Prevention of Future Deaths reports · 2013
Regulation 28 report to prevent future deaths, reference 2013-0324, written 4 Dec 2013. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 4 Dec 2013 |
|---|---|
| Reference | 2013-0324 |
| Deceased | Archibold Wellbelove |
| Coroner | R Brittain |
| Coroner area | Warwickshire |
| Category | Road (Highways Safety) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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.
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: Chief Executive - Warwickshire County Council 1 CORONER lam R Brittain, Assistant Coroner for Warwickshire 2 | CORONER'S LEGAL POWERS | make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. 3 | INVESTIGATION and INQUEST On 10" December 2012 an investigation was commenced into the death of Archibold WELLBELOVE, aged 18 years old. The investigation concluded at the end of the inquest on 22 November 2013. The conclusion of the inquest was narrative (Copy attached). 4 | CIRCUMSTANCES OF THE DEATH Mr Weltbelove died in the early hours of December 7 2012, after being struck by a Taxi on the Kenilworth-bound carriageway of the A452. There had been a recent change in the County Council's night-lighting policy, which resulted in this section of road being unlit at the time of his death. 5 | CORONER’S CONCERNS During the course of the inquest the evidence revealed matters giving rise to concern, In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows. — (1) failure of the Council to review its night-lighting policy with specific regard to the circumstances of Mr Wellbelove’s death; to include consideration of : e evidence that pedestrians regularly use the road during the unlit hours; and e evidence that pedestrians, during the unlit hours, may not be aware of the presence of a footpath on the Leamington-bound side of the road, at the point of discontinuation of the footpath on the Kenilworth-bound side of the road. ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and | believe you as Chief Executive of the Council have the power to take such action. YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by 29 January 2014. |, the coroner, may extend the period. Your response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise you must explain why no action is proposed. COPIES and PUBLICATION | have sent a copy of my report to the Chief Coroner and to the following Interested Persons (a) The Wellbelove Family and (b) (Taxi Driver). lam also under a duty to send the Chief Coroner a copy of your response. The Chief Coroner may publish either or both in a complete or redacted or summary form. He may send a copy of this report to any person who he believes may find it useful or of interest. You may make representations to me, the coroner, at the time of your response, about the release or the publication of your response by the Chief Coroner. 4 December 2013 Assistant Coroner R Brittain
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.
Your ref: Warwickshire County Council The Coroner’s Office Resources Group Justice Centre P.O. Box 9, Shire Hall Warwick, CV34 4RR Newbold Terrace DX 723362 Warwick 5 Leamington Spa CV32 4EL 31 March 2014 Dear Sir REGULATION 28 REPORT: ARCHIBALD WELLBELOVE At the request of the Chief Executive, | am writing on behalf of Warwickshire County Council to respond to the Regulation 28 Report issued by the Assistant Coroner, Dr Richard Brittain, on 4" December 2013. Although the Report was posted to the County Council, we have no record of receiving it and did not become aware of its contents until 3” February 2014. In consequence, the Assistant Coroner agreed to extend the time for responding to 31* March 2014. In his Report, the Assistant Coroner identified the following concerns: Failure of the Council to review its night-lighting policy with specific regard to the circumstances of Mr Wellbelove’s death; to include consideration of: . evidence that pedestrians regularly use the road during unlit hours; and . evidence that pedestrians, during the unlit hours, may not be aware of the presence of footpath on the Leamington-bound side of the road, at the point of discontinuation of the footpath on the Kenilworth-bound side of the road. The Council had scheduled a review of the policy for the early Summer but has brought forward this particular element in light of the Regulation 28 Report. Attached to this letter is a note of the investigations carried out by our highway engineers and their conclusions. From this it will be seen that it has been decided to make a number of changes at the point where the Kenilworth-bound footway terminates in order to reduce the risk of any future deaths. These changes are as follows: * a dropped crossing point supported by tactile paving on both sides of the road e abarrier rail to deter pedestrians e supporting signing to direct pedestrians across the road at this point e keeping the street light nearest to the crossing point on throughout the night. 20Siz, C) @ a jl bode INVESTOR IN PEOPLE ‘Hie Lav socETY aps [WA ht Wt tks & Printed on 100% recycled paper tam aware that this response will be shown to Mr Wellbelove's family and | do hope that they will accept our heartfelt condolences for their loss. The County Council has no representations to make about the release or publication of this response. Yours sincerely Head of Law & Governance 2YY/s bad Lexcel 2VVe INVESTOR IN PEOPLE ‘THE LAW SOCIETY aye
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