A Prevention of Future Deaths report was issued to multiple authorities following the Westminster terror attack to address systemic issues related to such events.
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I am not persuaded that this should be treated as a matter of concern. As the Service has explained in its written submissions, the policy is a prudent one which has important advantages. In particular, the first person on scene will often be an ordinary ambulance officer or paramedic and it may take some time for more senior officers to arrive. There is a clear benefit in having a policy which enables Major Incident procedures to be triggered quickly and without waiting for ranking officers to be on scene. I am aware that this is a matter considered in detail at the recent Hillsborough Disaster Inquests.
38. The same representatives of some families have raised a concern about practices of covering bodies of those who have died in a public place. However, I am satisfied from the submissions of the Service that they are conscious of the proper considerations of dignity, preservation of the scene and prioritisation of paramedic attention. I do not see any need to identify any concern in this respect. However, I should stress that I well understand the distress which families suffer when photographs of their injured or deceased loved ones are taken and later posted on the internet. I deplore this practice in the strongest terms. Transport for London (“TfL”) and the Secretary of State for the Home Department
39. The Inquests heard substantial evidence about the procedures by which protective security in public places is reviewed, advice is given and improvements are made. Protective security measures for buildings are generally the responsibility of the owners. As regards highways, security measures are generally the responsibility of the relevant highway authority. TfL is responsible for many major roads and bridges in Central London. There is a national network of police advisers who identify threats and provide advice to local authorities. Specific security measures apply to areas designated as crowded places and crowded spaces under criteria which are themselves sensitive.
40. There was evidence at the Inquests of a number of pieces of advice given by the police nationally following terrorist atrocities in the years before the attack. However, this advice was largely reactive to the specifics of the attacks elsewhere (e.g. dangers posed to festive markets). It was not clear from the evidence what work is being done at the national level to deliver wide-ranging advice on protective security measures, especially for roadways and public areas in urban areas which may be particularly at risk of terrorist attack. It would obviously be unsatisfactory if such work is limited to a limited group of areas designated as crowded places and crowded spaces.
41. MC14: I suggest that the Secretary of State for the Home Department asks the authorities responsible for preparing and delivering advice on protective security to consider whether any further work can usefully be done on this subject, particularly in preparing and delivering consistent and up-to-date national advice. I also suggest that TfL considers whether there is any further work it can do to improve protective security on major roadways and bridges in the capital, in response to national advice and known threats.
42. The evidence at the Inquests also revealed that there are substantial differences in the heights of parapets on major bridges in central London. Quite apart from the fact that Kurt Cochran may have been saved by a materially higher wall or railing at the side of Westminster Bridge, it is important from a general viewpoint of safety that bridge parapets or railings be of sufficient height.
43. MC15: I suggest that TfL gives consideration to reviewing the height of parapets and railings of bridges for which it is responsible. As part of such review, thought might be given to the question of whether a higher barrier would improve safety materially and whether it would be practicable to create one (e.g. by raising a parapet or adding a railing on top). The Security Service (Secretary of State for the Home Department)
44. The bereaved families represented by Hogan Lovells have submitted that I should make a number of recommendations in respect of operational practices of the Security Service. These include points in respect of record keeping; procedures for reviewing the management of closed subjects of interest (“SOIs”); and processes for obtaining of evidence from the police and other agencies.
45. The Security Service has provided a very significant volume of material to the Inquests Team. It gave access to many highly sensitive documents, including those which underlie the open report written by David (now Lord) Anderson QC. The review carried out by counsel and solicitors to the Inquests for the purposes of disclosure was comprehensive. The Security Service also fielded a senior officer (Witness L) who made a statement and gave evidence for a full day during the Inquests.
46. As part of their work, the Inquests Team considered the Security Service’s Operational Improvement Review which was conducted in the wake of the 2017 attacks across the country. Witness L gave evidence about that review. A particular focus of the Operational Improvement Review was the assessment of SOIs. Based on public information, MI5 had around 3,000 SOIs in March 2017, with around 500 investigations being pursued into individuals and groups linked to Islamist terrorism. There were approximately 20,000 closed SOIs. The scale of work was unprecedented. The Anderson report endorsed as appropriate the processes followed by the review teams. He praised MI5 staff as frank and open to criticism in meetings.
47. The Inquests Team, like David Anderson QC, adopted a rigorous and challenging approach to the Security Service and its evidence. As counsel to the Inquests submitted at the end of the hearing, the procedures developed by the Security Service for review and investigation of SOIs were explained with clarity by Witness L. He explained cogently the key decisions made in respect of Masood and why no realistic action by the Service could have prevented this attack in the circumstances.
48. I do not consider that it would be appropriate or helpful for me to make vague suggestions that the Security Service makes every effort to ensure that its procedures for managing investigations and SOIs are as good as they can be. It is evident that such efforts are being made and that a huge amount of detailed work has been done to extract learning from the attacks of 2017. Neither am I prepared to prescribe particular practices which would micro-manage the work of the experts and would risk wasting their precious resources. In the circumstances of this case, I consider that there is just one limited matter to raise with the Security Service.
49. MC16: I suggest that the Security Service considers whether it would be practicable and beneficial to introduce a procedure whereby any decision to close a person as a Subject of Interest is recorded with brief reasons. In response to this point being raised by the families, the Security Service pointed out that it is not practicable to record reasons for every decision by its officers not to do something. It was suggested that this would not be a good use of finite resources. While I agree that officers need not record reasons for every decision, it strikes me that closing a person as an SOI is a positive decision that further investigation is not justified or necessary. It is not obvious to me that such decisions are so numerous that recording each one with a short rationale would be impracticable. Furthermore, I can see clear operational benefits to corporate memory in having such reasoning recorded which could assist in the fight against terrorist activity. If consideration is given to re-opening a person as an SOI, it would surely be helpful to see easily why the person was closed previously. In this case, when explaining the reason for Masood being closed, the Service had to reconstruct the rationale since it was not documented.
50. It should be stressed that the Security Service are the experts in their craft, and that their work now involves very complex and sophisticated procedures. They have to marshal their scarce resources and I have no wish to drive them to take decisions which would divert resources from their best use. I am simply inviting the Security Service to explore their options.
51. The families represented by Hogan Lovells have asked me to go further and to recommend the form which records should take. I am not prepared to do that, because means of recording investigations and decisions must be left to officers with experience in the field. Knowing the thoroughness with which the Operational Improvement Review was conducted, I am confident that this Report will be treated with appropriate concern and diligence. The Maritime and Coastguard Agency
52. Andreea Cristea was struck by Masood’s vehicle and thrown into the River Thames. As she was unconscious and being carried by the current, she was seen by the crew of a large leisure vessel. One boatman promptly used a boathook to keep hold of her body, whilst he stood on the deck of the vessel some feet above the water level. He did not attempt to lift her, because he did not consider that he could safely and appropriately recover a body or an unconscious casualty with the equipment he had. Andreea was lifted from the water by a Fire Service vessel minutes later, using specialist equipment.
53. MC17: I suggest that the Maritime and Coastguard Agency considers whether it or some other body could provide guidance on the removal of unconscious persons or bodies from the water to those operating on navigable rivers and canals. From the evidence in the Inquests, it was not apparent that there was any available guidance on this subject. Even though Andreea was quite quickly recovered from the water, it is easy to envisage a situation where a Fire Service vessel with special equipment is not fortuitously nearby and only the crew of a leisure vessel are at hand to recover an unconscious person. It would be beneficial for such individuals to have guidance on how to deal with the situation. I should stress that, in making this point, I am not criticising the response of the staff of the leisure vessel in this case. The Department for Transport and the British Vehicle Rental & Leasing Association
54. The evidence showed that Khalid Masood had intentionally hired a powerful vehicle which would serve as a lethal weapon in his attack. Other recent attacks, both in London and across Europe, have shown that like-minded terrorists look to hire large vehicles to cause maximum damage. I am not aware of any vehicle hire companies conducting any form of checks with any policing or security agencies before agreeing to the hire of a vehicle.
55. MC18: I recommend that the Department for Transport and the British Vehicle Rental & Leasing Association consider introducing a Code of Practice (or at least guidance) on checks to be carried out and/or enquiries made before vehicles are rented. This is a matter of particular concern as regards the hire of large vehicles, including heavy and light goods vehicles. However, the Westminster attack makes clear that other vehicles such as large 4x4 vehicles can also cause many fatalities and serious injuries in a short space of time. Miscellaneous Points
56. Some further points have been made in submissions by Interested Persons which I do not consider should be addressed in this Report.
57. First, I have been asked to consider suggesting measures which might be taken to reduce radicalisation by removing extremist material from the internet. While such material is a proper subject for public concern, I do not consider that I can usefully make a meaningful and practical suggestion for particular action to be taken or considered.
58. Secondly, the problem of radicalisation in prison is brought to my attention. I have been asked to consider measures which might be taken to prevent prisoners being radicalised. I do not consider that the evidence in the Inquests allowed me to explore this subject in such a way as to make properly informed observations. I take the same view in respect of a submission about measures to prevent extremists being involved in the teaching profession. Action Should be Taken
59. In my opinion, action should be taken to prevent future deaths. I believe that the various addressees of this Report have the power to take the action relevant to them (as set out above). Your Response
60. Each addressee is under a duty to respond to this report within 56 days of the date of this report, namely by 12th February 2019. Allowing for the Christmas and New Year break, this date will be extended to 26th February 2019. I, as the coroner responsible for the Inquests, may extend the period upon application.
61. Each response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise, it must explain why no action is proposed. Copies and Publication
62. I have sent copies of my report to the following: (a) all Interested Persons in the Inquests (identified in the attached list); (b) the office of the Chief Coroner of England and Wales.
63. This report will also be posted on the Inquests website.
64. I am also under a duty to send a copy of any responses to the office of the Chief Coroner.
65. In my capacity as the Chief Coroner of England and Wales, I may in due course publish this Report and/or any responses in complete or redacted or summary forms. I may send a copy of this Report to any further person who I believe may find it useful or of interest. Addressees and others may make representations to me, in my capacity as the nominated Judge responsible for the Inquests, about the wider release or publication of any responses. HH Judge Mark Lucraft QC Chief Coroner of England and Wales (Sitting as a Nominated Judge) 19th December 2018
Determinations – Kurt William Cochran Kurt Cochran was unlawfully killed. On 22 March 2017 Kurt Cochran was on a visit to London. He had been walking with his wife, Melissa, across Westminster Bridge. They had reached a point near the South Bank side when a Hyundai vehicle was driven deliberately onto the pavement where they stood. This was part of a terrorist attack. Showing no concern for himself, Kurt instinctively and courageously pushed Melissa away from the path of the vehicle and as a result was struck with full force by the vehicle. He was thrown over the parapet of the Bridge to the embankment below, falling from a height of 5.12 metres. In the fall, he suffered a serious head injury which was not survivable. Despite early medical attention from a nurse, an ambulance crew and a hospital doctor, he died at the scene.
Determinations – Leslie Arthur Rhodes Leslie Rhodes was unlawfully killed. On 22 March 2017 Leslie Rhodes was walking from the South Bank side of Westminster Bridge towards the North Bank side. He was struck from behind by a Hyundai vehicle which had been deliberately driven onto the pavement where he was walking. This was part of a terrorist attack. Leslie was carried along into the carriageway a distance of 33 metres. As a result of the impact, he suffered a devastating brain injury, which was not survivable. He was unconscious from the time of the impact until his death. Despite early medical attention from a hospital doctor and paramedics at the scene, and despite proper treatment at King’s College Hospital, Leslie died on 23 March 2017 in hospital.
Determinations – Aysha Frade Aysha Frade was unlawfully killed. On 22 March 2017 Aysha Frade was walking across Westminster Bridge towards Parliament Square on her way home from work. While walking on the pavement, she was struck from behind by a Hyundai vehicle which had been deliberately driven towards her. This was part of a terrorist attack. Aysha was thrown into the air and into the path of the nearside rear wheels of a bus. Those wheels passed over her, inflicting injuries which were immediately fatal. Aysha would not have suffered. She was assessed as dead at the scene by a paramedic and by a doctor.
Determinations – Andreea Cristea Andreea Cristea was unlawfully killed. On 22 March 2017 Andreea Cristea was walking across Westminster Bridge with her boyfriend, Andrei Burnaz, from the Parliament Square side. She was stopping at times to take photographs with her mobile phone. While on the pavement, she was struck by a Hyundai vehicle which was being deliberately driven towards pedestrians on the pavement. This was part of a terrorist attack. Andreea was thrown into the air and over the parapet of Westminster Bridge, landing in the river Thames below. She was carried by the current a distance of 100 metres and was in the water for around five minutes before she was recovered by a London Fire Brigade boat. She was treated by fire officers and then by an ambulance crew and paramedics, before being taken by ambulance to hospital. While in hospital, she received extensive and complex medical care over the following days. Despite the best efforts of clinicians, she died on 6 April 2017.
Determinations – Keith David Palmer PC Keith Palmer was unlawfully killed. On 22 March 2017 PC Keith Palmer was on duty as an unarmed police officer stationed at the Carriage Gates entrance from Parliament Square into the Palace of Westminster estate. An attacker who had driven his vehicle into multiple pedestrians on Westminster Bridge entered the Gates. PC Palmer stepped forward to challenge him. He immediately began attacking PC Palmer with knives, driving him back into the New Palace Yard area. PC Palmer stumbled against a low wall and the attacker continued his assault. In the attack, PC Palmer suffered a number of injuries, one of which was a serious stab wound to the chest. Although he was able to move away from the attacker, PC Palmer collapsed shortly afterwards. Despite prompt and capable medical attention at the scene, he suffered a cardiac arrest and could not be saved. Before the start of the attack, the armed officers stationed in New Palace Yard had not been in close proximity to the Carriage Gates entrance. They had been some distance away and out of view of the entrance because they had understood their duty to involve a roving patrol around the Yard. In fact, tactical advice and written instructions stated that armed officers should be stationed close to the Carriage Gates entrance so as to protect those in the Estate and their unarmed colleagues. Due to shortcomings in the security system at New Palace Yard, including the supervision of those engaged in such duties, the armed officers were not aware of a requirement to remain in close proximity to the Gates. Had they been stationed there, it is possible that they may have been able to prevent PC Palmer suffering fatal injuries.
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