Prevention of Future Deaths reports · 2016

Exauce Paoulen

Regulation 28 report to prevent future deaths, reference 2016-0452, written 16 Dec 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report16 Dec 2016
Reference2016-0452
DeceasedExauce Paoulen
CoronerEmma Brown
Coroner areaBirmingham and Solihull
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO: Highways Department, Birmingham City Council
1 CORONER
I am Emma Brown Area Coroner for Birmingham and Solihull
2 CORONER’S LEGAL POWERS
I 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 08/07/2016 I commenced an investigation into the death of Exauce Mbiyi Paoulen. The investigation
concluded at the end of an inquest on 13th December 2016. The conclusion of the inquest was Road
traffic collision.
4 CIRCUMSTANCES OF THE DEATH
Exauce passed away at 15:59 on the 29th June 2016 at the Birmingham Children’s Hospital as a result of
injuries he sustained when he was involved in a road traffic collision on Grove Lane, Handsworth on the
24th June 2016. Exauce ran out from next to parked cars on the west side of Grove Lane passing behind a
car travelling north in the nearside lane and was struck by a vehicle proceeding in the southbound lane
that was travelling at something in the region of 32mph..
Based on information from the Deceased’s treating clinicians the medical cause of death was determined
to be:
1(a) NEUROLOGICAL FAILURE
1 (b) TRAUMATIC BRAIN INJURY (OPERATED) AND HYPOXIC BRAIN INJURY (OUT OF HOSPITAL CARDIC
ARREST)
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. –
In the area of Grove Lane bordering Handsworth Park children and adults often cross the road to access
the park gates. The road has a speed limit of 30mph and there is not a pedestrian crossing near the park
gates. Opposite Handsworth Park there is a parking bay on the west side of Grove Lane that is frequently
parked up and obscures the view for drivers proceeding along Grove Lane of pedestrians, particularly
children, approaching the edge of the road. There have been several other serious accidents involving
pedestrians crossing the road in the vicinity in the past 2 years. This evidence suggests that the speed
along this section of road in conjunction with the parking bay creates a risk to pedestrians crossing the
road.
6 ACTION SHOULD BE TAKEN
In my opinion action should be taken to prevent future deaths and I believe you have the power to take
such action.
7 YOUR RESPONSE
You are under a duty to respond to this report within 56 days of the date of this report, namely by 10th
February 2017. 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.
8 COPIES and PUBLICATION
I have sent a copy of my report to the Chief Coroner and to the following Interested Persons:
Exauce’s parents, West Midlands Police and to the local safeguarding board.
I 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.
9 16/12/2016
Emma Brown
Area Coroner
Birmingham & Solihull Districts

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 Birmingham City Council (PDF)
EXCELLENCE
+ 5 15]

CUSTOMER
SERVICE

Birmingham
4 | City Counell

10 January 2017

Emma Brown

Area Coroner, Birmingham & Solihull Districts
Coroner's Court

50 Newton Street

Birmingham

B4 6NE

Dear Ms Brown

Exauce Mbiyi Paoulen (deceased)

Grove Lane - Handsworth

Thank you for your letter and report dated 16 December 2016 regarding the above.

My service has worked closely with your office and the West Midlands Police over many
years to follow the outcome of inquests and carry out improvements to the highway in
order to reduce the potential for the reoccurrence of serious road collisions.

The Council works towards reducing road traffic collision casualties across the City by
means of education, enforcement and engineering through a programme of highway
improvement works. Our Local Safety Scheme Programme team monitors all
reported road traffic collisions that lead to death or serious injury. The locations with
the most significant history of incidents are selected for detailed assessment and the
development of proposals aimed at reducing the likelihood of further incidents.
These proposals are prioritised and form the basis of our Local Safety Scheme
Capital Programme.

Prior to receiving your report Grove Lane had been identified for assessment through
this monitoring system and initial investigations are being undertaken to develop a local
safety scheme at this location. The scope of these investigations will incorporate the
suggestions contained in your report. A scheme proposal will be developed in
consultation with the local residents, Ward Councillors and West Midlands Police.
Following consultation, formal approval will be sought to secure funding to implement
the scheme in line with the City’s Governance procedures. It is my intention to
implement a scheme in the financial year 2017/18 but would hope that if consultation
goes well this could be as early as June /July 2017.

To summarise, and to meet the requirements of our formal response to your report:

e Birmingham City Council will take action to develop and consult on road safety
improvements along Grove Lane.

Economy Directorate — Highways and Infrastructure

P.O. Box 37 Telephone: PF
1 Lancaster Circus Queensway
Birmingham e-mail:

B4 7DQ Internet: http:/Awww. birmingham.gov.uk/highways

e The implementation of the scheme will be programmed for 2017/18 with an
aspiration that the works will be complete by the end of July 2017.

| hope this is helpful.

Yours-sincerely
)

Assistant Director — Highways & Infrastructure

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