Prevention of Future Deaths reports · 2018
Regulation 28 report to prevent future deaths, reference 2018-0257, written 29 Aug 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 29 Aug 2018 |
|---|---|
| Reference | 2018-0257 |
| Deceased | David Worthington |
| Coroner | Christopher Dorries |
| Coroner area | South Yorkshire (West) |
| Category | Other related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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 REGULATION 28 REPORT TO PREVENT FUTURE DEATHS This report is being sent to: BE 0p erations Director, Human Race Limited, Unit 6, Typhoon Business Centre, Oakcroft Road, Chessington, KT9 1RH CORONER Christopher P Dorries OBE, HM Senior Coroner for South Yorkshire (West) CORONER’S LEGAL POWERS 2 | | 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. INVESTIGATION In May 2017 | commenced an investigation into the death of Mr David Worthington. The investigation concluded following an inquest in July/August 2018 where the narrative conclusion set out that: Mr Worthington suffered fatal injuries whilst taking part in a Cycling Sportif event on the 30th April 2017. He had travelled down the lengthy descent of Finkle Street Lane at Wortley and, like other riders, was most probably travelling at about 30-35 mph. As he rounded a limited visibility bend he was confronted by a 12 metre coach turning right out of Plank Gate. The visibility was limited for both cyclist and coach driver. Mr Worthington braked hard and attempted to miss the vehicle but was unable to do so. CIRCUMSTANCES OF THE DEATH See narrative conclusion above and the detailed findings of the inquest previously supplied. A copy of my decision document is attached for those who have not previously had sight of it. CORONER’S CONCERN During the course of the investigation my inquiries revealed matters giving rise to a 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 -- a) The risk assessment prior to the event had not identified the particular location as arisk. In many ways this is understandable, Plank Gate is a minor junction. b) However, more detailed consideration might be thought to show a different picture. There were 2900 cyclists progressing swiftly down a lengthy descent into a blind bend. The organisers efforts in putting a ‘slow’ sign part way down the descent were, on the evidence of witnesses, largely ignored. c) Plank Gate is the entrance to a moderately busy riding school and hacking centre. Sunday morning is a common time for such activities. d) Whilst the risk of a vehicle leaving Plank Gate across the path of fast-moving cyclists might reasonably have been considered low, the other element of a risk assessment is the likelihood of injury if such an event did occur. The risk of harm, as identified by this collision was extremely high. e) Itis accepted that the route of this prestigious and worthwhile event changes regularly so that Finkle Street lane is unlikely to be used again. Nonetheless, in my respectful submission there is room for a review of the risk assessment methods used for future events. As this incident shows, unlikely events can and do occur and where the risk of harm is high proper consideration is essential. ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and | believe you, the named 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 24" October 2018. | may extend this period upon request. 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 family of Mr Worthington and their solicitors. Copies have also been sent to the Barnsley MBC and the legal representatives of Skill Coaches Ltd | 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 theyrelease or the publication of your response by the Chief Coroner. ‘ a> wo
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.
Office 020 8391 3913 cE HUMANRACE 020 8399 3579 — races@humanrace.co.uk = z a “RAGe~ www-.-humanrace.co.uk Unit 6 - The Typhoon Business Centre - Oakcroft Road - Chessington - KT9 IRH Christopher P Dorries — CH Office of H.M. Coroner 1 RI The Medico-Legal Centre Watery Street | Sheffield S3 7ES 19° October 2018 Dear Sir, Re: Mr. David Worthington (deceased) Regulation 28 Response Thank you for your feedback and the advice set out within your Regulation 28: ‘Report to Prevent Future Deaths’, dated the 29" August 2018. As you heard during the inquest into the tragic death of Mr. Worthington (‘the Inquest’), Sportive events require extensive planning. A primary focus for Human Race during the planning of all our events is always the health and safety of the participants, volunteers, staff and the general public. As you made clear from your personal experience, you are aware that Finkle Street Lane is; a carriageway with traffic travelling in either direction, the subject of a speed limit of 60 mph and has a good tarmacadam surface. Plank Gate is an un-adopted carriageway just off Finkle Street Lane, which leads to an equestrian centre. There were no signs or street furniture put in place by the Highways Authority to advise users of Finkle Street Lane that there was a junction to an un-adopted carriageway around the bend, or to suggest to road users that it was in any unsuitable for cyclists to pass along it. Prior to the event, as you heard, a formal risk assessment was performed of the route in general and of the junctions which the Sportive would pass through (at which riders would be required to make a decision by performing a manoeuvre). In addition, prior to the event (the day before and on the morning of the event) the route was both driven and ridden by the route management team, along with a motorcycle marshal, meaning that further dynamic risk assessments were performed across the route by a number of individuals, likely with different subjective views of risk. As part of our approach to the management of the Sportive in question, we employed motorcycle marshals (‘MOTOs’) from a supplier that works across all of our events. The MOTOs are often, but not exclusively, ex members of the police service. As part of the verbal and written briefing which they receive prior to an event, they are all instructed to raise any issues which they identify either before or during an event with event control (all are in radio and telephone contact with the event control room). On the day of the event in question there were 16 MOTOs on duty. The route which the event was to take was presented and formulated at Safety Advisory Group meetings with the Local Authority and the Police in attendance. During those meetings, no concerns were raised about the junction between Finkle Street Lane and Plank Gate. Prior to the event, the Event Director drove the route with colleagues in the Route Team and decided to put in position a further ‘slow’ sign part way down Finkle Street Lane to help remind road users (including motorists) to slow as they travelled down the long downhill section of the road. On the day of the event, prior to the start, one of the MOTOs employed drove the route and did not make any suggested alterations to the route. As we have already said, there were a total of 16 MOTOs on duty during the event, who all performed dynamic risk assessments as they travelled around it throughout the event. You will recall the evidence of the MOTO who gave evidence during the Inquest, that he would not have raised issue with the junction between the Finkle Street Lane and Plank Gate, even with the benefit of hindsight. As the event moves each year, the probability that we would be hosting an event which travels along Finkle Street Lane again, is low. However, should that ever happen, given Mr. Worthington’s tragic death, we would now be on notice of the particular issues concerning the junction between Finkle Street Lane and Plank Gate (as identified by the Police Officer who gave evidence at the Inquest), which had not previously been raised with us by the relevant Local Authority, the Highways Agency or the Police. To that end, we would pay particular attention to the entrance to Plank Gate at Safety Advisory Group meetings and any potential control measures which could be put in place to mitigate against the risk which you have identified would be given further consideration. In your regulation 28 report, you respectfully submit that “there is room for a review of the risk assessment methods used for future events”. As with any responsible business, we have attempted to learn from this tragic accident. The very happening of it has re-enforced the need for us to consider all potential eventualities when planning/risk assessing a route with the various stakeholders involved, however, it remains impossible to conceive or plan for all potential eventualities outwith those which are reasonably foreseeable, specifically in circumstances where the Highways Agency responsible for the road in question has not raised issue with a particular area, asked for the section of road to be closed, or installed any signs or street furniture, which might trigger a concern in the minds of those planning the route. To that end, we respectfully maintain that it was not reasonably foreseeable, when planning and risk assessing the route for the event, that a coach would be performing a three-point turn into Plank Gate having travelled down a road which was clearly marked with ‘low bridge’ signs. In support of that contention, you will recall that it was confirmed during the 2 witness evidence which was read out at the Inquest that it was very rare for a coach to proceed down Finkle Street Lane. Whilst we respectfully maintain that the events which tragically unfolded were not reasonably foreseeable, either prior to or during the event, we of course undertake to do our absolute best to ensure that, as far as reasonably practicable, we consider all potential eventualities when assessing routes and planning future events. As a company we analyse our events during their planning phase, during their delivery, and after the event to evaluate what, if anything, can be improved upon and learnt for future events. To that end, Human Race will of course take on board your comments when planning and risk assessing future events. Yours sincerely, Nick Rusling & | CEO Operations Director Human Race Limited Human Race Limited
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