Dean Hutchinson
PFD Report
All Responded
Ref: 2014-0556
All 1 response received
· Deadline: 29 Jul 2014
Coroner's Concerns (AI summary)
The wording in the modification to the Fire Diary gives equal weighting to options when the evidence supports a preference for reviews to be undertaken before a change of use or structural alteration takes place; this wording should be reviewed.
View full coroner's concerns
The final day of evidence looked closely at the various processes undertaken by the Ministry of Defence to learn from the tragic deaths of both Rob and Dean, on the 14 February 2011 and I am aware that a significant number of changes have already been introduced. Concerns numbered 1 and 3 focus in the main on the Fire Risk Assessment document and the Fire Diary. Item 4 is a general concern and is self evident.
(1) In evidence from from the Defence Fire Risk Management Organisation, I looked at the modification to the Fire Diary on the subject of fire risk assessments. I have attached a copy of the relevant extract marked "B" and the relevant section is already highlighted. It talks of a review of the fire risk assessment where there has been or there is planned to be a change in use or structure alteration. In evidence a number of witnesses, in particular, who carries out fire risk assessments, agreed that advice should be sought ideally before any change of use or structural alteration. I appreciate that there will be incidences whereby a change of use can take place extremely quickly however I considered that this section did not weight a preference in favour of a review prior to a change of use or any structural alteration taking place. It is my view that the current version gives equal weighting to the 2 options available when the evidence I heard was in favour of advice being sought before a change of use was carried out or any structural alteration taking place. In this particular case the alterations were phased alterations over a period of time and whilst I formed the view that it was speculative on the facts of this particular case that such a review before the change would have made a difference that cannot be said for future incidences. As the evidence I heard supports a preference for such reviews to be undertaken before a change of use or structural alteration takes place I would ask that this be reviewed insofar as the wording is concerned.
(2) Instruction and training is now given specifically to Junior Fire NCOs as regards recognising the possibility of overloading in relation to electrical appliances. In my decision I found that the absence of such training was a systemic failure contributing to the deaths of both Rob and Dean. In evidence from Captain Hamilton from the Royal Engineers he explained insofar as the chiller cabinet that was used inside the Transport Troop tent was concerned that whilst that may have a specific amperage in relation to the draw of current, he commented that at the start of a cycle when the compressor becomes activated that figure can be multiplied by a factor of between 6 to 10. For example a 2 amp appliance suddenly draws a current of between 12 and 20 amps. He commented that in order to recognise such an issue that this required quite specific training and knowledge attributable to the qualifications of an electrician. As the Fire Diary is the guide to any Junior Fire NCO I would be grateful if you could please confirm that this document includes guidance to relevant Fire NCO's as regards who to contact if they have a concern as regard overloading in order to seek expert advice on the matter.
What became very clear during the course of the Inquest is that such matters sometimes have to be explained in very clear terms and levelled so as to be understood at the lowest level of service men/women.
(3) A copy of the fire risk assessment is, of course, given to the relevant Fire NCO and, of course, the sleeping issue is very much highlighted to all fire risk assessment assessors. In the actual fire risk assessment of the General Support Squadron area that was undertaken on the 3 December 2010 it was not picked up by the relevant fire NCO who, of course, subsequently received a copy of the document stating that sleeping was not taking place. I would be grateful if you could please review the matter in relation to the risk assessment document with a view to considering whether it would be sensible to put a note possibly in bold and/or even capitals on the subject of the declaration in relation to sleeping in office accommodation to act as a reminder to the Fire NCO to check the point. Whilst referred to the guidance, referring to the use of cots/beds, soldiers of course are resourceful and will sleep at a desk or even on the floor.
(4) It may seem a matter of common sense but in relation to the issue of random checks ("silent hours checks"), what was happening insofar as the Transport Troop tent was concerned in relation to satisfying the obligation to carry out checks between the hours of 2300 hours to 0500 hours the following day was that those responsible if they happened to worked late beyond 2300 hours say until 0000 would regard that as sufficient. More senior officers who gave evidence recognised that such checks to be effective needed to be random. I found this to be failure at individual levels and I would be grateful if the matter could be considered to be used as a training example to reinforce the point to Junior Officers and NCOs on the subject of random checks. I found that had random checks been undertaken that it more likely than not would have acted as a deterrent and stopped the practice of all sleeping on duty at night.
(1) In evidence from from the Defence Fire Risk Management Organisation, I looked at the modification to the Fire Diary on the subject of fire risk assessments. I have attached a copy of the relevant extract marked "B" and the relevant section is already highlighted. It talks of a review of the fire risk assessment where there has been or there is planned to be a change in use or structure alteration. In evidence a number of witnesses, in particular, who carries out fire risk assessments, agreed that advice should be sought ideally before any change of use or structural alteration. I appreciate that there will be incidences whereby a change of use can take place extremely quickly however I considered that this section did not weight a preference in favour of a review prior to a change of use or any structural alteration taking place. It is my view that the current version gives equal weighting to the 2 options available when the evidence I heard was in favour of advice being sought before a change of use was carried out or any structural alteration taking place. In this particular case the alterations were phased alterations over a period of time and whilst I formed the view that it was speculative on the facts of this particular case that such a review before the change would have made a difference that cannot be said for future incidences. As the evidence I heard supports a preference for such reviews to be undertaken before a change of use or structural alteration takes place I would ask that this be reviewed insofar as the wording is concerned.
(2) Instruction and training is now given specifically to Junior Fire NCOs as regards recognising the possibility of overloading in relation to electrical appliances. In my decision I found that the absence of such training was a systemic failure contributing to the deaths of both Rob and Dean. In evidence from Captain Hamilton from the Royal Engineers he explained insofar as the chiller cabinet that was used inside the Transport Troop tent was concerned that whilst that may have a specific amperage in relation to the draw of current, he commented that at the start of a cycle when the compressor becomes activated that figure can be multiplied by a factor of between 6 to 10. For example a 2 amp appliance suddenly draws a current of between 12 and 20 amps. He commented that in order to recognise such an issue that this required quite specific training and knowledge attributable to the qualifications of an electrician. As the Fire Diary is the guide to any Junior Fire NCO I would be grateful if you could please confirm that this document includes guidance to relevant Fire NCO's as regards who to contact if they have a concern as regard overloading in order to seek expert advice on the matter.
What became very clear during the course of the Inquest is that such matters sometimes have to be explained in very clear terms and levelled so as to be understood at the lowest level of service men/women.
(3) A copy of the fire risk assessment is, of course, given to the relevant Fire NCO and, of course, the sleeping issue is very much highlighted to all fire risk assessment assessors. In the actual fire risk assessment of the General Support Squadron area that was undertaken on the 3 December 2010 it was not picked up by the relevant fire NCO who, of course, subsequently received a copy of the document stating that sleeping was not taking place. I would be grateful if you could please review the matter in relation to the risk assessment document with a view to considering whether it would be sensible to put a note possibly in bold and/or even capitals on the subject of the declaration in relation to sleeping in office accommodation to act as a reminder to the Fire NCO to check the point. Whilst referred to the guidance, referring to the use of cots/beds, soldiers of course are resourceful and will sleep at a desk or even on the floor.
(4) It may seem a matter of common sense but in relation to the issue of random checks ("silent hours checks"), what was happening insofar as the Transport Troop tent was concerned in relation to satisfying the obligation to carry out checks between the hours of 2300 hours to 0500 hours the following day was that those responsible if they happened to worked late beyond 2300 hours say until 0000 would regard that as sufficient. More senior officers who gave evidence recognised that such checks to be effective needed to be random. I found this to be failure at individual levels and I would be grateful if the matter could be considered to be used as a training example to reinforce the point to Junior Officers and NCOs on the subject of random checks. I found that had random checks been undertaken that it more likely than not would have acted as a deterrent and stopped the practice of all sleeping on duty at night.
Responses
Action Taken
The Ministry of Defence has amended the Defence Fire Risk Management Organisation (DFRMO) Fire Diary, updated the Fire NCO course, and is reviewing the DFRMO Fire Risk Assessment template to emphasize recording sleeping arrangements. A Defence Instruction or Notice (DIN) has also been published covering these issues. (AI summary)
The Ministry of Defence has amended the Defence Fire Risk Management Organisation (DFRMO) Fire Diary, updated the Fire NCO course, and is reviewing the DFRMO Fire Risk Assessment template to emphasize recording sleeping arrangements. A Defence Instruction or Notice (DIN) has also been published covering these issues. (AI summary)
View full response
MINISTRY OF DEFENCE FLOOR 5 ZONE B MAIN BUILDING WHITEHALL LONDON SWIA 2HB Ministry Telephone: 020 7218 9000 (Switchboard) of Defence THE RT HON MARK FRANCOIS MP MINISTER OF STATE FOR THE ARMED FORCES MSU/4/4/3/1/is 27 July 2014 Ow M Thank you for your Regulation 28 report of 2 June 2014 following the inquest into the tragic deaths of Private Dean Hutchinson and Private Robert Wood: The Ministry of Defence takes its relationship with HM Coroners extremely seriously and we fully recognise how important it is that we learn all possible lessons to ensure that deaths in similar circumstances in the future are prevented_ In response to your first two concerns; the Defence Fire Risk Management Organisation (DFRMO) Fire Diary has been amended to make it clear that the advice of a competent fire risk assessor must be sought before any changes take place within a premise or if there is suspicion that the fire risk assessment is no longer valid; and to provide additional guidance and advice on the risks of electrical overloading including the need to contact a competent electrician if there are concerns: The revised Fire Diary is enclosed for your information: The Fire Non-Commissioned Officer (NCO) course content has also been amended and now allocates more time and emphasis on the fire risks associated with electrical overloading: A copy of the PowerPoint presentation delivered on this course is also enclosed for your information_ Your third concern has been addressed as part of the ongoing review of the DFRMO Fire Risk Assessment template. The template has been updated to further emphasise the need to record if any sleeping is place on the premises regardless of its primary purpose The review is not yet complete but have attached the latest draft with the changes highlighted for your information. The revised version is planned to be implemented by the end of October 2014. In response to your forth concern, the plans to use this incident as an example of what happens when 'duties' are not conducted in the correct way: This will include, as part of the biannual command, leadership and management (CLM) training update, an amendment to the training documentation related to the duties of a sub-unit duty NCO to incorporate this incident as an example. The revised documentation will be used by training deliverers from 30 September 2014 onwards. Mr D Ridley HM Senior Coroner for Wiltshire and Swindon 26 Endless Street Salisbury Wiltshire SPI DP Qealey , taking Army
You should note that while the above action in relation to the fire risk assessment template is applicable across Defence, the matters relating to the Fire Diary only apply to the Army: The other Services do not use the DFRMO Fire all fire safety related information is contained in Unit Stations Standing Orders, Fire Orders, Standard operating Procedures and Fire Notices: DFRMO has written to all Top Level Budget' Chief Environment and Safety Officers to inform them of actions DFRMO has taken in response to your concerns and to make them aware of the need to implement any necessary changes and update the relevant documentation: Defence Instruction or Notice? has also been published covering these issues and the action that is required to address them; to ensure that the matters receive the widest distribution and any gaps in distribution are covered: This was published earlier this month; enclose a copy for your information: hope this letter provides the assurance you were seeking and am content for you to copy it to other Interested Persons and the Chief Coroner: Yov? wer , {tyl THE RT HON MARK FRANCOIS MP The Ministry of Defence is organised into six Level Budget areas: Head Office and Corporate Services, the four commands (Navy Command, Army Command, Air Command, Joint Forces Command) and the Defence Infrastructure Organisation. A Defence Instruction or Notice (DIN) is an official document that tells people in the Services or MOD about important instructions, guidance or information that they need to know to do their job properly- DINs are distributed widely, electronically and on paper; throughout the Defence establishment including to MOD buildings, military bases and ships at sea. They also published on lhe Ministry of Defence Intranet: Diary; Top and other are
You should note that while the above action in relation to the fire risk assessment template is applicable across Defence, the matters relating to the Fire Diary only apply to the Army: The other Services do not use the DFRMO Fire all fire safety related information is contained in Unit Stations Standing Orders, Fire Orders, Standard operating Procedures and Fire Notices: DFRMO has written to all Top Level Budget' Chief Environment and Safety Officers to inform them of actions DFRMO has taken in response to your concerns and to make them aware of the need to implement any necessary changes and update the relevant documentation: Defence Instruction or Notice? has also been published covering these issues and the action that is required to address them; to ensure that the matters receive the widest distribution and any gaps in distribution are covered: This was published earlier this month; enclose a copy for your information: hope this letter provides the assurance you were seeking and am content for you to copy it to other Interested Persons and the Chief Coroner: Yov? wer , {tyl THE RT HON MARK FRANCOIS MP The Ministry of Defence is organised into six Level Budget areas: Head Office and Corporate Services, the four commands (Navy Command, Army Command, Air Command, Joint Forces Command) and the Defence Infrastructure Organisation. A Defence Instruction or Notice (DIN) is an official document that tells people in the Services or MOD about important instructions, guidance or information that they need to know to do their job properly- DINs are distributed widely, electronically and on paper; throughout the Defence establishment including to MOD buildings, military bases and ships at sea. They also published on lhe Ministry of Defence Intranet: Diary; Top and other are
Sent To
- Ministry of Defence
Response Status
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56-Day Deadline
29 Jul 2014
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Source: Courts and Tribunals Judiciary
Report Sections
Investigation and Inquest
On the 12 May 2014 I resumed the Inquest into the deaths of both Private Robert WOOD and Private Dean HUTCHINSON ("Rob & Dean") at my Court here in Salisbury, Wiltshire. The Inquest concluded on the 22 May 2014. I found that both Rob and Dean had died from:- 1a) Inhalation of products of combustion and severe burns. In relation to the conclusion I handed down a narrative conclusion, a generic version of which is attached to this report marked "A".
Circumstances of the Death
These are clearly set out in my narrative conclusion attached to this report.
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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.