Prevention of Future Deaths reports · 2019

Clive Jones

Regulation 28 report to prevent future deaths, reference 2019-0217, written 30 Apr 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report30 Apr 2019
Reference2019-0217
DeceasedClive Jones
CoronerIan Arrow
Coroner areaPlymouth, Torbay and South Devon
CategoryOther 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.

IAN MICHAEL ARROW
Senior Coroner for Plymouth, Torbay and South Devon

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REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO: Secretary of State for Transport, Chris Grayling, Great
Minster House, 33 Horseferry Road, London, SW1P 4DR

1 CORONER - lan Michael Arrow, Senior Coroner, Plymouth, Torbay and South Devon

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.

http://www. legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7

http://www. legislation.gov.uk/uksi/2013/1629/part/7/made

3 INVESTIGATION and INQUEST
Following an Investigation an Inquest opened on 4 October 2017.

The findings of the Inquest Hearing on 30 April 2019 at Plymouth Coroner's Court the following
was determined:-

The deceased was Clive Anthony Jones.

Medical Cause of Death was:-
1(a)} Drowning

1(b)

i(c)

ll Hypertensive Heart Disease

The Conclusion of the Jury was the death was as the result of an Accident.

4 CIRCUMSTANCES OF THE DEATH

On 26 September 2017 the deceased was on his own boat when the crew attempted to haul in
an excessive weight within the net that had trawled. The net drum failed and accordingly an ad
hoc arrangement was used which consisted of lifting the net through a higher block on to the
transom but due to the weight it caused the vessel to list heavily to port. The vessel was
unstable and capsized. The deceased was trapped in the wheelhouse where he drowned. His
body was later recovered by Navy divers.

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. —

(1) At the Inquest MAIB Inspector Mr Flegg gave evidence of various procedures and policies.
Most important amongst these were the recommendations made by MAIB which were as set
out in Section 5 of his report (and are annexed) that there be an independent review of the
UK Search and Rescue operational capability and Her Majesty's Network Coastguard

functionality.
(2) To conduct a thorough review of Search and Rescue information technology systems to
ensure a reliable network,

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you as Secretary of
State have the power to ensure the recommendations are followed. | would ask you please to
report to me firstly that the recommendations have been actioned and subsequently ask that you
or your successor report to me once the reviews have been concluded and if a report is
produced provide me please with a copy and the relevant review report.

| shall be sharing both of these documents with the Chief Coroner.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report, namely by
26 June 2019. |, 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, HB vias Inspector) and the Next of
Kin|

lam 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 April 2019

Signature
IM Arrow, Senior Coroner

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 Department for Transport (PDF)
RECEIV ED From the Secretary of State

aS

The Rt. Hon. Chris Grayling
ee 1 8 JUN 2019 Great Minster House
or lranspoor 33 Horseferry Road
P HM GORONER SOTO ADR

lan W Arrow Tel: 0300 330 3000
Senior Coroner E-Mail:
Plymouth, Torbay & South Devon Area Web site: www.gov.uk/dtt
1 Derriford Park, Derriford Business Park
Plymouth
PL6 5QZ

Is TH
> NK Peo

Thank you for your letter of 1 May, in which you enclosed a Regulation 28
Report, following an inquest into the death of Clive Anthony Jones, which
includes two concerns that relate to Her Majesty’s Coastguard, part of the
Maritime and Coastguard Agency (MCA).

In relation to the first of your concerns about commissioning an independent
review of the UK search and rescue (SAR) operational capability and
functionality, | understand that an independent review will be completed by
Jersey Coastguard and Guernsey Coastguard between 24 and 26 June. The
Terms of Reference have been agreed and the review will include looking at
the SAR operational capability, including the implementation of actions
identified by both the Maritime Accident Investigation Board (MAIB) and the
Irish Coastguard, following the sinking of the SOLSTICE.

The outcomes from this review will be captured in a completion meeting,
which is on target to take place within the MAIB recommendation timeframe.
| have asked the MCA to write to you once that process is complete.

The second concern recommendation, relating to conducting a thorough
review of SAR information technology systems, has been completed, and the
MCA confirmed this in a letter sent to the MAIB on 31 May. | am aware that a
full review was conducted, and the improvements identified in the network have
resulted in greater reliability and resilience throughout the UK. | trust this
addresses the concerns raised in your letter.

Cot Sai wot

Rt Hon Chris Grayling MP
SECRETARY OF STATE FOR TRANSPORT

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