Prevention of Future Deaths reports · 2015

Joshua Booth

Regulation 28 report to prevent future deaths, reference 2015-0125, written 16 Mar 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report16 Mar 2015
Reference2015-0125
DeceasedJoshua Booth
CoronerStuart Fisher
Coroner areaLincolnshire (Central)
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.

HM CORONER
Central Lincolnshire

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

43 a «i: Operating Officer, Lincolnshire County Council

CORONER

| am Stuart P G Fisher, Senior Coroner, for the coroner area of Central Lincolnshire, Lindum
House, 10 Queen Street, Spilsby, Lincolnshire, PE23 5JE.

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.

http://www. legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7

http://www. legislation.gov.uk/uksi/2013/1629/part/7/made

INVESTIGATION and INQUEST

On 22" September 2014 | commenced an investigation into the death of Joshua David Booth,
Aged 22 years. The investigation concluded at the end of the inquest on 11" March 2015. The
conclusion of the inquest was that Mr Booth died as a result of a Road Traffic Collision, the medical
cause of death being:

fda. Multiple Injuries

CIRCUMSTANCES OF THE DEATH

On 14" September 2014, Mr Booth was travelling westbound along a road which runs parallel with
Fodder Drain. When he was approxiametely 275 metres east of Hobhole Drain he drove over a
heavily subsided section of road which, in part, caused him to lose control of his Peugeot 206 Motor
Vehicle resulting in him leaving the road to his offside, following which the vehicle collided with a
wooden post at the foot of the bank and somersaulted into Fodder Drain. Mr Booth sustained fatal
injuries. Full details of the incident and investigation are set out in Police Constable Holloway's
report, a copy of which has been made available to Officers of your department.

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. —

(I) The subsided section of road is seriously substandard and a danger to passing motorists
and formed a contributory factor to Mr Booth's death. The section of road requires
immediate repair.

(Il) Appropriate signage needs to be erected to warn of the imminent danger of the road
subsidence. The signage needs to be closer to the section of road in question and should
include an appropriate advisory speed limit.

1

(Ill) The posts at the foot of the bank constitute a serious danger to vehicles leaving this section
of road. An Armco barrier should be erected along this section of the road to provide
security to passing motorists.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you AND/OR your
organisation 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
a1 May 2015.1, 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)
(b)
| 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
publication of your response by the Chief Coroner.

16 Match 2015 al
[sone

S P G Fisher nN
Senior Coroner

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 Lincolnshire County Council (PDF)
11 MAY ang Lincolnshire’

COUNTY COUNCIL

Ref: |

Date: 7 May 2015 Chief Operating Officer,
Development Services

Mr S P G Fisher 4" Floor, City Hall,

Senior Coroner Lincoln

Lindum House LN1 1DN

10 Queen Street Email:

SPILSBY Tel: (01522) 553002

PE23 5JEl .

Dear Mr Fisher,
REGULATION 28 REPORT - JOSHUA DAVID BOOTH (DECEASED)

Thank you for your Regulation 28 Report dated 16 March 2015 issued following the
inquest investigating the death of the late Mr Joshua David Booth. As required under
Section 7 of your report, | make the following response.

The County Council in considering your concerns would respond as follows:-

1. The discrete section of road identified in your report which had been subject to
subsidence has now been levelled with bituminous material to provide a more
regular surface for the public.

2. Signage exists at regular intervals along the section of Fodderdyke Bank between
Stickney and Friskney. Temporary signage was erected which includes the area
which has now been repaired. This signage advising of uneven road surface has
been left in place and supplements the existing permanent signs. The "uneven
road" signage in the area is subject to regular inspection and review.

3. Following an earlier review there is an advisory speed limit of 40 mph on
Fodderdyke Bank which is signed accordingly.

4. The posts at the foot of the Bank have been placed by the Drainage Board to
provide structural support to the embankment and the road construction above. This -
type of support is standard practice and is present in numerous locations. Provision
of Safety Barrier protection in this location now that the depression has been
removed would increase the expectations for barriers in all other locations where
toe piling has been placed.

oe Yi County Offices, Newland, Lincoln LN1 1YL

INVESTOR IN PEOPLE www.lincolnshire.gov.uk

Due to the nature of the embankments (constructed from a mixture of clay, peat and
silts in general) there is not enough strength to enable safety barriers to be erected
without significant structural works to support the barrier.

The cost of providing barriers would be excessive and divert resources from
repairing the defects and failings in the road construction throughout the County
and would not be best use of limited resources.

| trust that the above response is satisfactory.

Yours sincerely

Steve Willis
Chief Operating Officer, Development Services

4/4

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