Prevention of Future Deaths reports · 2017
Regulation 28 report to prevent future deaths, reference 2017-0040, written 28 Feb 2017. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 28 Feb 2017 |
|---|---|
| Reference | 2017-0040 |
| Deceased | Paul Briggs |
| Coroner | Andre Rebello |
| Coroner area | Liverpool and Wirral |
| Category | Road (Highways Safety) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS
NOTE: This form is to be used after an inquest.
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:
Merseyside Passenger Transport Authority
Merseytravel,
PO Box 1976,
Liverpool,
L69 3HN
1
CORONER
I am André Joseph Anthony Rebello, Senior Coroner, for the area of Liverpool & Wirral
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 23rd January 2017 I commenced an investigation into the death of Paul Michael
BRIGGS, Aged 43. The investigation concluded at the end of the inquest on 28th
February 2017.
The medical cause of death was:
Ia Minimal Conscious State
Ib Traumatic Head Injury
The conclusion of the inquest was: Road traffic collision
4
CIRCUMSTANCES OF THE DEATH
On the evening of 03/07/2015 Paul Briggs was riding his own motor cycle on his way to
work at Merseyside's Roads Policing Headquarters in Liverpool. As he rode up the
Borough Road access road to the Birkenhead Tunnels, an oncoming vehicle, a Nisan
Micra, veered onto his side of the road, across solid white lines and a collision occurred.
Paul suffered multiple fractures and also a very traumatic brain injury which left him in a
minimally conscious state. He was treated in the Walton centre until a Court of
Protection order was made in December 2016 approving a palliative care plan. On the
11/01/17 artificial nutrition and hydration was withdrawn. Paul was pronounced having
died at 09.15Hrs Saturday 21st January 2017.
1
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. –
Though there is appropriate signage, a two way sign as the carriageways merge and
though there are double white lines dividing the tunnel bound carriageway from the
Liverpool bound carriageway; this incident occurred resulting in a tragic death. It is
unclear as to why the Nissan Micra strayed onto the wrong side of the road but had the
double white lines also included rumble strips – (as in the tunnel itself and similar to the
lines next to motorway hard shoulders)- this would minimise the risk of inadvertently
straying into the oncoming lane especially at quiet times when the side barriers and the
bend inhibit visibility of oncoming traffic.
It is now some 20 months after this tragic incident which proved fatal and risk
assessments as to the risk of this eventuality, with appropriate remedial action should be
nearing completion.
6
ACTION SHOULD BE TAKEN
In my opinion action should be taken to prevent future deaths and I believe you
[AND/OR your organisation] 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 28th April 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.
COPIES and PUBLICATION
I have sent a copy of my report to the Chief Coroner and to the following Interested
Persons the family of Mr Briggs, the driver of the Nissan Micra, Merseyside Police.
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.
8
9
André Rebello
Senior Coroner for the
City of Liverpool & Wirral
Dated: 28th February 2017
2
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.
2/5/26, 2:39 PM RE: Preventing Future Deaths Subject: RE: Preventing Future Deaths This was a case that was on an old database so we do not have the actual response but the authority replied “Please accept our apologies for not responding to Mr Rebello’s Order of 28th February 2017. We were unaware of the Order or any recommendations within it. However, having liaised with Asset Management) this afternoon, I can confirm that we are able to comply with Mr Rebello’s recommendations for rumble strips to be included within the white lines in the area concerned. In respect of a timetable for action, we propose to engage a suitable contractor by the end of next week, being 5 th May 2017. We will then endeavour to have the works completed at the earliest opportunity taking into account the availability of the contractor/closure of the Tunnel approach roads and seeking permissions from Wirral Borough Council. If this is acceptable to Mr Rebello, once we have instructed a suitable contractor, we will advise further with a start and completion date for the works.” (Head of André Rebello OBE Senior Coroner Liverpool and Wirral Area Hon Secretary Coroners’ Society of England & Wales HM Coroner’s Court Gerard Majella Courthouse Boundary Street Liverpool L5 2QD https://email.bt.com/mail/index-rui.jsp?v=MX_3.11.0.7#/mail 1/3
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