Prevention of Future Deaths reports · 2015

John Clarke

Regulation 28 report to prevent future deaths, reference 2015-0256, written 6 Jul 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report6 Jul 2015
Reference2015-0256
DeceasedJohn Clarke
CoronerKevin McLoughlin
Coroner areaLondon Inner (West)
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.

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS

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

City Of Westminster
Westminster City Hall
Victoria Street
London

SW1E 6QP

1 | CORONER

| am Kevin McLoughlin, Assistant Coroner, for the coroner area of Inner West London

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

On 7" March 2014 | commenced an investigation into the death of John Paul Clarke
(aged 35). The investigation concluded at the end of the inquest on June 29" 2015. The
conclusion of the inquest was a narrative, the cause of death being Multiple Trauma.

4 | CIRCUMSTANCES OF THE DEATH

John Paul Clarke was riding his motorcycle on his way to work at 6.00am on 5"" March
2014. On Northumberland Avenue, London, his motorcycle came into contact with the
raised kerb edge of a traffic island, causing him to fall and collide with a rigid metal
hooped Keep Left sign. He sustained blunt force injuries in the impact and was certified
dead at the scene at 6.46am that morning.

5 | CORONER’S CONCERNS

Evidence taken at the inquest 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. Westminster City Council in its capacity as the highways authority carried out
monthly walked inspections of Northumberland Avenue (along with other
inspections). These inspections did not register that a “Keep Left” sign located at
the easterly end of the traffic island involved in the incident was missing and had
been missing for at least three years.

2. The various inspections carried out by Westminster City Council failed to
register that the external lighting arrangement for the “Keep Left” sign that was
located on the traffic island was defective and had probably not been working for
three years.

3. The missing “Keep Left” sign and the Keep Left sign which was in place at the
western end of the traffic island, were not recorded on the database of assets
used by Westminster City Council in the course of their inspections. This
omission made it less likely that the defects referred to would be noticed and

hindered any attempts to initiate remedial works.

4. The inspection system in force in the period 2011-2014 was not sufficiently
effective to identify missing road signs and/or lighting defects which good
practice required to be in place and to facilitate remedial works to rectify the
situation.

5. The database of street signs and other highway assets used by Westminster
City Council as a basis for its periodic inspections was not sufficiently
comprehensive.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you
Westminster City 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 2"° September 2015. |, 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 :

| have also sent a copy to the following persons who may find it useful or of interest:

Local Government Technical Advisors Group (TAG)
TAG General Secretary

Bluewaters

Andurn

Down Thomas

Plymouth

PL6 OAT

Association of Directors of Environment, Planning & Transport (ADEPT)
Honorary Secretary & Treasurer

Strategic Director - Communities & Built Environment

Buckinghamshire County Council

County Hall

Walton Street

Aylesbury

Bucks HP20 1UA

| 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.

6th July 2015.

Mr Kevin McLoughlin

HM Assistant Coroner

Inner West London
Westminster Coroner’s Court
65, Horseferry Road

London

SW1P 2ED.

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 Respondent Not Named (PDF)
Response  to  the  Regulation  28  Report  from  the 

Assistant  Coroner  dated  6  July  2015  following 

the  Coroner’s  Inquest  held  into  the  tragic  death 

of John Paul Clarke 

Date: 17 November 2015 

Martin Low, City Transport Advisor 

Growth, Planning and Housing Department 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 

2. 

3. 

4. 

5. 

6. 

7. 

CONTENTS 

Section 

Title 

Executive Summary 

Highway Inspections 

Page 

   3 

   4 

Highways Inventory – Traffic Signage  

   8 

Inventory Maintenance 

Temporary Repairs 

Training 

Appendices 

 11 

 13 

 14 

Appendix 1 –      Confirm Connect User Guide 

16 

2 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1.0 

Executive Summary 

This  report  sets  out  the  City  Council’s  response  to  the  Assistant  Coroner’s 

concerns regarding inspection of regulatory  traffic signs, inventory accuracy and 

maintenance, temporary and permanent remedial works, and, inspector training.   

The aim of the measures that the City Council already has in place, and those to 

be  implemented,  is  that  the  City  Council  maintains  an  accurate  inventory.  The 

systems  in  place  ensure  that  where  an  asset  is  missing  or  the  record  of  it  is 

incorrect,  that  the  inventory  database,  contingency  protocols  and  inspector 

knowledge  and  awareness  ensure  that  the  required  remedial  work  is  always 

ordered  for  our  service  provider  to  action  and  that  the  required  update  to  the 

inventory database occurs promptly. 

Martin Low, City Transport Advisor 

Growth, Planning and Housing 

17th November 2015 

3 

 
 
 
 2.0  Highways Inspections 

2.1   The  City  Council’s  routine  highways  inspection  of  regulatory  traffic  signs  and 

other highway assets is undertaken on a monthly, quarterly or six monthly basis.   

The  frequency  of  inspections  is  based  upon  the  road  network  hierarchy  and  its 

functionality,  which  includes  its  intensity  of  use  by  pedestrians  and  other  road 

users. 

2.2 

The highways inspectors undertake planned visual inspections and are trained to 

understand  and  interpret  the  City  Council’s  Code  of  Practice  for  Highways 

Inspections, which includes the Highways Risk Register. These documents align 

to  the  recommendations  set  within  the  National  Code  of  Practice  for  Well 

Maintained Highways.  

2.3 

The inspectors use hand held units and mobile software called Confirm Connect. 

This interfaces with the main Confirm OnDemand system, which holds the asset 

database (inventory) and works order records.   

2.4 

The  inspector  downloads  the  highway  inspection  route  into  their  handheld  unit 

before beginning the planned inspection and will raise a works order against the 

individual asset for a defect, which meets or is above the investigatory levels set 

out  within  the  Highways  Risk  Register.    The  risk  matrix  uses  the  scale  of  the 

defect,  e.g.  the  depth  of  a  pothole,  and  the  location  of  the  defect  from  the  road 

hierarchy, to produce a risk score.  The priority of the response time is then set 

against  the  risk  score,  with  more hazardous  defects  in  high  pedestrian/road  use 

areas producing a higher risk score and a faster response time.   

2.5  When raising a defect, the Confirm Connect software draws down from the main 

Confirm database all assets within a 25 metres radius of the inspector’s location  

4 

 
 
 and displays them to the inspector.  Where the asset does not appear, the system 

holds a ‘dummy asset’ number called a ‘whole site feature’, which can be used to 

raise a works order.  Inspectors are trained to be able to record defects and raise 

a works order even if the asset is not recorded on the Confirm inventory.   

2.5  Works  orders  are  raised  with  the  City  Council’s  service  provider  through  the 

Confirm Connect system and they receive the committed order within minutes of 

it  being  placed  through  the  hand  held  unit.    The  response  time  required  for  our 

service provider to attend the defect is based upon the Risk Register and this is 

configured within the Confirm Connect software. These are: 

 Within  two  hours  for  an  emergency  repair  for  certain  category  1  defects 

(Priority 1 response – highway and lighting defects) 

 Within  24  hours  for  certain  category  1  defects  (Priority  2  response  –  

highways and lighting defects) 

 Within  48  hours  for  certain  category  2  defects  (Priority  3  response  – 

lighting defects) 

 Within  ten  days  for  certain  category  2  defects  (Priority  3  response  

highways defects) 

 Within  28  days  for  certain  category  2  defects  (Priority  4  Response  – 

highways defects) 

  Over 28 days for other defects that can await a programmed response 

(Priority 5 Response – highways and lighting defects) 

2.6 

The terms category 1 and category 2 defects are set in the Code of Practice for 

Well Maintained Highways.  Category 1 responses are deemed more urgent and  

5 

 
 
 
 need to be responded to  in a shorter time period  as they represent a significant 

hazard.  Category 2 repairs are non-urgent and a more planned approach can be 

taken.  Where an asset is missing, but in the Confirm inventory, the risk priority is 

set  in  the  handheld  already.    Where  the  asset  is  missing  and  is  also  not  in  the 

inventory,  the inspector will use their training and knowledge  of the risk register 

to  determine  appropriate  priority  and  response  time  for  the  given  defect.    The 

inspector can override the risk register response times through Confirm Mobile at 

their  discretion  and  the  reasons  for  this  are  then  recorded  against  the  relevant 

record (see page 56 of this document, contained within the Confirm User guide in 

Appendix 1). 

2.7 Where  the  defect  requires  that  a  category  1  response  is  needed,  in  the  vast 

majority  of  cases  this  is  to  make  the  hazard  safe  as  a  permanent  repair  is  not 

possible  due  the  length  of  time  it  will  take  to  complete,  the  need  for  road 

closure/parking  suspensions  or  special  materials.    In  these  circumstances,  the 

inspector will  also  raise  a  works  order for the  permanent  repair  as  a  category  2 

response according to the risk register. 

2.8 Where the category 1 defect is reported by the public through the contact centre, 

the  same  risk  register  logic  to  categorise  the  repair  as  urgent  or  non-urgent  is 

built  into  the  web  form  system  used  by  the  call  centre  agent.    For  a  non-urgent 

public  report,  the  service  provider  crew  will  record  when  they  have  completed 

making  the  hazard  safe  and  use  a  system  status  to  record  that  further  work  is 

needed.  The defect is then sent to the reactive inspector’s handheld unit for the 

location in question.  The inspector visits the location and raises the appropriate 

works order for any permanent repair that is needed as described in paragraphs 

2.4 and 2.5 above. 

6 

 
 
 2.9 Outstanding committed works orders issued to the service provider are monitored 

every  day  through  a  report  generated  from  Confirm  and  at  regular  monitoring 

meetings.    In  certain  circumstances  works  orders  can  become  stuck  and  stay 

‘uncommitted’  in  the  system.   When  this  happens,  the  works  order  does  not  go 

through  to  the  service  provider.    However, a  new  report has  been introduced  to 

allow staff and the provider to monitor these on a daily basis as well. 

7 

 
 
 3.0   Highways Inventory – Traffic Signage 

3.1 

The City Council’s inventory is held in the Confirm database and holds details of 

traffic signs, which are the responsibility of the City Council to maintain.  Data is 

held  as  the  asset  type  (feature  type)  and  its  related  attributes,  e.g.  colour,  size.  

Each  signage  asset  type  is  held  in  one  of  three  categories  of  signs:  (i)  Public 

Lighting  (PL)  Internal  Illuminated  Sign,  (ii)  Public  Lighting  (PL)  External 

Illuminated Sign  and  (iii) Highways  (HW)  Sign.   Where a  sign  is illuminated,  the 

type of illumination is stated within the asset type name (internal/external).   Non-

illuminated signs are in most cases for parking controls. 

3.2  Non-illuminated sign attributes 

Figure one below shows an example of the attributes held in the inventory for a 

non-illuminated sign, in this case a parking sign.  The field names are as follows: 

ID  Number  –  Traffic  Signs  Regulations  and  General  Directions  (TSRGD)  sign 

diagram number 

Plate Size – actual size of sign plate 

Sign Face Type – Reflectorised, Diamond Grade, Class 1 

Sign Type – Regulatory, Information, Bus Lane, Warning, Directional, Information  

Fig.1: Example of a non-illuminated sign type 640 

8 

 
 
 
 3.3  Illuminated sign attributes 

Figure  2  below  is  an  example  of  the  attributes  held  in  the  inventory  for  an 

externally  illuminated  sign.    It  should  be  noted  that  this  is  a  standard  list  of 

attributes for both lighting columns and illuminated sign posts and bollards.  As a 

result, not all of the attributes are applicable to every asset type and some of the 

fields  do  not  therefore  need  to  be  completed.    The  two  main  attributes  for  the 

illuminated sign types are as follows: 

Illuminated Sign Reference – Description 

Illuminated Sign Number – TSRGD Number 

Fig.2: External Illuminated sign type 504.1 - Crossroads Sign. 

9 

 
 
 
 3.4  With  the  move  to  handheld  technology,  a  new  attribute  of  Sign  Number  and 

Description has been added to enable site staff, including highways inspectors, to 

easily select the sign type by description without having  to know the TSRGD ref 

number (Figure 2).  The drop down menu has the TSRGD number at the end of 

the description.  This will replace the two existing Illuminated sign attributes listed 

in paragraph 3.3.  This is a work in progress and if successful, it will be rolled out 

to Highways non-illuminated signs as well (Figure 1). 

3.5 

The inspectors are able to see whether the asset is illuminated or non-illuminated 

through  the  feature  type  description.    In  addition,  any  cases  where  the  asset  is 

missing,  inspectors  can  still  take action by  raising  a  defect  using  the  ‘whole  site 

feature’  function  described  in  paragraph  2.5.    This  enables  a  works  order  to  be 

issued to the service provider with a description of the work needed.  Our service 

provider  completes  the  work  and  records  the  action  that  it  has  taken  on  a 

handheld unit and this is transferred to the Confirm database.  Where the service 

provider  is  unable  to  complete  a  first  time  repair  on  the  first  visit  and  leaves 

temporary arrangements, it will record this action on the system and photographs 

are taken. 

3.6  An exception report from the Confirm system is generated each week for orders 

that  have  been  raised  using  ‘whole  site  feature’.    This  is  then  investigated  to 

ensure that any change to the inventory is carried out.    

10 

 
 
 4.0 

Inventory Maintenance 

4.1 

The  inventory  is  updated  as  a  result  of  either  reactive  or  routine  maintenance 

works  or  through  schemes  when  new  assets  are  installed,  moved  or  removed 

from  the  network.    It  should  be  noted  that  assets  are  never  deleted  from  the 

inventory  since  this  loses  the  maintenance  history  for  that  asset.    The  system 

holds  current  assets,  which  are  seen  by  inspectors  and  call  centre  agents,  but 

retains  the  historical  record  of  changes  to  the  inventory  such  as  when  a  new 

asset has been added, moved or made redundant. 

4.2 

There  are  two  methods  of  updating  the  inventory.    The  first  is  using  handheld 

units and this method updates the inventory for reactive and routine maintenance 

works  carried  out  using  the  same  Confirm  Connect  software  as  the  inspectors.  

This  is  already  used  by  our  drainage  provider  and  shortly  will  be  used  by  our 

lighting  service  provider  for  both  reactive  and  routine  maintenance.    This  brings 

much greater opportunity to keep the inventory updated in real time. 

4.3 

The second method is to manually update the inventory, either by  importing files 

with  the  relevant  data  or  individually  inputting  details  from  scheme  ‘as  built’ 

drawings.      The  file  import  method  is  already  used  in  lighting  to  update  the 

inventory with routine maintenance works, but this will be replaced with real time 

updates  when  Confirm  Connect  is  implemented.    This  is  currently  programmed 

for  January  2016.    The  individual  input  manual  method  is  used  to  update  the 

inventory with scheme works, including those carried out by third parties.  Manual 

updates  are  also  used  for  whole  site  features  reported  by  inspectors  using  the 

exception report method described in paragraph 3.6. 

11 

 
 
 4.4  All  illuminated  signage  assets  currently  receive  a  bi-annual  maintenance 

inspection, which looks at the internal condition and functional status of the asset 

as well as a visual inspection.  This inspection will identify if the asset is missing 

from the database, is numbered incorrectly or is in the incorrect location.  This is 

a separate programme of inspections to the monthly, three monthly or six monthly 

planned visual inspections by the highways inspectors. 

4.4  As  a  result of  the  implementation of  Confirm  Connect  in  the  lighting  service,  we 

are  currently  developing  protocols  that  will  enable  the  lighting  crews  to  not  only 

update  the  inventory  with  maintenance  works  carried  out,  but  also  to  make 

corrections  to  the  base  inventory  asset  data  during  routine  maintenance 

inspections.        This  means  that  over  the  course  of  the  next  two  full  year’s 

maintenance inspection cycles (by 31 March 2018) when every illuminated asset 

will  have  been  inspected  using  the  new  hand  held  units,  the  inventory  will  be 

updated.    Taken  together  with  the  other  update  protocols,  this  provides  a 

complete cycle of keeping the inventory updated. 

4.5 

There  remain  some  schemes  from  our  previous  contract  that  have  not  been 

updated  in  the  inventory.    A  scope  of  works  and  method  are  actively  in 

discussion, including the need to resurvey these areas and whether  the Confirm 

Connect could be used.  The timeline to complete the physical inventory updates 

is by the end of the current financial year (31 March 2016). 

12 

 
 
 5.0  Temporary Signage Measures 

5.1 

In some instances the attending service provider crew will not have the required 

replacement  signage  to  complete  the  repair  on  the  first  visit.    In  these 

circumstances,  for  priority  one  defects  (see  paragraph  2.5),  temporary  traffic 

cones are put in place and recorded on the Confirm database with photographs.  

To track these, this process is being enhanced.  The intention is that a new report 

will  be  generated  from  Confirm  every  two  weeks  showing  the  locations  where 

temporary  signage  has  been  left  and  monitored  to  ensure  that  the  permanent 

repair is completed.  Where the works order is still outstanding after two weeks, a 

follow  up  visit  by  the  service  provider  will  be  carried  out  to  check  that  the 

temporary traffic cones are still in place and have not been moved.  This protocol 

will be implemented by 1 December 2015. 

13 

 
 
 6.0   Training 

6.1 

The  user  guide  produced  for  the  inspectors  on  the  use  of  Confirm  Connect  is 

attached as Appendix 1.  This is used as part of the inspector training, including 

induction for new staff, and has been updated to include the protocol for raising 

works orders  when  the  asset  is missing  (page  32  for highways  assets,  page  56 

for lighting assets and page 61 for gully assets). 

6.2  All  inspectors  have  been  trained  on  the  changes  to  the  protocol  and  on  the 

importance  of  reporting  anomalies  in  the  inventory  and  keeping  it  up  to  date.  

Training takes place through staff briefings, which are held fortnightly and through 

formal  training  sessions.    Formal  training  for  the  implementation  of  Confirm 

Connect  took  place  in  July  and  August  2014.    Refresher  briefings  on  new 

protocols for missing assets took place in April and May 2015. 

6.3  Where  the  asset  is  missing  and  not  in  the  inventory,  inspectors  will  use  their 

training and knowledge of the TSRGD to raise the appropriate works order to the 

service provider.  In these circumstances, the inspector will put a full description 

of  the  works  required,  e.g.  missing  no  entry  plate  on  sign  column  S1,  location 

Victoria Street. 

6.4  While the inventory holds the sign diagram number already and will be updated to 

give both the TSRGD diagram number and the description so the inspectors see 

this,  given  the  latter  will  take  some  time  to  complete,  additional  training  on 

regulatory  signage  and  TSRGD  is  being  provided  to  the  inspectors  in  January 

2016. 

6.5 

The City Council only recruits Inspectors with a minimum of 2 years’ experience. 

Most are recruited from other London Boroughs, utility companies, or roadworks 

contractors, and most have worked in this industry for many years before starting  
14 

 
 
 with the City Council.  On starting with the Council a new inspector spends a 

couple of months buddied with an existing Inspector to learn how the Council’s 

systems work and how to apply their knowledge within the City Council’s policy 

framework. Three Lead Inspectors and the Inspectorate Manager undertake 

regular reviews of the Inspectors’ work and make sure that they are maintaining 

the necessary standards and consistency. 

6.5  While not a statutory requirement, the City Council requires that all of the 

Inspectors hold a current City and Guilds “Streetworks Supervisor” accreditation, 

which qualifies them to oversee and instruct roadworks contractors on the 

highway and to diagnose highway defects or errors in working practice.  This 

qualification remains valid for 5 years and has to be renewed with a full week’s 

training course and examination at an accredited training centre.  The Council 

has funded training for all Inspectors in various other industry standards; these 

include qualifications in setting out signage and managing traffic, safe working 

practices, and disability awareness.  The Council also funds any specific training 

that an Inspector wishes to undertake which supports their skills in work.  This 

has included detailed industry qualifications, foundation degrees, and various 

legislation-specific courses. 

15

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