Investigation and inquest
On 27 February 2024, one of my assistant coroners, Ian Potter, commenced an investigation into the death of Malika Hibu aged 5 years. The investigation concluded at the end of the inquest on 17 July 2024.
I made a narrative determination at inquest, which I attach to this report.
Circumstances of the death
Malika Hibu was a little girl with autism spectrum disorder who lived in Crest Buildings (a 2015 housing development) just beside Regent’s Canal. On 17 February 2024, she left her home without her mother’s knowledge and went to play at the canal’s edge. At 3.57pm, she fell in. Malika was discovered face down in the water 25 minutes later. Strenuous efforts were made to resuscitate her, but she was pronounced dead in hospital a short time later. She had drowned.
Coroner’s concerns
The railing next to the canal afforded no protection against the water for a small child. In fact, an adult could easily fit through it.
1. Peabody Housing Association owned the development where Malika lived. However, I heard evidence that Peabody:
- did not know where its ownership boundary finished;
- did not risk assess the barrier to the canal;
- did not act on complaints made by residents about the barrier;
- having noticed in October 2023 that the barrier was unsafe, did not attempt to make it safer and did not make any significant attempt to ask anyone else to make it safer.
2. I also heard that when the planning application for the 2015 housing development was considered in the first place, no consideration was given to the safety of the barrier as part of the development.
I have been told that the government has announced a consultation on the national planning policy framework (NPPF). I have also been given to understand that section 12 sets out policies relating to the achievement of safe, inclusive and accessible spaces. It has been put to me that paragraph 135(f) could include a requirement that when development takes place in proximity to open water, railways and other hazards, special regard should be paid to ensuring the safety of children, young people and vulnerable adults.
There will of course be many planning applications considered before any changes can be made to the NPPF.