of guidance at national level.

(2) The PSt does not appear to include any specific instruction that the case
manager, or others attending ACCT review, should ensure that they read the
ongoing observations, at least as far back as the previous review, in order to
ensure that they are aware of recent events when they carry out such a review.

My concern is that potentially important information, which might affect decisions
taken at the review, may be missed if the recent observations are not read.

eee,
Coroner's Court and Office, Doncaster Crown Court, College Road, Doncaster, DN1 3HS
Tel 01302 320844 | Fax 01302 364833

=

6 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.

7 YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report, namely by
03 November 2015. 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
| have sent a copy of my report to the Chief Coroner and to the following Interested Persons
sarin cio Howells Solicitors, 15-17 Bridge Street, Sheffield, $3 8NL., Ref:
Nottinghamshire Healthcare NHS Trust, c/o Mills and Reeve Solicitors, Botanic House, 100 Hills
Road, Cambridge, CB2 1PH, Ref:BDHA/4005783-1304
| am also under a duty to send the Chief Coroner a copy of your response.
The Chief Coroner may publish either or both ina 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.

Dated 08 Septem

Signature
Assistant Coronet for South Yorkshire (East District)

>=
Coroner's Court and Office, Doncaster Crown Court, College Road, Doncaster, DN1 3HS
Tel 01302 320844 | Fax 01302 364833

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