Prevention of Future Deaths reports · 2014

Arthur Shaw

Regulation 28 report to prevent future deaths, reference 2014-0593, written 14 May 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report14 May 2014
Reference2014-0593
DeceasedArthur Shaw
CoronerDavid Horsley
Coroner areaPortsmouth and South East Hampshire
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

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.

ANNEX A

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1)

NOTE: This form is to be used after an inquest.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:

1. The Department for Transport

1 | CORONER

| am David Clark Horsley, senior coroner, for the coroner area of Portsmouth and South
East Hampshire.

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 13" January 2013 | commenced an investigation into the death of Arthur Clifford
Shaw, aged 93 years. The investigation concluded at the end of the inquest on 24" April
2014. The conclusion of the inquest was Death due to an Accident. The medical cause
of death was multiple injuries.

4 | CIRCUMSTANCES OF THE DEATH

At about 16.40 hours on 31 December 2012, Arthur Clifford SHAW was struck by a car
whilst crossing Privett Road, Gosport. He was taken to Southampton University Hospital
where he died at 09.55 hours on 1* January 2013 as a result of the injuries he had
sustained.

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. —

The driver of the vehicle that struck Mr Shaw was herself 87 years old and was suffering
from dementia at the time of the collision. This was confirmed by her GP whose
evidence was that she had been diagnosed as suffering from dementia in November
2012 and the doctor believed the dementia had been present prior to that diagnosis. Her
condition was such that the GP did not think she would be capable of giving reliable
evidence at the Inquest and, accordingly, she was not called as a witness.

| was told by police witnesses that when persons over the age of 70 renew their driving
licences, they have to be certified by their doctor as being fit to drive. However, whilst
doctors check hearing and vision, there is no specific need for the doctor to consider
mental fitness to drive. | believe that the circumstances of Mr Shaw's death demonstrate
the need for more careful examination of an elderly person's fitness to drive beyond
simple sight and hearing tests.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe your
organisation has 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 1 1 July 2014. I, 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
<— son of the deceased.

| am 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 pubjfication of your response by the Chief Coroner.

14 May 2014

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