Prevention of Future Deaths reports · 2013

Joseph Burrell

Regulation 28 report to prevent future deaths, reference 2013-0194, written 5 Aug 2013. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report5 Aug 2013
Reference2013-0194
DeceasedJoseph Burrell
CoronerJohn Taylor
Coroner areaLondon (North)
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

Her Majesty's Coroner for the

Northern District of Greater London
(Harrow, Brent, Barnet, Haringey and Enfield)
North London Coroners Court,29 Wood Street, Barnet EN5 4BE

Telephone 0208 447 7680 Fax 0208 447 7689
Traffic and Highway Network Management Department
Civic Centre
Harrow Council
POX 39

Station Road
Harrow HA1 2XA

This report is sent to you under Rule 43 of The Coroners Rules 1984 (as amended by The Coroners
(Amendment) Rules 2008).

Rule 43 findings at the inquest

At the inquest touching the death of Joseph Burrell heard before H.M. Deputy Coroner John Taylor at
North London Coroners Court sitting at 29 Wood Street, Barnet ENS 4BE on 22 July 2013, the Deputy
Coroner found that {a) the evidence at the inquest gave rise to a concern that circumstances creating a
risk of other deaths would occur, or would continue to exist, in the future, and (b) in the Deputy Coroner’s
Opinion, action should be taken to prevent the occurrence or continuation of such circumstances, or to
eliminate or reduce the risk of death created by such circumstances.

This report is sent to you as a person who the Deputy Coroner believes may have power to take such
action.

The fatal collision

At 7:15 pm on Saturday 28 July 2012, Mr. Burrell attempted (as a pedestrian) to cross the two-lane
southern carriageway of The Broadway, in Stanmore, at its junction with Church Road and Stanmore Hill.
He was seen on the central reservation, next to the traffic lights, waiting to cross to the south side. At the
moment when he began to cross, the traffic in the right-hand lane of The Broadway (from where it would
turn into Stanmore Hill) was held on a red light, and the traffic in the left-hand lane (from where it would
bear left into Church Road) was permitted to proceed through the lights, by virtue of a green filter light.
As Mr. Burrell attempted to make his way across the left-hand lane, he was struck by a car proceeding
through the green filter light. He died from the multiple injuries which he sustained in that collision.

The circumstances
The evidence before the Deputy Coroner was:
1. a pedestrian on the central reservation has no clear view of the green filter light (particularly if
there is a high-sided vehicle held stationary in the right-hand lane)
2. there is no "second set” of lights beyond the lights (as there is at many junctions) - which would
be easier for a pedestrian to see
3. there is no "red man/green man" pedestrian light, or warning sound (which would indicate when
it was safe to cross)
4. there are no control buttons for pedestrians to use (in order to bring the lights in both lanes to
red)
5. for each and all of the above reasons, and when deciding his moment to cross, a pedestrian on
the reservation cannot easily be certain whether the lights for both lanes are on red (and hence
whether it is safe to cross)

Page 1 of 2

Her Majesty's Coroner for the

Northern District of Greater London
(Harrow, Brent, Bamet, Haringey and Enfield)

North London Coroners Court,29 Wood Street, Barnet EN5 4BE
Telephone 0208 447 7680 Fax 0208 447 7689

wee Oy
SO D Oey
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6. the speed limit at the lights was (and is) 30mph

7. apedestrian waiting to cross may thus expose himself to risk of injury, or death, if he mistakenly
believes that both lights are on red, and so chooses to cross at the time when the light for the
left-hand lane is not on red, but instead on the green filter; and

8. there were references in the documentary evidence to “near misses” on earlier occasions

The Deputy Coroner accordingly invites you to consider these circumstances, and whether to take action
in relation to them.

Your response to this report

Your attention is drawn to the following provisions of Rule 43:

“434A. (1) A person to whom a coroner sends a report under rule 43(1) must give the coroner a written
response to the report containing—
(a) details of any action that has been taken or which it is proposed will be taken whether in
response to the report or otherwise; or
(b) an explanation as to why no action is proposed
within the period of 56 days beginning with the day on which the report is sent.

43B. A coroner may extend the period of 56 days mentioned in rule 43A (1) (even if an application for

extension is made after the time for compliance has expired).”

Assistant Coroner John Taylor
(formerly, H. M. Deputy Coroner)

5 August 2013

Page 2 of 2

Responses

1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Harrow Council (PDF)
Best Achieving Council

Mr John Taylor
Assistant Coroner
North London’s Coroners’ Court
29 Wood Street
Barnet
EN5 4BE

Dear Mr Taylor

Q % m 7  

x

t O U N C I L
L O N D O N   ----------------

Environment and Enterprise Directorate
Corporate Director -  Caroline Bruce

Date: 29th August 2013

Inquest touching the death of Joseph Burrell -  Rule 43 Report

I refer to your letter of 5th August 2013 regarding the above and note the contents therein.

In response to the points raised under rule 43  may  I take  this  opportunity to explain what
actions  the  council has  already  undertaken  with  regard  to  the  junction of  Stanmore Hill  I
The Broadway, Stanmore.

The  council  is  aware  that  this  junction  does  not  have  a  pedestrian  phase  built  in  to  the
signals and  therefore we  can  appreciate that it  can  be  difficult for  pedestrians to cross  at
this location. From previous correspondence we  are also  aware that there is a perception
from some local residents that the junction is dangerous.

In  fact  until  recently  the  accident  record  at  this  junction  was  extremely  good  with  no
personal  injury  accidents  being  recorded  in  the  three  years  prior  to  2012.  There  were,
however, four  accidents involving personal injury in  2012.Two of these accidents involved
pedestrians. Three  of  the  accidents  were  classed  as  slight  and  one  was  a  fatal  accident
regrettably involving Mr Burrell.

In our experience it is  not practical to have a controlled crossing at all signalised junctions
and  the  council in  partnership with  Transport for  London (TfL) (who  has  responsibility  for
the maintenance and control of all traffic lights in London) works closely to strike a balance
between the demands of pedestrians and motorists.

In 2009 the signals unit at TfL modernised the traffic signals at the junction which included
the  removal  of  a  secondary  traffic  signal  pole  which  faced  traffic  approaching  along
Stanmore Broadway. As  there  was  no dedicated  pedestrian phase at  the junction the  TfL
signal  engineers  considered  the  secondary  pole  was  potentially  dangerous  because  it
could mislead pedestrians to think that it was safe to cross when traffic was still on green.

Following representations and complaints about the removal of the secondary traffic signal
pole,  Harrow  Council commissioned  a  study to  look  at  the  feasibility  of  incorporating  a
dedicated pedestrian phase into the signal timings.

address Harrow Council, Civic Centre, Station Road, Harrow, HA1  2XF
tel 020 8901 2600  web www.harrow.gov.uk

 The  report  concluded  that  the introduction  of  a  dedicated  pedestrian  phase  would
significantly  increase  traffic  delays  and  congestion  with  a  consequent  risk  to  safety,
including surrounding  residential  roads  being  used  as  short  cuts  which  already carried  a
significant volume of  traffic. This  view  was  supported  by TfL's  signals  unit who  confirmed
that  significant delays on all arms  vould occur at the  junction if  a dedicated  all-red phase
was  introduced. TfL  would  not  support  the  introduction  of  a  scheme  which  would  cause
more  delays to this part  of  the  strategic route network  and  consequently a  scheme could
not be taken forward.

In  order  to pursue this  issue further  the  council met  with  TfL  to  discuss other  options for
improving  pedestrian  facilities  at  the  junction.  TfL  suggested  linking  the  existing  traffic
signals  at  Church  Road,  Stanmore  Hill  junction,  The  Broadway  (pelican  crossing)  and
Marsh Lane junction so that they were synchronised in order to improve their performance.
This  approach would smooth traffic flows  and  give us the  opportunity to  see whether  any
improvements  in  traffic  flow  and  capacity  would  make  it  possible  to  consider  an  all  red
pedestrian  phase  at  the  Stanmore  Hill  junction  without  the  previously  mentioned
drawbacks.

TfL  agreed to  fund the project  as  part of  the council’s Local Implementation Plan and  the
installation of new the signal equipment and linking of the signals via SCOOT (Split Cycle
Offset  Optimisation  Technique)  was  completed  by  the  end  of  March  2013.  SCOOT  is  a
tool  for  managing  and  controlling  traffic  signals in  urban  areas.  It  is  an  adaptive  system
that  responds  automatically  to  fluctuations  in  traffic  flow  through  the  use  of  on-street
detectors which are embedded in the road.

Now  that  these  works  have  been  completed  we  are  monitoring  the  performance  of  the
signals and the impact on congestion and  journey  times. We  will shortly be reviewing the
Stanmore  Hill  junction  again  to  see  if  introducing  a  dedicated  pedestrian  phase  at  the
Stanmore Hill junction is feasible and acceptable to TfL.

Since  the  receipt  of  your  letter  we  have  also  opened  up  dialogue  with  TfL  regarding the
decision  to  remove  the  secondary  signal  and  asked  that  a  review  of  this  decision  is
undertaken. However, the installation of a pedestrian phase is  still the  Council’s preferred
method of resolving this matter.

I trust you can appreciate that the  council has  been taking all necessary actions available
to pursue the installation of a pedestrian phase at these signals over recent years and that
we are continuing to pursue this matter with TfL to achieve a satisfactory resolution for the
local community.

Yours sincerely

Environment and Enterprise

  Corporate Director of

2

c-

RECEIVED
03  SEP  2013

SCANNED

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