Policing and Crime Bill

Debate between Robert Neill and Ann Coffey

Monday 13th June 2016 Commons Chamber

[Robert Neill]

I am immensely grateful to the Minister for that. That shortens greatly what I have to say. To fortify my right hon. Friend in what he says, let me say that the Public Accounts Committee found evidence that the Chief Fire Officers Association and the Local Government Association did not regard the peer review process as an adequate self-improvement tool. If he is happy to continue to talk to those with an interest in the sector and to deal with what might be an unintended lacuna, I and many others who wish him well in this endeavour, and who wish the fire and rescue services well, will be very happy to work with him to achieve that objective.

[Ann Coffey (Stockport) (Lab)]

New clause 12, which stands in my name, would amend section 1 of the Coroners and Justice Act 2009. It would scrap the distressing rules that provide that dementia sufferers who die in care homes while subject to a deprivation of liberty safeguard are classed as being in state detention.

I first took this issue up after being contacted by families who told me of their distress at having to wait to bury their loved ones because inquests are required into the deaths of dementia sufferers who are subject to a DoLS, irrespective of the circumstances of their death.

Councils were inundated with DoLS applications from care homes after a Supreme Court ruling in 2014, which effectively lowered the threshold for what constitutes deprivation of liberty in care. Guidance issued by the Chief Coroner to local coroners following the Supreme Court judgment said that all persons who died subject to a DoLS order must be the subject of a coroner’s investigation, whether or not their death was from natural causes, because such persons are deemed for the purposes of the 2009 Act to be in state detention.

The new clause was suggested by the Chief Coroner himself in response to, and in recognition of, the distress caused to relatives. The Chief Coroner indicated to the Law Commission and the Government that a simple amendment to the 2009 Act might solve the problem of unnecessary cases being reported to the coroner, at least in the short term. The amendment proposed by the Chief Coroner said:

“For the purposes of this Act, a person who dies while subject to an authorisation granted under Schedule A1 to the Mental Capacity Act 2005 depriving that person of his or her liberty and detaining him or her in a hospital or care home does not die while in custody or otherwise in state detention.”

Constituents have contacted me, including one woman who wrote after her mother died in a nursing home. She told me:

“My mum suffered from dementia and other health problems and we sat with her for four days and nights before she passed away. Within one hour of her death, uniformed police arrived and we were asked to leave the room.”