PFD report

Timothy Patrick CLAYTON · Prevention of Future Deaths report

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Issued 11 Nov 2013•Inner North London

Report record

Published report and response evidence

This page connects the concerns raised in this report with statements found in recipients’ published responses. A link shows a clear evidence connection; it does not assign responsibility.

View original report
Concerns
3

Raised in this report

Recipients
1

Named on the report

Responses found
1

Of 1 recipient

Stated actions
6

Described in responses

Recipients and published responses

Source document

Full report text

This is the full text from the original published report.

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Concerns and recipient responses

Select any concern, action or position to view the source wording.

Report evidence summary

Concerns raised3

  1. Failure to use appropriate senior or judicial channels to challenge a coroner’s decision
  2. Failure to comply with the coroner’s judicial decision
    Part of recurring concern: Failure to ensure coronial authority governs donation decisions
  3. Failure to leave organ-donation decisions conferred on the coroner with the coroner
    Part of recurring concern: Failure to ensure coronial authority governs donation decisions
Responses linked to these concerns

Each statement is shown once, even when linked to more than one concern.

Actions described in response An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.4

  1. Action

    Remind Kent and Essex Police senior investigating officers of relevant homicide investigation guidance.

    Stated by Ian Learmonth QPMStated completedThe respondent said that this action was complete when they made their response on 11 November 2013.
  2. Action

    Complete a formal review of the circumstances underlying the Prevention of Future Deaths report and the coroner’s concerns.

    Stated by Ian Learmonth QPMStated completedThe respondent said that this action was complete when they made their response on 11 November 2013.
  3. Action

    Advise senior investigating officers that challenges to coroner decisions must proceed through the courts.

    Stated by Ian Learmonth QPMStated plannedThe respondent said that this action was planned when they made their response on 11 November 2013.

Respondent positions A position is what a recipient says about a concern when it does not describe a specific action.1

  1. Position

    Any challenge to a Coroner's decision should be pursued through court processes rather than through Senior Investigating Officers.

    Stated by Ian Learmonth QPMRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Failure to use appropriate senior or judicial channels to challenge a coroner’s decision

Wider context from the report

“1. Kent Police approached Mr Clayton’s family to consider a decision that is, by law, conferred upon HM Coroner. This action placed Mr Clayton’s family in desperately difficult and desperately painful position. Having already given their consent to donation, they were asked to go back on this and to make a further decision based upon the likely success of prosecution of Mr Clayton’s killer, rather than this separate decision resting with a trained, experienced, dispassionate judge – the coroner. This must have added horribly to their distress, and it was a wholly improper burden to place upon them. 2. As the coroner with responsibility for this matter, I did not make the decision not to object to organ donation on a whim. I did so after a great deal of discussion and thought. Though I am a senior coroner with particular experience of organ donation, a subject on which I have lectured to doctors, nurses and police officers on several occasions, I nevertheless sought out a senior coroner colleague on a Sunday afternoon, to try to ensure that I had not missed anything. I was transparent in my thinking, I listened carefully to all advice, including that of the senior investigating officer, and I gave detailed reasons for my decision. Nevertheless, that police officer sought to subvert my judicial decision. He did not ask a more senior police officer to contact me to discuss the matter further. He did not seek to challenge in a higher court. Instead, he effectively reversed the decision made by a judge because he preferred his own view of the matter, and he did this by bringing pressure to bear on a grieving family. In short, a police officer has subverted the rule of law. You may be surprised that I write to you about this matter by way of a prevention of future death (PFD) report. I do so because in this instance, six organs were lost to their potential recipients - two lungs, two kidneys, a small bowel and a pancreas. Six organs represents six lives. ”

Is this part of a recurring concern?

No recurring-concern membership is currently published.

Open source report

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Failure to comply with the coroner’s judicial decision

Wider context from the report

“1. Kent Police approached Mr Clayton’s family to consider a decision that is, by law, conferred upon HM Coroner. This action placed Mr Clayton’s family in desperately difficult and desperately painful position. Having already given their consent to donation, they were asked to go back on this and to make a further decision based upon the likely success of prosecution of Mr Clayton’s killer, rather than this separate decision resting with a trained, experienced, dispassionate judge – the coroner. This must have added horribly to their distress, and it was a wholly improper burden to place upon them. 2. As the coroner with responsibility for this matter, I did not make the decision not to object to organ donation on a whim. I did so after a great deal of discussion and thought. Though I am a senior coroner with particular experience of organ donation, a subject on which I have lectured to doctors, nurses and police officers on several occasions, I nevertheless sought out a senior coroner colleague on a Sunday afternoon, to try to ensure that I had not missed anything. I was transparent in my thinking, I listened carefully to all advice, including that of the senior investigating officer, and I gave detailed reasons for my decision. Nevertheless, that police officer sought to subvert my judicial decision. He did not ask a more senior police officer to contact me to discuss the matter further. He did not seek to challenge in a higher court. Instead, he effectively reversed the decision made by a judge because he preferred his own view of the matter, and he did this by bringing pressure to bear on a grieving family. In short, a police officer has subverted the rule of law. You may be surprised that I write to you about this matter by way of a prevention of future death (PFD) report. I do so because in this instance, six organs were lost to their potential recipients - two lungs, two kidneys, a small bowel and a pancreas. Six organs represents six lives. ”

Is this part of a recurring concern?

Yes — Failure to ensure coronial authority governs donation decisions.

Open source report

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Failure to leave organ-donation decisions conferred on the coroner with the coroner

Wider context from the report

“1. Kent Police approached Mr Clayton’s family to consider a decision that is, by law, conferred upon HM Coroner. This action placed Mr Clayton’s family in desperately difficult and desperately painful position. Having already given their consent to donation, they were asked to go back on this and to make a further decision based upon the likely success of prosecution of Mr Clayton’s killer, rather than this separate decision resting with a trained, experienced, dispassionate judge – the coroner. This must have added horribly to their distress, and it was a wholly improper burden to place upon them. 2. As the coroner with responsibility for this matter, I did not make the decision not to object to organ donation on a whim. I did so after a great deal of discussion and thought. Though I am a senior coroner with particular experience of organ donation, a subject on which I have lectured to doctors, nurses and police officers on several occasions, I nevertheless sought out a senior coroner colleague on a Sunday afternoon, to try to ensure that I had not missed anything. I was transparent in my thinking, I listened carefully to all advice, including that of the senior investigating officer, and I gave detailed reasons for my decision. Nevertheless, that police officer sought to subvert my judicial decision. He did not ask a more senior police officer to contact me to discuss the matter further. He did not seek to challenge in a higher court. Instead, he effectively reversed the decision made by a judge because he preferred his own view of the matter, and he did this by bringing pressure to bear on a grieving family. In short, a police officer has subverted the rule of law. You may be surprised that I write to you about this matter by way of a prevention of future death (PFD) report. I do so because in this instance, six organs were lost to their potential recipients - two lungs, two kidneys, a small bowel and a pancreas. Six organs represents six lives. ”

Is this part of a recurring concern?

Yes — Failure to ensure coronial authority governs donation decisions.

Open source report

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Remind Kent and Essex Police senior investigating officers of relevant homicide investigation guidance.

Verbatim wording from the response

“In accordance with the requirements of Regulation 29, I now write to confirm that all Senior Investigating Officers in Kent Police and Essex Police have been reminded of the guidance contained within the Journal of Homicide and Major Incident Investigation published by the National Policing Improvement Agency. All Senior Investigating Officers are to be advised that any challenge to a decision by HM Coroner is through the Courts processes.”

Source location

2013-0558-Response
Page 2 · response
Published 11 November 2013

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Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Complete a formal review of the circumstances underlying the Prevention of Future Deaths report and the coroner’s concerns.

Verbatim wording from the response

“The report from the Coroner states the concerns that there is a risk that future deaths will occur unless action is taken by Kent Police and that it is the Coroner's statutory duty to report to me. The reference to the use of a PFD report is due to the perceived belief that 6 transplant organs were lost to potential recipients and that 6 organs represents 6 lives. This PFD report concerns the issue therefore of organ donation from Timothy Clayton, a 45 year old homeless male who was a homicide victim. The circumstances concerning his death thereby being a live criminal investigation. Following receipt of the PFD report, however, a formal review has been commissioned and completed into the circumstances that led to the report being issued. The review has thoroughly considered the circumstances and the Coroner's concerns and is therefore appended hereto.”

Source location

2013-0558-Response
Page 1 · response
Published 11 November 2013

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Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Advise senior investigating officers that challenges to coroner decisions must proceed through the courts.

Verbatim wording from the response

“In accordance with the requirements of Regulation 29, I now write to confirm that all Senior Investigating Officers in Kent Police and Essex Police have been reminded of the guidance contained within the Journal of Homicide and Major Incident Investigation published by the National Policing Improvement Agency. All Senior Investigating Officers are to be advised that any challenge to a decision by HM Coroner is through the Courts processes.”

Source location

2013-0558-Response
Page 2 · response
Published 11 November 2013

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Include the case circumstances in future senior detective training.

Verbatim wording from the response

“The circumstances that arose in this particular case will also be included into future Senior Detective training and has been drawn to the attention of senior personnel in the Association of Chief Police Officers Homicide Working Group for national consideration. What is also of note, however, is that no one has been provided with either the original or a copy of Mr Clayton's organ donation card, despite this appearing to have been the catalyst for the consent being sought from the family. The family had not requested the consideration of organ donation.”

Source location

2013-0558-Response
Page 2 · response
Published 11 November 2013

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Any challenge to a Coroner's decision should be pursued through court processes rather than through Senior Investigating Officers.

Verbatim wording from the response

“In accordance with the requirements of Regulation 29, I now write to confirm that all Senior Investigating Officers in Kent Police and Essex Police have been reminded of the guidance contained within the Journal of Homicide and Major Incident Investigation published by the National Policing Improvement Agency. All Senior Investigating Officers are to be advised that any challenge to a decision by HM Coroner is through the Courts processes.”

Source location

2013-0558-Response
Page 2 · response
Published 11 November 2013

Open published response

Other statements in published responses

These actions and other statements could not be clearly connected to one concern in this report.

Recipient-stated actions An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.2

  1. 1

    Conduct an urgent review of family liaison officer numbers and availability to ensure suitably trained staff can deploy during homicide investigations.

    Stated by Ian Learmonth QPMStated plannedThe respondent said that this action was planned when they made their response on 11 November 2013.
  2. 2

    Draw the case circumstances to the attention of the Association of Chief Police Officers Homicide Working Group.

    Stated by Ian Learmonth QPMStated completedThe respondent said that this action was complete when they made their response on 11 November 2013.

Recipient positions A position is what a recipient says about a concern when they do not describe a specific action.2

  1. 1

    The referral may not satisfy the statutory criteria because the Coroner had not considered all relevant documents, evidence and information.

    Stated by Ian Learmonth QPMDisputes the concernThe respondent disagreed with part of the concern or the basis for it.
  2. 2

    The assertion that six deaths were preventable is disputed because only the kidneys were potentially viable and their transplantation suitability was unknown.

    Stated by Ian Learmonth QPMDisputes the concernThe respondent disagreed with part of the concern or the basis for it.

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Conduct an urgent review of family liaison officer numbers and availability to ensure suitably trained staff can deploy during homicide investigations.

Verbatim wording from the response

“An urgent review is to be conducted to consider the number and availability of family liaison officers to ensure suitably trained staff are available for deployment when required in homicide investigations. This will ensure that families are in possession of full and appropriate information at all times.”

Source location

2013-0558-Response
Page 2 · response
Published 11 November 2013

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Draw the case circumstances to the attention of the Association of Chief Police Officers Homicide Working Group.

Verbatim wording from the response

“The circumstances that arose in this particular case will also be included into future Senior Detective training and has been drawn to the attention of senior personnel in the Association of Chief Police Officers Homicide Working Group for national consideration. What is also of note, however, is that no one has been provided with either the original or a copy of Mr Clayton's organ donation card, despite this appearing to have been the catalyst for the consent being sought from the family. The family had not requested the consideration of organ donation.”

Source location

2013-0558-Response
Page 2 · response
Published 11 November 2013

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

The referral may not satisfy the statutory criteria because the Coroner had not considered all relevant documents, evidence and information.

Verbatim wording from the response

“I am aware that normally a PFD report will be made after the conclusion of an Inquest. However, a report can be made before an Inquest is heard so long as there has been compliance with Regulation 28(3) and that will only be when the Coroner has considered all of the documents, evidence and information that in the opinion of the Coroner is relevant to the investigation. It is with this condition in mind that I suggest that criteria perhaps has not been met in this particular referral.”

Source location

2013-0558-Response
Page 1 · response
Published 11 November 2013

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

The assertion that six deaths were preventable is disputed because only the kidneys were potentially viable and their transplantation suitability was unknown.

Verbatim wording from the response

“Despite the Coroner's assertion that 6 deaths were preventable if the organ donation had been completed, in fact only the kidneys were potentially viable but as Mr Clayton was a known homeless alcoholic, the viability of these organs for successful transplantation is therefore unknown. The use of a report in accordance with Regulation 28 by the Coroner is therefore questionable.”

Source location

2013-0558-Response
Page 2 · response
Published 11 November 2013

Open published response
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Information checked against the published report and official responses · Data reviewed 7 Sep 2026 · About data quality and limitations

Official responses located
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Data last updated 7 September 2026