Prevention of Future Deaths reports · 2016

Tony Jopson and Michael Jopson

Regulation 28 report to prevent future deaths, reference 2016-0172, written 4 May 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report4 May 2016
Reference2016-0172
DeceasedTony Jopson and Michael Jopson
CoronerDavid Roberts
Coroner areaCumbria
CategoryRoad (Highways Safety) related deaths · Child Death (from 2015)
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 (1)

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

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
RE: Tony Elliott JOPSON Deceased
THIS REPORT IS BEING SENT TO:

1. The Right Hon. Patrick McLoughlin MP Secretary of State for T: nsport

1 | CORONER

| am David Llewelyn Roberts, Senior coroner, for the coroner area of Cumbria.

2 | CORONER’S LEGAL POWERS

| make this report under paragraph 7, Schedule 5, of the Coroners and Justi¢e Act 2009
and regulations 28 and 29 of the Coroners (Investigations) Regulations 201

3 | INVESTIGATION and INQUEST
On 29th May 2015. | commenced an investigation into the death of Tony Elliott Jopson —
18 months old. The investigation concluded at the end of the inquest on 29th|March

2016. The conclusion of the inquest was:

1a) Severe Head Injury. Road Traffic Collision

4 | CIRCUMSTANCES OF THE DEATH

The deceased was a rear offside baby seat passenger in a Peugeot motor car driven by
his father travelling west on the A66 road at Crackenthorpe Cumbria when the car
gradually crossed the central white line of the single carriageway into the path of a
goods vehicle travelling east bound. In the massive collision which occurred the baby
seat sheared from its mountings and he was ejected through a window landi ig on the
road. He died instantly.

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. —

This was the first of two incidents on the A66 within three weeks. The second|occurred
at Warcop on the 16th June. Both involved the car carrying the deceased crossing the
single carriage way into the opposite lane and a head-on collision. The A66 is the main
arterial route from the A‘ in the east to the M6, Scotland and Ireland. It is extremely
busy carrying a great deal of large goods vehicle traffic. The road varies from \excellent
dual carriage way to winding country road. From a road safety perspective the road
should be dual carriageway throughout otherwise avoidable deaths with continue to
occur.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you have the
power to take such action by upgrading the A66.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by Monday ‘st July 2016. |, 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

SE 2° 12" Solicitor

| have also sent it to the below who may find it useful or of interest.

Chief Constable, Cumbria Constabulary
Diane Wood, Chief Executive, Cumbria County Council

Mr Rory Stuart MP
eal & Crime Commissioner

| 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.

4th May 2016 Signed: David LI_Roberts
VQ Wb

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
RE: Michael lan Jopson Deceased
THIS REPORT IS BEING SENT TO:

1. The Right Hon. Patrick McLoughlin MP Secretary of State for Transport

1 | CORONER

| am David Llewelyn Roberts, Senior coroner, for the coroner area of Cumbria.

2 | CORONER'S LEGAL POWERS

| make this report under paragraph 7, Schedule 5, of the Coroners and Justi¢e Act 2009
and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013.

3 | INVESTIGATION and INQUEST
On 29th May 2015. | commenced an investigation into the death of Michael lan Jopson
— 25 years old. The investigation concluded at the end of the inquest on 29th March

2016. The conclusion of the inquest was:

1a) Multiple injuries. Road Traffic Collision

4 | CIRCUMSTANCES OF THE DEATH

The deceased was the driver of a Peugeot motor car travelling west on the
Crackenthorpe Cumbria when his car gradually crossed the central white line of the
single carriageway into the path of a goods vehicle travelling east bound. A massive
collision occurred and he died. It is probable that he momentarily got distracted.

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. Jn the
circumstances it is my statutory duty to report to you.

The MATTERS OF CONCERN are as follows. —

This was the first of two incidents on the A66 within three weeks. The second occurred
at Warcop on the 16th June. Both involved the car carrying the deceased crossing the
single carriage way into the opposite lane and a head-on collision. The A66 i$ the main
arterial route from the A11 in the east to the M6, Scotland and Ireland. It is extremely
busy carrying a great deal of large goods vehicle traffic. The road varies from excellent
dual carriage way to winding country road. From a road safety perspective the road
should be dual carriageway throughout otherwise avoidable deaths with continue to
occur.

ACTION SHOULD BE TAKEN

power to take such action by upgrading the A66.

In my opinion action should be taken to prevent future deaths and | believe i: have the

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by Monday 1st July 2016. |, 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 it to the below who may find it useful or of interest.

Chief Constable, Cumbria Constabulary
Diane Wood, Chief Executive, Cumbria County Council

Mr
olice & Crime Commissioner

| 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.

4th May 2016 Signed: David LI. Robeyts

C_/he

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 Department of Transport (PDF)
roa From the Parliamentary
Under Secretary of State

Department Andrew Jones MP
for Transport 33 Horsefery Road
London
SW1P 40R
D. LI. Roberts

‘al: 0300 330

County of Cumbria Web site: www.gov.uk/dft
Fairfield

Our Ref:
Station Street Your Re

Cockermouth
Cumbria
CA13 OPT 27 JUN 2016

Deor dhe Robita,

Thank you for your letter 4 May to the Secretary of State regarding the
inquest into the deaths of Michael and Tony Jopson. In your letter you
explain that this was the first of two accidents on the A66 within three weeks.
You state that action should be taken to prevent future deaths by upgrading
A66.

In December 2014 the Government published the first Road Investment
Strategy (RIS) which marked a step change in investment in the strategic
road network and committed over £15bn of expenditure in the period to 2020.
The RIS also acknowledged that some of the challenges and opportunities
facing the network are too large and too complex to fix in a single Road
Period. Building on the feasibility study approach adopted in preparation for
the RIS, the Government commissioned a series of new strategic studies, to
address the biggest challenges facing the road network. One of these studies
is the Northern Trans Pennine study, covering the A66 and A69.

Both roads have a mix of high-quality dual carriageway and single
carriageway. The aim of the study is to examine the case for dualling one or
both of these roads and making other improvements along their length.
Consultants were appointed in the summer of 2015 and will report their
findings in the autumn of 2016. An initial report was published in March 2016
and can be found here:
https://www.qov.uk/government/publications/northern-trans-pennine-
strategic-study-interim-report. This sets out the key findings and need for
intervention.

The Chancellor announced in the 2016 Budget his commitment to upgrade
the A66 and A69. The budget also announced the allocation of £75m from
the Transport Development Fund to take forward the more promising
recommendations from this and two other strategic studies in the north of
England to enable construction to commence in the second Road Period
after 2020.

The A66 forms part of the strategic road network. Working with the
Department for Transport, Highways England maintains, operates and
improves that network. As part of Highways England’s role as network
operator it carries out a review of the safety of a route each year. Personal
Injury Accident (PIA) data for a five year period is looked at. This review
informs the development of Highways England’s safety study and
improvement programme.

Ahead of any major upgrade to the route, safety improvements at the
following locations on the A66 between the M6 and the Durham Boundary
are to be delivered this financial year:

e A66 Brougham where works to introduce a right turn lane were
completed in April

e A66 Kirkby Thore where average speed cameras are to be installed by
mid July

e A66 Appleby to Brough where a package of measures are currently
being introduced. These include an upgrade to the road traffic signs
and road markings, an extension of the double white line system at
Sandford and Warcop, installation of safety barriers in the road side
verge. A reduction in the speed limit to 50 mph is also proposed. There
has been an objection to the proposed lower speed limit. The objection
is currently being considered and a decision on whether to proceed
with the proposed lower speed limit is expected by mid July.

“fours winced '

ude pres

ANDREW JONES

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