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What is a PFD Report?
Under Paragraph 7(1) of Schedule 5 of the Coroners and Justice Act 2009, a coroner has a duty to make a report if they believe action should be taken to prevent future deaths. Under Regulation 28 of the Coroners (Investigations) Regulations 2013 (“the Regulations”), the report must be sent to the Chief Coroner, and in most cases, it will be published on Judiciary UK. These reports are often known as Regulation 28 Reports.
To prepare this report, the coroner will consider all documents, evidence, and information which are relevant to the investigation.
Why Are They Important?
The purpose of these reports is to prevent future deaths by identifying risks that have been discovered during an inquest. They can uncover systemic problems in public bodies, such as healthcare and education authorities. They require recipients—whether an individual or an organisation—to respond, ensuring that the report is properly considered and not ignored.
These are public documents, meaning that others can review the contents and amend their practices accordingly. Importantly, these reports keep organisations accountable.
Responding to a PFD
Regulation 29 of the Regulations places an obligation on the recipient of a PFD Report to reply within a specified time. The statutory time limit to respond is 56 days from the date the report is sent. The coroner has the discretion to grant an extension if requested.
The response must set out:
- Details of any action which has been taken or is proposed to be taken by the person or organisation giving the response, or
- An explanation as to why no action is proposed
The response must show that the death has been reflected on, a lesson has been learnt, and action has been taken to prevent a further incident from occurring.
Although the coroner has no power to take any action if a response is not received, failure to respond to a PFD Report will be recorded on Judiciary UK. This creates reputational risk to organisations and allows the public to see any issues which have arisen in relation to an organisation’s practices.
To find out more about our legal services or to speak to one of our specialist criminal defence solicitors in Hampshire, please get in touch today on 01329 822 333