Prevention of Future Deaths reports · 2016

Olawale Adelusi

Regulation 28 report to prevent future deaths, written 22 Jul 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report22 Jul 2016
DeceasedOlawale Adelusi
CoronerJeremy Chipperfield
Coroner areaLondon (West)
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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DIRECTORATE OF PROFESSIONALISM

Jeremy Chipperfield, Ton ayers
Assistant Coroner, Deputy Assistant Commissioner
West London Coroner's Court,
25 Bagleys Lane, Room 2.4
London, SW6 2QA. Buckingham Gate
London
Coroners’ Clerk: SW1E 6JP

coroner.referrals@Ibhf.gov.uk
Tel: 0208753 6800
Tel: 020 7230 0813

Our ref: 1X-224-16

Date: 9th September 2016

Dear Mr Chipperfield,

| write on behalf of the Metropolitan Police Service (MPS) in response to your Regulation 28
Report to prevent future deaths dated 22™ July 2016. This followed the conclusion of the
inquest into the circumstances of the death of Olawale Adelusi on 13"" November 2014 at St.
Mary's Hospital, Paddington. The inquest concluded on 1® July 2016 and was held before a
jury. The cause of death was recorded as misadventure.

You raised one maiter of concern:

1. The absence of an effective system to ensure appropriate transmission of all
information relevant to assessment of the (i) risk of self- harm or (ii) mental health of
detained persons

MPS Response- Preface

In drafting a response _we have consulted with subject area experts, principally Chief
ll Lead Met Detention a
HE and , of the Met Detention Business Improvement Team.
Met Detention has primacy within the MPS for policies and practices that shape how we deal

with detainees whilst they are in our care.

We have also consulted with the National Offender Management Service (NOMS), the lead
agency in this area. NOMS have ownership of the Prisoner Escort Record (PER) form and
the processes involved in the system by which risk information is shared between all parties
involved in the transfer of individuals within the criminal justice system. The physical
manifestation at present is the ‘PER form’, a paper record sheet, used by all participating
agencies to document and manage the safe transit of prisoners between all custody
environments: prison, police stations, courts or hospitals.

Finally, we have also liaised with the office of Chief Constable |B, Surrey Police,
who is the Nationai Police Chief's Council (NPCC) lead for ‘Safer Custody’, and the police
delegate to the Ministerial Group on Deaths in Custody.

Dates, relevant parties and communications have where possible been confirmed by
reference to emails, meeting minutes, published policies, intranet communications or other
documents. The following response is based upon a review of such documents by

HEE f the MPS Directorate of Professional Standards (DPS). This response was then
shared and reviewed by the parties previously referenced. As the matter of concern raised
by you relates to issues of documentation this has been the focus of our review. We have
not considered the evidence given by individuals during the course of the inquest itself which
you will already have considered separately.

Response to Concern: Absence of effective system for sharing of risk information on
transfer of detainees

The transmission of risk information relating to detainees on transfer within the Criminal
Justice System is currently provided for by the Person Escort Record (PER)'. The PER is a
paper based form and is described as:

‘the key vehicle for ensuring that information about the risks posed by
prisoners on external movement from prisons or transferred within the
criminal justice system is always available to those responsible for their
custody. It is a standard form agreed with and used by all agencies involved
in the movement of prisoners. The form highlights the risks posed by and the
vulnerability of prisoners on external movement, provides assurance that the
risks and weaknesses have been identified and communicated to those who
are responsible for the prisoner and provides a record of events during a
prisoner’s movement.”

The design of the form and protocols for its use are the responsibility of NOMS, though the
current form and any future versions will be agreed in discussion and agreement with all the
stakeholders who use the form. The current PER was first issued in 2009 and its use
adopted across all agencies during 2010. The PER is currently used by the police, NOMS,
Secure Hospital Estate, the Home Office (for immigration detainees) and the escort
contractors. The Metropolitan Police are therefore merely one of a number of users of the
system, and whilst we can make suggestions and influence the future development of the
system from this position, such changes would need to be made in agreement with all the
other participating agencies, and with NOMS.

The PER must be completed before any external movement or transfer of detainees. When
correctly completed, the information imparted is expected to help prevent suicide, self-harm
and other serious incidents from occurring, by alerting partner agencies to potential risks°.

' College of Policing Ltd., (2016). Detention and custody: Risk Assessment. Available:
http://www.app. college. police,uk/app-content/detention-and-custody-2/risk-assessment/#person-escort-record-form .
Last accessed 31/8/2016.

? HM Prison Service (2000), PER — user handbook

? HM Inspectorate of Prisons (2012). Thematic report: the use of the person escort record with detainees at risk of self-
harm.

The College of Policing guidelines require that forces ensure custody officers and staff are
trained and competent to perform their role, which includes understanding the purpose of the
PER process, and completing it competently.* Within the MPS this function is managed by
Met Detention. The importance of the form and its correct completion are covered in initial
training for all Custody staff and supervisors, and ongoing guidance for MPS staff in the
completion of the PER is additionally provided through the provision of a ‘Custody Toolkit’ °,
a reference source available at all times to staff via the MPS intranet.

In summary correct use of the Prisoner Escort Record should provide for the effective
sharing of risk information relevant to assessment of the (i) risk of self- harm or (ii) mental or
physical health of detained persons to support their welfare and protect staff and members of
the public when transferring a detainee.

However, as identified in your Report this information is not always shared correctly or in
sufficient detail between parties. These concerns have also been echoed in previous
‘lessons learned’ from Independent Police Complaints Commission (IPCC) reports, previous
Coroners Reports, and the findings of an HM inspectorate of Prisons review of the PER
system in 2012 °,

The 2012 HMIP Report found that 33% of PERs inspected were not fully completed and
where a risk of self- harm was identified the information presented was so limited that it
tended to mask the potential seriousness.

A principal theme of that report was the quality and thoroughness with which the PER forms
were completed. The HM Inspectorate of Prison’s report suggested that this was due to
weaknesses in the design and format of the existing PER, coupled to a lack of awareness by
users of the importance and purpose of the PER form.

In response to the findings of the HM Inspectorate on that occasion NOMS reviewed the
design of the PER form to address the key vulnerabilities identified. One strand of the work
was to initiate a project, ‘Moving People Safely’, one of the aims of which was to develop a
digital, internet web-browser based PER, obviating many of the concerns regarding legibility
or loss of paperwork attendant upon the hard copy versions of the form examined in the
study.

At time of writing, we are informed by NOMS that:

“...Whilst the project and NOMS have a long-term ambition for an end-to-end digital
product across all the journey types and sources (prison, police custody and court
custody), the project team are currently delivering a part digital and redesigned paper
product that integrates with the NOMS prison record system, NOMIS, and delivers
core benefits around the structure and reuse of prisoner information digitally. The
current iteration of the project is focused on the journeys between prison and court
custody and is currenily trialling between HMP Bedford and St Albans Courts.

In addition to the digital product, a revised paper PER form has also been produced
and been trialled. This has more space (on the front cover) to record the forms and
any additional paperwork which may accompany the PER, and includes a self- harm/

* College of Policing Ltd., (2015). Detention and custody: Custody management and planning. Available:
http://www.app.college.police.uk/app-content/detention-and-custody-2/custody-management-and-planning/#custody-
training-checklist . Last accessed 31/9/2016.

* Policy Pages, Custody, Metropolitan Police. Custody Toolkit.

° See #3 above, ibid.

suicide alert warning section as an integral part of the document. This was previously
a separate document. There is also additional space to record health and social care
information”

We understand from NOMS that feedback on the pilot version of PER from Winchester and
Bullingdon prisons and from Hampshire and Thames Valley Police has been positive. This
was discussed at the National Custody Forum, chaired by the national custody lead, Chief
Constable Ephgrave, and the police are supportive of using the new PER form nationally as
part of an enlarged trial. The NPCC will work with NOMS and the College of Policing to
facilitate this. It is hoped at time of writing that, subject to further consultation with all other
partner agencies, a national roll out will be achievable by the end of this year, or early next
year. The MPS stand ready to participate in this. Meanwhile, work on improvements to the
system continues, as the NOMS spokesman explains:

“In terms of timetables, the next digital milestone which is about to begin and ends at
the end of the year will cover:

1. Training, support and testing at HMP Bedford for all live digital products

2. Research, development and testing of product versions to support all other
journeys originating from HMP Bedford prison (ie Inter Prison Transfers (IPT),
hospital visits)

3. Pilot testing on one or two journey types at one other location (e.g. HMP
Winchester) to identify any changes to the product required to support other
establishment working practices

4. Research and planning of Police Custody and off bail version of service
5. Further NOMIS integrations
6. SystemOne England health information integration.” -

NOMS concludes that: “... The following milestone beginning in January 2017 will be looking
to develop the police custody version of the service.”

Delivery of the digital solution will depend on its successful integration with a number of
different police custody systems, and engagement on this is at an early stage.

For the time being, therefore, and for some time to come, the MPS must continue to use the
current form. As an interim measure we have taken steps to refresh the awareness of our
custody staff of the importance of completing the existing form correctly. Specifically, in the
light of this review MPS Met Detention are implementing the following measures:

e The inclusion of PER in the next training cycle for custody staff. (This is scheduled to
take place between October and January).

e A review of the training given to new custody staff attending their initial courses,
regarding the PER process.

e Areview of the guidance provided to staff via the ‘Custody Toolkit’.

e The development of a Quality Assurance monitoring system to assess the quality of
PER completion.

As mentioned above, the MPS have also indicated to NOMS a willingness to be an early
adopter of the revised hard copy PER form, and to engage with the PER digital project team

to assist in the development of this solution. Discussions regarding this are ongoing at time
of writing.

In conclusion

The MPS strives to be a learning organisation and to respond positively to well-founded
criticism. It is clear that failings in the transmission of sufficient risk information between
custodians when transferring detainees under the existing PER process is an issue
throughout the criminal justice system, not limited solely to the police, or the MPS use of the
PER form. We accept that vulnerabilities in the current process have been identified.
Medium and long term solutions to these vulnerabilities, which are due in part to the
construction of the existing PER process, require multi agency action at national level, driven
by NOMS and supported by the NPCC and other stakeholders. The urgency of implementing
these solutions has been discussed with both NOMS and the NPCC in the course of
preparing this reply. The MPS is committed to supporting NOMS wherever possible in the
development and implementation of these national solutions.

In the interim we are implementing a range of measures targeted at improving the quality of
PER completion within the MPS using the existing system.

| trust that this provides the reassurance that we have considered the points you have raised
fully, and have moved promptly to make such improvements in practice as are in our power
to deliver.

y'
eputy Assistant Commissioner

;

=! —=—-

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