Preventing Future Deaths

For a many years, I’ve been regularly reading the website of the Chief Coroner, in particular the section on Preventing Future Deaths and I’ve blogged about this before.  I had a discussion with an academic last year about the potential of me undertaking PhD research on PFD issues affecting policing and mental health, not least because of the obvious potential to argue that lessons from these notices are not always fully learned.  To the extent that they are, usually by the organisations directly affected, they are not necessarily learned more widely across agencies and across the country.  

In my recent reading, I kept a list of cases with at least some bearing on policing and mental health issues and thought it may be useful to provide links and summary comments about those which stick out, at least for me.  This is not a llist of all PFDs, those listed are only those which I think are relevant to the interface of policing, mental health and criminal justice.

“You’re not just guilty of failing to learn lessons, you’re repeatedly guilty of failing to learn repeated lessons.”

— Deborah Coles, Executive Director of Inquest, 2017.

PFD NOTICES

Pre-2015

  • Olaseni Lewis, died-2010; conclusion-2017 – speaks to issues around ABD and restraint; as well as the medical oversight of police responses in medical settings during police attendance at a disturbance in a mental health setting.
  • Kingsley Burrell d-2011, c-2015 – speaks to issues on ABD / restraint; as well as the street triage as a generic solution when it’s unlikely to have affected this type of incident.  Of note on triage, is the response from the Metropolitan Police Commander who was NPCC lead at the time.
  • Leon Briggs, d-2013, c-2021 – speaks to the need for clear, effective protocols (s136) as well as training for police officers and greater awareness of post-restraint monitoring of those subject to a use of force.
  • Terry Smith, d-2013, c-2018 – speaks to issues around ABD and restraint; as well as the ambulance service interface with the police during MH crisis.
  • Katie Locke, d-2015, c-2021 – speaks to information sharing across police services, mental health trusts and probation around the risk posed by offenders under the PDP programme who have threatened to kill whilst mentally ill.

2017

  • Greg Hutchings, d-2017, c-2018 – speaks to the need for unambiguous communication between cooperating agencies and to a clear, joint understand of what ‘street triage’ actually is, inc what telephone triage between nurse and patient can amount to.
  • Eugeniusz Niedziolko, d-2017, c-2018 – speaks to issues on ambulance service responses to police-led healthcare incidents; to consideration of A&E care for drunk people and to the non-use of section 136 MHA in such cases.
  • David Stacey, d-2017, c-2018 – speaks to NHS legal duties and institutional compliance with the Mental Health Act itself (specifically s140 MHA) and the planning for predictable events to which that section gives rise.
  • Darren Cumberbatch, d-2017, c-2019 – speak to issues around ABD, restraint and the use of force, as well as the Probation Service’s awareness of ABD.
  • Sasha Forster, d-2017, c-2019 – speaks to issues of assumptions sometimes found within the health system about what is a police responsibility.  The Coroner’s concern about resources to return patients follow remarks in court by a senior doctor that despite the Code of Practice MHA highlighting the NHS trust’s responsibilities, they preferred the police to do it because they lacked resources.  Also speaks to indifference about the impact of policing on patients known to be fearful of them, as Sasha was.
  • Douglas Oak, d-2017, c-2019 – speaks to issues around ABD and restraint; as well as the ambulance service interface with the police during MH crisis.

2018

  • Nigel Abbott, d-2018, c-2019 – speaks to issues around joint s135 policies, agencies’ perception of others’ policies and responsibilities and urgently required MHA assessment and / or admission / no beds.
  • Kevin Clarke, d-2018, c-2020 – speaks to issues around ABD and restraint; as well as the ambulance service interface with the police during MH crisis, including inadequate clinical assessment and inherent medical risks.
  • Lauren Finch, d-2018, c-2020– highlights the impact of policing upon vulnerable people, even where that policing is unavoidable, necessary and proportionate. 
  • Khalid Yousef, d-2018, c-2022 – the importance about esclating concerns on risk management of not making assumptions about expertise in NHS L&D services.

2019

  • Ewan Brown, d-2019, c-2020 – speaks to the need for officers not only to have up to date training, but also refresher training on policing & mental health.
  • Deborah Lamont, d-2019, c-2020 – speaks to issues officers’ understanding MH legislation.  This case involved, amongst other things, non-use of s136 where it may have been considered lawful; also involved risk-taking advice from MH services to police that officers found uncomfortable but where they deferred to perceived expertise even through the MH professionals were not present to assess things in person.
  • Nimo Younis, d-2019, c-2020 – speaks the need for clarity of communication between agencies, to the need for agreements in protocols or at least clear agency procedures where there are no agreements, to ensure police are provided with relevant information when patient’s reported missing.
  • Stephen Richardson, d-2019, c-2023 – this relates to the ongoing position of insufficient beds in acute, adult psychiatric care: “that parlous position that has not
  • Valeria Biggs, d-2019, c-2021 – speaks to issues culture and risk taking in NHS mental health services.
  • Trevor Smith, d-2019, c-2021 – highlights the importance of information sharing between departments of a police force, prior to the conduct of an armed policing operation.
  • Felicity Clough, d-2019, c-2021 – highlights the importance of information sharing between NHS trusts and between police forces, following a death after reliance upon the Mental Capacity Act 2005.
  • Hedley Robinson, d-2019, c-2021 – speaks about communication and information sharing following assessment of a man who subsequently stabbed a victim.
  • Adam Stone, d-2019, c-2022 — speaks about an ABD intervention by the police, appropriateness of police actions, inc restraint and is addressed to the ambulance service to ensure category 1 responses for ABD.

2020

  • Thiago Araujo, d-2020, c-2021 – speaks to agencies’ perceptions of each others policies and responsibilities and two-week delays to convene a Mental Health Act assessment for someone at ‘acute risk of suicide’.
  • Anthony Fitzpatrick, d-2020, c-2021 – covers mental health and risk assessment in police custody not being objective.
  • Anthony Preston, d-2020, c-2021 – covers the suicidal mental health crisis in private premises and the roles of police and an ambulance when removing someone to an Emergency Department on a voluntary basis.
  • Jade Hutchings, d-2020, c-2022 – questions the adequacy of online police training and the non-implementation of the College of Policing’s 2016 training in the force concerned.
  • Daniel Lyle, d-2020, c-2023 – relates to officers involved in a police contact death stating they would welcome further training on mental health.
  • Heather Findlay, d-2020, c-2023 – this relates to a patient who absconded from escorted 17 leave and died by suicide within 45-mins.  The PFD notice touches upon the “Right Care, Right Person” approach which is at various stages of roll-out across police forces in England.
  • Nicola Norman, d-2020, c-2023 – speaks to the difficulties and challenges of NHS telephone crisis services.
  • Rachel Garrett, d-2020, c-2023 – coroner emphasising that MH Trust staff working as liaison in an acute hospital cannot invoke s5(2) or s5(4) MHA in hospital.
  • Roberto Bettello, d-2020, c-2024 — speaks to the important of communication between and amongst agencies, situational security and the duty of candour after an untoward incident.

2021

  • Alexandra Tolley, d-2021, c-2021 – highlights cultural attitudes towards risk and s17 leave within an NHS mental health trust.
  • Jack Taylor, d-2021, c-2021 – speaks to issues around MH trusts responsibilities to return patients, AWOL protocols and consistency with force missing persons’ policies.
  • Angeline Phillips, d-2021, c-2021 – this relates to the downgrading of a log about a concern for the welfare of a vulnerable person, received from a friend and to a subsequent decision that it was “a medical matter” which was transferred to the ambulance service.
  • Hannah Beardshaw, d-2021, c-2022 – delays in police attending a welfare check and assisting the ambulance service.
  • Daniel Clements, d-2021, c-2022 – a PFD about extending the scope of s136 MHA after the suicide of a man not thought to be in acute mental distress.
  • Joseph Martin, d-2021, c-2023 – information sharing between police forces which may have affected use of s136 MHA to safeguard someone at risk.
  • Mouayed Bashir, d-2021, c-2024 — speaks to the importance of all officers, esp junior officers, speaking up about concerns someone may have ABD.

2022

  • Rebecca Fisher, d-2022, c-2023 – speaks on the absence of a voluntary patient and a failure to treat her as a high risk missing person because of her voluntary status under the MHA.
  • Leroy Hamilton, d-2022, c-2023 – highlights various concerns about police removal of a man to A&E on a voluntary basis, a lack of joint protocols about informal missing patients.

Remember what these are: notices from a Coroner to say that unless certain changes are made by organisations with the responsibility, other people may die. 

Winner of the President’s Medal, the Royal College of Psychiatrists.

Winner of the Mind Digital Media Award

 

All opinions expressed are my own – they do not represent the views of any organisation. (c) Michael Brown, 2024

I try to keep this blog up to date, but inevitably over time, amendments to the law as well as court rulings and other findings from inquests and complaints processes mean it is difficult to ensure all the articles and pages remain current.  Please ensure you check all legal issues in particular and take appropriate professional advice where necessary.

Government legislation website – www.legislation.gov.uk