Prevention of Future Deaths reports · 2017
Regulation 28 report to prevent future deaths, reference 2017-0493, written 28 Sep 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 Sep 2017 |
|---|---|
| Reference | 2017-0493 |
| Deceased | Katherine Vanloo |
| Coroner | John Buckley |
| Coroner area | Warwickshire |
| 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 (1) REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: , Programmes Delivery Engineer for Warwickshire County Council. 1 CORONER I am John Joseph Buckley, Assistant Coroner for the Coroner Area of Warwickshire. 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 5th January 2016 I commenced an investigation into the death of Katherine Tracey Vanloo, then aged 52 years. The investigation concluded at the end of the inquest on 28th September 2017. The conclusion of the inquest was a narrative conclusion. The medical cause of death was 1a lung lacerations, splenic lacerations, fractured skull and left forearm b road traffic collision The pothole on Napton Holt Road in Warwickshire into which Mrs Vanloo fell when riding her bicycle was first indentified on 23rd March 2015 as a category 2 defect by a Safety Inspector employed by Balfour Beatty Living Places. Under the terms of the Warwickshire County Council Highways Maintenance Safety Inspections Manual to which Balfour Beatty Living Places was working there was a target of 28 days within which such category 2 defects should be repaired. The works order to carry out the repair was raised by Warwickshire County Council three months later on 5th June 2015 and received by Balfour Beatty Living Places on 10th June 2015. The pothole was first identified on 23rd March 2015 and an employee of CR MacDonald Limited, to whom Balfour Beatty had subcontracted the road repair work, was sent out for the first time on 2nd November 2015 to repair the pothole, albeit that the wrong pothole was in fact repaired. The pothole was never repaired before the death of Mrs Vanloo on 3rd January 2016. 1 4 CIRCUMSTANCES OF THE DEATH Katherine Tracey Vanloo died on 3rd January 2016 near to the entrance to Headlands farm on Napton Holt Road Warwickshire from catastrophic injuries she sustained in a collision with a Toyota Yaris car. Mrs Vanloo was cycling with a friend at the time and was thrown from her bicycle into the path of the car when her bicycle hit an unrepaired pothole in the road. She was pronounced dead at the scene at 1101am. 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 could 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) The pothole was first identified on 23rd March 2015 as a category 2 defect with a target of 28 days within which such defects should be repaired. (2) The works order to carry out the repair was only raised by Warwickshire County Council 3 months later on 5th June 2015. This was sent to Balfour Beatty Living Places who had entered into a contract with Warwickshire County Council to repair road surfaces in Warwickshire. They in turn subcontracted the road repair work, which included pothole repair work, to CR MacDonald. The works order was received by CR MacDonald on 19th June 2015. (3) The work to repair the pothole was not undertaken by an employee of CR MacDonald until 2nd November 2015, albeit that the wrong pothole was repaired on that day. (4) There was a delay of over 7 months between the identification of the pothole and the time it was supposedly repaired on 2nd November 2015. (5) At the time of the incident Warwickshire County Council did not have a system in place to track with Balfour Beatty Living Places or CR MacDonald the progress of works orders, i.e. when outstanding works had been completed, nor any formal programme of auditing to check if the work has been done and to check the quality of the work. 6 ACTION SHOULD BE TAKEN In my opinion urgent action should be taken to prevent future deaths and I believe you and your organisation have the power to take such action. The action should include an explanation of the steps you have taken to speed up the time it takes to repair potholes once they have been identified and what steps you have taken to track the progress of work orders that have been sent to Balfour Beatty Living places for 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 23rd November 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. 2 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner, to Mrs Vanloo’s parents and sister, Balfour Beatty Living Places and CR MacDonald. I am 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 DATE of REPORT 28th September 2017 John Joseph Buckley, Assistant Coroner 3
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.
Warwickshir 3 County Counc/jl 22™ December 2017 Communities Group Monica Fogarty, Joint Managing Director Mr John Buckley PO Box 9, Shire Hall Assistant Coroner Leas ° monicafogarty@warwickshire.gov.uk Newbold Terrace www.warwickshire.gov.uk Leamington Spa Warwickshire CV32 4EL coronerofficer@ warwickshire.pnn.police.uk Dear Mr Buckley, REPORT TO PREVENT FUTURE DEATHS: KATHERINE VANLOO INQUEST | am writing in response to the report which you issued on 2 November 2017 to explain what action the County Council has taken and proposes to take in order to speed up the time it takes to repair potholes once they have been identified and to track the progress of works orders that have been sent to Balfour Beatty Living Places (“BBLP”). | am the Joint Managing Director of the County Council and my responsibilities include the highways functions of the County Council. | confirm that the County Council has no objection to this letter being published in full by the Chief Coroner and being disclosed in full to the Interested Persons at the Inquest. Our actions relate, firstly, to the period between a pothole being identified by a Safety Inspector and a works order being issued to BBLP and, secondly, to the period after a works order has been issued. We have not changed the target times for repairing potholes (and no criticism was made of them during the inquest) but have aimed our actions at ensuring that works orders are issued promptly and that any slippage by Balfour Beatty is quickly detected and pursued. Ensuring Prompt Issue of a Works Order The Highways Safety Inspectors now use one of six handheld devices to create details of potholes that they find (co-ordinates, photographs, categorisation, etc.) and upload them directly into the County Council's database in the EXOR computer system. The database is known as the “defects pool”. The defects pool contains records of all kinds of defects and so we have introduced measures to enable safety defects found by Inspectors to be readily distinguished from other defects that do not present an immediate safety concern. This is done by assigning a letter to each of the handheld devices (A, B, C, D, E or F) which prefixes the reference number of any safety defect when it is uploaded to EXOR (e.g. B9678). BBLP have agreed that the Inspectors should upload from their handheld devices at the end of every inspection day. This reduces any delays in defects entering the pool and ensures that safety defects do not accumulate into clusters that become a backlog. A senior Inspector at BBLP is also taking responsibility for checking with our Highways teams at the end of every day that each Inspector has successfully uploaded their data for that day. We have introduced a target to issue a works ordér within no more than five days from a safety defect being uploaded to EXOR. The letter prefix means that safety defects in the defects pool can be easily collected and organised for review within the database. Our Delivery Teams in Highways are now required to review the defects pool on a daily basis and the review includes the following objectives: (i) fo check whether there is any reason why a Category 2 defect cannot be repaired within 28 days and, if there is such a reason, to arrange for an emergency temporary repair; (ii) to identify any safety defects that were uploaded more than five days ago and prioritise them for an immediate works order. The introduction of a letter:prefix also-means that it is quicker to find and attach the correct photograph to the job pack that is issued to BBLP with the works order and the risk of error is reduced. Action has also been taken to speed up the preparation of job packs by agreeing with BBLP that it will deliver all traffic management forms to one central Highways office on Mondays, Wednesdays and Fridays. The traffic management forms set out any arrangements for managing traffic that will be necessary whilst defects .are being repaired and they are an essential part of each job pack. Although this was not mentioned at the inquest, discussions with BBLP about improving processes identified that traffic management forms were being delivered to either the northern sector office or the southern sector office where they were scanned and put into either a northern sector or a southern sector file. This caused delays if forms were delivered to the wrong office or a length of road straddled the boundaries between the sectors. The responsible team at the central office now scan the forms inio a single countywide computer file which can be accessed by both the northern and southern offices. Although it is not mentioned in the Regulation 28 Report, whilst giving your narrative verdict you expressed the hope that Inspectors would in future record the depth of potholes at the time of inspection. An instruction to do so has been issued to BBLP to be implemented from the start of January 2018. When a works order is raised and a jobs pack is sent to BBLP by the County Council, it is entered into BBLP’s Confirm computer system. It is the intention of the County Council and BBLP to develop their systems further so that safety defects in the defects poo! can be automatically transferred to Confirm. However, | am afraid that we are unable to put a timescale on achieving that. Monitoring Works Orders : The County Couneil did have a system for checking the paperwork returned by BBLP after it had carried out works orders and also a system for carrying out quality audits on a proportion of randomly selected completed repairs. (see paragraphs 61-62 of the Statement ea However, the inquest heard evidénce that the system was overwhelmed when the number of repairs being carried out quadrupled following the introduction of the Find and Fix programme and records of repairs completed were being returned by BBLP intermittently in massive batches. The inquest_also heard evidence from | our Programmes and Delivery Manager, and = the Head of Operational Improvement for BBLP, that the Find and Fix programme has now been discontinued and about the introduction of the Confirm system in the first half of 2017 (see in particular paragraphs 27-28 of EY statement of 30 June). The leader of a team sent by BBLP or its sub-contractor to carry out works orders is now issued with a GPS linked handheld device which carries all the information in the job pack, including GPS co-ordinates. When the repair has been completed, and photographed, records of that can be uploaded directly into the Confirm system from the Site (if there is no 3G coverage at the site the data is uploaded when 3G connectivity is available). No system can wholly eliminate the potential for human error or deception but this system very substantially eliminates the possibility of the correct location not being found by the repair team and of any miscommunication about what work has been carried out and where. igways team have direct access to Confirm as well as BBLP (at the moment only me: Highways has access but access will be provided to all the relevant team eaders in January 2018). Confirm displays a “dashboard” which automatically displays details of any works orders which have gone “red”, meaning that they have not been carried out within 23 days of the date of the works order. Allowing up to five days for the works order to be issued after inspection, this effectively sounds an alert that the 28 day target is at risk of being missed. These works orders are then prioritised for urgent completion. At present, the County Council are working co-operatively with BBLP to target overdue works orders and will keep under review whether joint monitoring and action on a collaborative basis is proving sufficient to ensure that repairs are being effected on time or, in a small number of cases very shortly thereafter. However, inspection of the Confirm dashboard on 19 December 2017 showed that only 14 safety defects were at or beyond the 28 day target across the whole county. Conclusion | hope that this letter, which mainly describes actions that have already been taken, provides reassurance, most especially to the family of Ms Vanloo, of how seriously the County Council takes the safety of people on our roads and that the processes which we and BBLP operate have been significantly improved in practical and effective ways for the future. If you would like further detail or information, please do let me know and | will do what | can to help. Yours sincerely Joint Managing Director
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