Nicholas Dumphreys
PFD Report
All Responded
Ref: 2023-0021Deceased
All 1 response received
· Deadline: 16 Mar 2023
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Response Status
Responses
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56-Day Deadline
16 Mar 2023
All responses received
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Source: Courts and Tribunals Judiciary
Coroner's Concerns
(1) In the course of the inquest I heard evidence about the role of the National Association of Police Fleet Managers ('NAPFM'). BMW UK made several presentations to NAPFM with a view to them publicising concerns about the N57 engine to their members. However, I heard evidence from the current chair of NAPFM and it is important to make two observations. First, NAPFM membership is not mandatory. There are police fleet managers who, for whatever reason, might not choose to join. Second, NAPFM has no official standing, status, or budget. It is largely reliant on the goodwill of its members to function. I am concerned that this informal approach may not be sufficiently robust. It may not ensure that safety critical information is passed to individual police forces.
(2) Evidence was given as to how 'end of life' police vehicles are disposed of. It was explained that quite frequently such vehicles are sold at auction. In relation to vehicles with N57 engines I heard that a particular effort was made to ensure that they were not auctioned but were destroyed. However, this appeared to me to be an ad hoc arrangement. I am concerned that there is no policy or guidance which ensures that equipment which is known to be faulty is not auctioned off and purchased by unsuspecting members of the public.
(3) The evidence that I heard indicated that there are no national standards for police garages and mechanics. I can understand that overly prescriptive guidelines might not be fit for purpose; the nature of different police areas may place very different demands on vehicles. A 'one size fits all' policy could be problematic. However, I am concerned that the absence of any standards risks inadequate performance going unnoticed.
(2) Evidence was given as to how 'end of life' police vehicles are disposed of. It was explained that quite frequently such vehicles are sold at auction. In relation to vehicles with N57 engines I heard that a particular effort was made to ensure that they were not auctioned but were destroyed. However, this appeared to me to be an ad hoc arrangement. I am concerned that there is no policy or guidance which ensures that equipment which is known to be faulty is not auctioned off and purchased by unsuspecting members of the public.
(3) The evidence that I heard indicated that there are no national standards for police garages and mechanics. I can understand that overly prescriptive guidelines might not be fit for purpose; the nature of different police areas may place very different demands on vehicles. A 'one size fits all' policy could be problematic. However, I am concerned that the absence of any standards risks inadequate performance going unnoticed.
Responses
Response received
View full response
Dear Mr Cohen Re Regulation 28 Report to Prevent Future Deaths - Investigation into the death of Nicholas Dumphreys I am writing in response to your letter dated 18th January 2023 and the matters of concern. Firstly may I take this opportunity to assure you of the National Police Chiefs’ Council’s full support and commitment to continued action concerning the issues you raise. In respect of all three areas you detail I had already instigated work prior to the regulation 28 notice being sent but I fully accept the appropriateness of the notice and the rightful focus the regulation 28 notices bring. I am very confident that the actions taken already and plan going forward addresses the issues. I will detail actions and plan under each area raised:
1. National Association of Police Fleet Managers (NAPFM) – no official status and robustness of the structure:
A reorganisation of the NPCC Fleet structure has taken place and a new NPCC led governance and delivery structure is currently being established. This will ensure NPCC ownership and direction of all Police Fleet issues including the dissemination of safety critical information.
At the time of the death of PC Dumphreys the NPCC had already in place a National Fleet Portfolio led by a Chief Officer. NAPFM in essence sat under this portfolio, but as you rightly identify, most of the guidance and direction to fleet managers was disseminated via NAPFM and not, in many cases, as obviously from the NPCC.
In Summer 2022 I was appointed the new NPCC Fleet lead and from that time over a period of months met with NAPFM executive members to agree a new NPCC led governance and delivery structure. This is currently being progressed and will include the formation of:
• NPCC Fleet governance - Strategic group (with Chief Officer representatives from every Region)
- Tactical group (with fleet representatives from every Region)
1st Floor, 10 Victoria Street, London SW1H 0NN
- This governance structure will agree and deliver the NPCC agreed strategy and work plan.
• This governance structure will issue direction and guidance concerning Police Fleet to every NPCC Police Force/Organisation. This will be issued by the NPCC and not from NAPFM.
2. End of life Police vehicles - policy or guidance concerning vehicles known to be faulty – specifically N57 effected engines:
Policy and guidance will be developed as part of the “National Police Fleet Standards”. This will define a consistent approach for the disposal of any police vehicles that may pose a risk, through a common standard, agreed and held by the NPCC. This policy will be delivered as a priority workstream. In respect of the N57 engine equipped vehicles, guidance was sent to all Forces on 8th July 2022, with advice from NAPFM and NPCC that any vehicle that had been classified as ‘red flagged’ should be disposed of in a way that ensures the engine block could never be reused. Whilst the guidance was from both NPCC and NAPFM, it was issued on NAPFM headed paperwork. Therefore week commencing the 20th March 2023, I am going to write to each Chief Constable attaching this response to your regulation 28 notice in order to highlight the importance of the issues you raise and my response as NPCC lead. Within this correspondence I will also reissue the N57 disposal advice but put this clearly under NPCC branded guidance.
3. No national standards for police garages and mechanics:
When I took ownership of the NPCC Fleet portfolio in Summer 2022 I asked for consistency and standards for police garages to be considered as a workstream. Since that time this has been developed into a workstream under the revised NPCC Fleet portfolio and structure as detailed in point one above. The portfolio is now working on the Development and implementation of a National Police Vehicles Servicing / Operating Standards and Code of Practice with the aim to be published and presented for adoption by all Forces. This will reference industry best practice and minimum standards relevant to operating police vehicles, alongside participation and awareness of emerging risks across sector and industry. This work includes the development and implementation of Blue Light specific training and accreditation for technicians working on police vehicles. I do not yet have an honest assessment on how long this will take to develop, or indeed if every Chief Constable will agree to it. However, my commitment is that the NPCC Fleet portfolio will deliver options for the Police Service within the initial priorities in the portfolio work plan. I trust this provides you with assurance that we have taken the learning from the regulation 28 notice with the acknowledgement that it deserves and remain committed to focusing on the actions as outlined above.
1. National Association of Police Fleet Managers (NAPFM) – no official status and robustness of the structure:
A reorganisation of the NPCC Fleet structure has taken place and a new NPCC led governance and delivery structure is currently being established. This will ensure NPCC ownership and direction of all Police Fleet issues including the dissemination of safety critical information.
At the time of the death of PC Dumphreys the NPCC had already in place a National Fleet Portfolio led by a Chief Officer. NAPFM in essence sat under this portfolio, but as you rightly identify, most of the guidance and direction to fleet managers was disseminated via NAPFM and not, in many cases, as obviously from the NPCC.
In Summer 2022 I was appointed the new NPCC Fleet lead and from that time over a period of months met with NAPFM executive members to agree a new NPCC led governance and delivery structure. This is currently being progressed and will include the formation of:
• NPCC Fleet governance - Strategic group (with Chief Officer representatives from every Region)
- Tactical group (with fleet representatives from every Region)
1st Floor, 10 Victoria Street, London SW1H 0NN
- This governance structure will agree and deliver the NPCC agreed strategy and work plan.
• This governance structure will issue direction and guidance concerning Police Fleet to every NPCC Police Force/Organisation. This will be issued by the NPCC and not from NAPFM.
2. End of life Police vehicles - policy or guidance concerning vehicles known to be faulty – specifically N57 effected engines:
Policy and guidance will be developed as part of the “National Police Fleet Standards”. This will define a consistent approach for the disposal of any police vehicles that may pose a risk, through a common standard, agreed and held by the NPCC. This policy will be delivered as a priority workstream. In respect of the N57 engine equipped vehicles, guidance was sent to all Forces on 8th July 2022, with advice from NAPFM and NPCC that any vehicle that had been classified as ‘red flagged’ should be disposed of in a way that ensures the engine block could never be reused. Whilst the guidance was from both NPCC and NAPFM, it was issued on NAPFM headed paperwork. Therefore week commencing the 20th March 2023, I am going to write to each Chief Constable attaching this response to your regulation 28 notice in order to highlight the importance of the issues you raise and my response as NPCC lead. Within this correspondence I will also reissue the N57 disposal advice but put this clearly under NPCC branded guidance.
3. No national standards for police garages and mechanics:
When I took ownership of the NPCC Fleet portfolio in Summer 2022 I asked for consistency and standards for police garages to be considered as a workstream. Since that time this has been developed into a workstream under the revised NPCC Fleet portfolio and structure as detailed in point one above. The portfolio is now working on the Development and implementation of a National Police Vehicles Servicing / Operating Standards and Code of Practice with the aim to be published and presented for adoption by all Forces. This will reference industry best practice and minimum standards relevant to operating police vehicles, alongside participation and awareness of emerging risks across sector and industry. This work includes the development and implementation of Blue Light specific training and accreditation for technicians working on police vehicles. I do not yet have an honest assessment on how long this will take to develop, or indeed if every Chief Constable will agree to it. However, my commitment is that the NPCC Fleet portfolio will deliver options for the Police Service within the initial priorities in the portfolio work plan. I trust this provides you with assurance that we have taken the learning from the regulation 28 notice with the acknowledgement that it deserves and remain committed to focusing on the actions as outlined above.
Report Sections
Investigation and Inquest
On 29 January 2020 I commenced an investigation into the death of Nicholas Dumphreys. The investigation concluded at the end of the inquest on 20th December 2022. The conclusion of the inquest was Accident 1a Severe Head Injury 1b 1c
Circumstances of the Death
Nicholas Dumphreys was 47 years old. He was a serving police officer with Cumbria Police. On 26th January 2020 he was on duty. He elected to respond to an 4 emergency call. He drove a police issue BMW, at speed, down the M6. After PC Dumphreys passed junction 44, the engine of the vehicle failed catastrophically. This failure was very similar to other engine failures that have occurred in UK police vehicles with the same engine. As a result of the engine failure, the car veered across 8 the carriageway, overturned, and crashed onto the verge. In the crash PC Dumphreys sustained fatal head injuries. His death was confirmed by the roadside at 14:24.
Copies Sent To
Police Federation of England and Wales
Chief Constable of Cumbria Police
BMW UK Ltd, and
Driver and Vehicle Standards Agency
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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.