Prevention of Future Deaths reports · 2017

David Holman

Regulation 28 report to prevent future deaths, reference 2017-0018, written 30 Jan 2017. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report30 Jan 2017
Reference2017-0018
DeceasedDavid Holman
CoronerJanet Napier
Coroner areaCheshire
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 (1)

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT !S BEING SENT TO:

4. Cheshire East Council, Highways Department

1 CORONER

lam Janet Elizabeth Napier, assistant coroner, for the coroner area of Cheshire

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 and INQUEST

On 21 July 2016 an investigation was commenced into the death of David Holman
aged 38. The investigation concluded at the end of the inquest on 9 January 2017. The
conclusion of the inquest was that David Holman died due to a road traffic collision.

4 | CIRCUMSTANCES OF THE DEATH

The deceased died instantly on 13 July 2016 when he rode his pedal cycle off the
pavement bordering the ‘oad at Plumiey, into the path of a HGV vehicle travelling
in the opposite direction. was the collision investigator who gave
evidence.

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.

It appears that there is no cycle lane there and the road gets very busy, so the footpath
was being ridden along.

There is a road sign situated just after the area at which the descent into the road is
thought to have taken place. One support of this goes into the footpath causing an
obstruction.

There is also a dip in the kerb edge there. No one seemed to know why it was situated
there as there is no field entrance or other opening opposite it.

it was thought possible that either one or the other or both of these things could have
had some effect in the causation of him leaving the footpath.

We should appreciate your consideration of these facts to see if any changes need to be
made to less the chance of a similar occurrence happening.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you and 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 26 March 2017. |, 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 namely the family of the deceased.

| 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.

Dated: 30 January 2017 Signed: —

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 Cheshire East Council (PDF)
>)
2017 —
13 MAR .
Cheshire East)!
CouncilY
Dr. J E Napier

Assistant Coroner Westfields
Office Of Her Majesty's Coroner Middlewich Road
County Of Cheshire SANDBACH
West Annexe Cheshire
Town Hall, Sankey Street CW11 1HZ
Warrington Tel: 01270 686643
Cheshire WA1 10H www.cheshireeast.gov.uk

Date: 7" March 2017 OUR REF: J = YOUR REF:

Dear Dr.Napier
Re: David Holman (Deceased) - Regulation 28 report.

Thank you for your letter dated the 30" January 2017 which relates to David Holman
(Deceased). | am responding to you on behalf of our Chief Executive, Mike Suarez, who
is aware of your letter.

| refer to the individual Matters of Concern that are contained within the letter.

Regarding the road sign that has a support post situated in the footway; Works
are programmed to remove the sign assembly and to relocate it away from the
footway.

Another area of concern was the dip in the kerb edge/height; Works are
programmed to re-kerb this length, this will provide a higher consistent kerb
height at this location.

The above works are programmed to be undertaken using a lane closure on this very
busy road to ensure that safe working practices are observed. With the obligatory
permitting of works and the application for road space process it is envisaged that the
works will commence in early Spring 2017.

It has also been scheduled for the Road Safety Team to make a complete Safety
Assessment of this stretch of carriageway with regards to the provision of a cycleway.

| trust the above addresses your matters of concern.

rsjsincerely

All other enquiries 0300 123 5500 www.cheshireeast.gov.uk

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