Prevention of Future Deaths reports · 2014

Prevention of Future Deaths report 2014-0372

Regulation 28 report to prevent future deaths, reference 2014-0372, written 6 Aug 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report6 Aug 2014
Reference2014-0372
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

IN THE SURREY CORONER’S COURT
IN THE MATTER OF:
__________________________________________________________
The Inquests Touching the Death of Lee Michael FRIEND
A Regulation 28 Report – Action to Prevent Future Deaths
__________________________________________________________
THIS REPORT IS BEING SENT TO:
The Secretary of State for Transport (in relation to paragraph 5 (1))
The Chief Constable of Surrey Police (in relation to paragraph 5 (2))
The Chief Executive of Reigate and Banstead Council (in relation to paragraph 5
(3))
The Managing Director of Sutton and East Surrey Water PLC (in relation to
paragraph 5 (4))
1 CORONER
Simon Wickens HM Assistant Coroner for Surrey
2 CORONER’S LEGAL POWERS
I make this report under paragraph 7(1) of Schedule 5 to The Coroners
and Justice Act 2009.
3 INVESTIGATION and INQUEST
The inquest into Lee Michael Friend’s death was opened on the 25th
February 2013 was resumed with a jury on 29th of July 2014. The Jury
returned their conclusion on the 6th August 2014.
The jury found the cause of death was:
1a – Medullary Transection
1b – Fracture of the Cervical Spine
The Jury returned a narrative conclusion:
On the 21st February 2013 Mr. Friend died as a result of a road traffic
collision on the A217 Dovers Green Road. On the balance of probabilities
the manner in which the motorcycle was ridden was one of three material
contributions to his death. The other material factors that contributed to
his death were the positioning of the lights and signs associated with the
road works and risk assessments carried out by Sutton and East Surrey
Water PLC. were inadequate. Finally, the conduct of Surrey Police
following attendance at a road traffic collision on the 20th February 2013
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involving the inadequacy or otherwise of Surrey Police’s assessment,
response and failure to identify risk to life following the incident on the
20th February 2013.
4 CIRCUMSTANCES OF THE DEATH
On 20th February 2013 Sutton and East Surrey Water placed road works
and a two‐way traffic light system beyond what was described as a blind
bend. The placing of the lights meant that traffic held by the lights
backed up towards the blind bend. A member of the public expressed
concerns to the Council that same morning about the proximity of the
lights to the bend. That afternoon there was a road traffic collision at the
location, which was attended by Police. Despite having concerns over
safety to the public the Officer attending did not report these concerns to
the relevant authority. The following morning (21st February 2013) there
was a similar road traffic collision at the same place. As a result the
traffic was stationery just beyond the blind bend. Mr Friend, a
motorcyclist travelling at speed, negotiated the bend and collided with
one of the stationery cars before being projected into the path of an
oncoming car thereby sustaining the injuries from which he died.
5 CORONER’S CONCERNS
During the course of the inquest the evidence revealed a number matters
that gave rise to a concern that circumstances creating a risk of other
deaths will continue to exist in the future unless action is taken.
The MATTERS OF CONCERN are as follows. –
1. Action is required to ensure that when temporary traffic lights are
placed there is a minimum distance of visibility (line of sight)
between approaching drivers and the temporary traffic light
heads. Further, guidance or training should be provided to
operatives as to placing traffic lights near to blind bends or where
waiting traffic will encroach upon blind bends.
2. Action is required by Surrey Police to formulate a clear
policy/protocol for all Officers to follow when they identify a risk
created to the public by road works which should include a clear
route allow them to locate who is responsible for the placing of the
road works if not apologies board is seen/present.
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3. Action is required by Reigate and Banstead Council to ensure that
any calls from members of the public to the Council about serious
safety issues relating to the road network are passed directly to
those with responsibility to take action.
4. Action is required by Sutton and East Surrey Water to take steps to
ensure all members of staff are fully and properly trained in the
safe setting up of road works and the carrying out of effective risk
assessments.
6 ACTION SHOULD BE TAKEN
In my opinion action should be taken to prevent future deaths and I
believe that the Secretary of State for Transport, the Chief Constable of
Surrey Police, the Chief Executive of Reigate and Banstead Council and the
Managing Director of Sutton and East Surrey Water have the power to take
such action.
7 YOUR RESPONSE
You are under a duty to respond to this report within 56 days of its date; I
may extend that period on request.
Your response must contain details of action taken or proposed to be
taken, setting out the timetable for such action. Otherwise you must
explain why no action is proposed.
8 COPIES
I have sent a copy of this report to the Interested Persons in the Inquest
and the Chief Coroner.
9 Signed:
Simon Wickens
DATED this 6th day of August 2014.
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