Prevention of Future Deaths reports · 2016

Brandon Arnold

Regulation 28 report to prevent future deaths, reference 2016-0365, written 14 Oct 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report14 Oct 2016
Reference2016-0365
DeceasedBrandon Arnold
CoronerIan Pears
Coroner areaBedfordshire and Luton
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.

for Bedfordshire and Luton

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

The Chief Executive
Luton Borough Council
Town Halil

George Street West
Luton. LU1 2BQ

CORONER

| am IAN PEARS, Assistant Coroner for Bedfordshire and Luton

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.

hito:/www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7
http:/Awww.legislation.gov.uk/u ksi/2013/1629/part/7/made

INVESTIGATION and INQUEST

On 5" April 2016 | commenced an Investigation into the death of Brandon
Aubrey ARNOLD, aged 15 years. The Investigation concluded at the end of the
Inquest on 11" October 2016. The Conclusion of the Inquest was ‘Road
Collision’. The medical cause of death was :

la Multiple Traumatic Injuries
lf Use of Cannabis

CIRCUMSTANCES OF THE DEATH

The deceased, a 15, year old boy, was riding a motorcycle along a pavement in
a residential area in Marsh Farm in Luton; he was not wearing a crash helmet.
He lost control of the motorcycle and moved onto the offside of the pavement
colliding with a lamp-post. This resulted with him falling from the motor cycle
and colliding with metal railings. He was then conveyed to the Luton &
Dunstable Hospital by ambulance where sadly he died later the same day from
his injuries.

Senior Coroner, The Court House, Woburn Street, AMPTHILL, Bedfordshire, MK45 2HX
Tet 0300-300-6559 | Fax 0300-300-8267

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. —

(1) During the course of evidence it was stated that motor cycles on
pathways in this area was a constant problem;

(2) The motor cycle was travelling at 68 mph at point of impact;

(3) It was approximately 13.30 hours;

(4) The area is residential and it is reasonable to assume that the pathway is
used by children, the infirm and pensioners;

As a result | am concerned that there is a risk of death to pedestrians using the
pathway appropriately

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.

YOUR RESPONSE

You are under a duty to respond to this Report within 56 days of the date of this
Report, namely by 11" December 2016. |, the Assistant 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.
| 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.

Senior Coroner, The Court House, Woburn Street, AMPTHILL, Bedtordshire, MK45 2HX
Tel 0300-300-6559 | Fax 0300-300-8267

Dated 14th October 2016

Assistant Coroner
Bedfordshire & Luton

Senior Coroner, The Court House, Woburn Street, AMPTHILL, Bedfordshire, MK45 2HX
Tel 0300-300-6559 | Fax 0300-300-8267
Also filed under 2016-0365: 2016-0365-Highway-Services.pdf
Highway Services
Town Hail
George Street
Luton

LU1 2BQ

T: 01582 547282
Mr lan Pears E:

HM Coroners Office W: www.luton.gov.uk
The Court House
Woburn Street & :
Ampthill ES
Bedfordshire
MK452HX

9 December 2016

CMD/AC/

Dear Sir/Madam
SECTION 28 REPORT FOLLOWING DEATH OF BRANDON AUBREY ARNOLD

With reference to your letter dated 17 October 2016 regarding the above. Chief
Executive, Trevor Holden has asked me to respond.

Illegal motorcycling on paths is an issue throughout Luton and indeed many other
areas in the country. Luton Borough Council works closely with Bedfordshire
Police on their Operation Meteor which targets this issue.

My officers have conducted a feasibility study into whether there are any physical
measures that can be carried out to exclude motorcycles from the area in question
or reduce the risk of motorcycles being used illegally injuring legitimate users of the
paths. | enclose a copy of the report.

It has been determined that although it is not possible to exclude motorcycles, it is
practicable to reduce the speed along the foot/cycle path that the collision took
place. It is therefore, our intention to introduce barriers as shown in Appendix D. A
consultation with relevant stakeholders will be carried out in December with a view
to implementing (subject to their comments) in February/March.

i hope this solution meets with your approval and if you have any queries please
do not hesitate to contact me.

Yours sincerely
Vidhy

te kat
Service Director Public Realm

Luton

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