Prevention of Future Deaths reports · 2019
Regulation 28 report to prevent future deaths, reference 2019-0370, written 1 Nov 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 1 Nov 2019 |
|---|---|
| Reference | 2019-0370 |
| Deceased | Hajra Sidat |
| Coroner | Jean Harkin |
| Coroner area | Cheshire |
| Category | Road (Highways Safety) related deaths · Child Death (from 2015) |
| Source | judiciary.uk record · original PDF |
| Responses published | 4 |
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: 1. Cheshire East Highways Department 2. Chief Executive, Cheshire East Council 1 CORONER I am Mrs Jean Harkin assistant coroner, for the coroner area of Cheshire. 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 6 November 2018 I commenced an investigation into the deaths of Liyakat Ali SIDAT, aged 47 years, Salma Bibi SIDAT, aged 41 years and Hajra Bibi SIDAT, aged 14 years. The investigation concluded at the end of the inquest on 23 October 2019. The conclusion of the inquest was Road Traffic Collision in all three deaths. Multiple injuries represented the main feature in all medical causes of death. 4 CIRCUMSTANCES OF THE DEATH Mr Liyakat Ali Sidat was driving his vehicle, a Toyota Yaris, on the A34 Melrose Way towards Wilmslow, also known locally as the Alderley Edge Bypass on the 4 November 2018. Mr Sidat overtook 2 vehicles on a bend and collided with an oncoming vehicle. Mr Sidat, his wife and his daughter sustained fatal injury. 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) The A34 bypass (Melrose Way Bend) presents a danger to life. (2) The Melrose Way section has no continuous white line at the bend section preventing overtaking. It is dangerous to overtake on that stretch of road witness evidence referred to how dark it was and lives are at risk if overtaking is allowed to continue there. 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 26 December 2019. I, the coroner, may extend the period. 1 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. 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner and to the following Interested Persons: 1. The Sidat family 2. Local Safeguarding Board where the deceased was under 18. 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. 9 1 November 2019 Jean Harkin, Assistant Coroner 2
4 responses 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.
Jean Harkin Town Hall Sankey Way Warrington Cheshire WA11UH Working for a together Westfields c/o Municipal Buildings Earle Street Crewe CW1 2BJ www.cheshireeast.gov.uk DATE: 25 February 2020 Your reference:JH/JM//15976/15977/15978/MACC OUR REF: CEX 7314389 Dear Ms Harkin RE: LiyakatAli SIDAT, Salma Bibi SIDAT, Hajra Sidi SIDAT (Deceased). In response to your letter dated 16th January 2020 we can advise that the meeting of 15th November 2019 has taken place and reviewed the Road Safety Assessment report for the A34 Melrose Way prepared by the Council's Senior Road Safety Engineer. The report recommended that the existing hazard centreline marking is replaced with a hatched hazard centreline. This will give a visual carriageway narrowing effect and put greater distance between the traffic travelling in both directions and may help heighten driver awareness when considering overtaking manoeuvres. This recommendation has been accepted by the Council and the works are programmed to be carried out in March. The Council's has prepared a response to the Coroners Report addressing Section 5 items 1 and 2 but has not prepared a response to item 3 as we understand that the Coroners Report is currently being corrected to remove this factual inaccuracy. Once the updated Coroners report is issued the council will review Section 5 -Coroners Concerns to ensure all items are addressed in its formal response. We trust this response is helpful to you Yours faithfully The Cheshire East Highways Team All other enquiries 0300 123 5500 www.cheshireeast.gov.uk
Acting Officer Manager For H.M. Coroner for Cheshire Westfields c/o Municipal Buildings Earle Street Crewe CW1 2BJ www.cheshireeast.gov.uk Date: 28th October 2021 Dear Mrs Rhodes RE: Prevention of Future Deaths report, A34 Melrose Way Thank you for your emails dated 3rd March 2021 and 20th May 2021 and please accept our sincere apologies for the delay in providing you with a response. Further to your email of 16th October 2020 advising that the Regulation 28 report to prevent future deaths relating to Liyakat Ali Sidat, Salma Bibi Sidat, Hajra Bidi Sidat (Deceased) has been updated we can confirm we have taken the following actions in response to section 5 of the report: Item 1 The A34 Bypass (Melrose Way Bend) presents a danger to life As advised on 25th February 2020 a road safety assessment report for A34 Melrose Way was prepared by the Council’s Senior Road Safety Engineer. A number of options were considered in consultation with Cheshire Constabulary. The report recommended that the existing centre line marking is replaced with a hatched hazard centreline and red surfacing. The recommendation was accepted by the Council and works were scheduled and completed in March 2020. Item 2 The Melrose Way Section has no continuous white line at the bend section preventing overtaking There are strict regulations set by the Department for Transport for the use of solid double white lines. Melrose Way was assessed but did not meet the criteria for such lines. However, the works recommended in the road safety assessment report were implemented in March 2020 (shown in the attached photo) to discourage overtaking. It is dangerous to overtake on that section of road. Witness evidence referred to how dark it was and lives are at risk if overtaking is allowed to continue there. The introduction of the red surfacing and hatched centre line aims to discourage overtaking. These measures comply with national regulations and guidance. OFFICIAL We trust our actions address the concerns raised in the Regulation 28 report to prevent future deaths. We trust this information is of assistance. Yours sincerely The Cheshire East Highways Team OFFICIAL
Acting Officer Manager For H.M. Coroner for Cheshire Westfields c/o Municipal Buildings Earle Street Crewe CW1 2BJ www.cheshireeast.gov.uk Date: 28th October 2021 Dear Mrs Rhodes RE: Prevention of Future Deaths report, A34 Melrose Way Thank you for your emails dated 3rd March 2021 and 20th May 2021 and please accept our sincere apologies for the delay in providing you with a response. Further to your email of 16th October 2020 advising that the Regulation 28 report to prevent future deaths relating to Liyakat Ali Sidat, Salma Bibi Sidat, Hajra Bidi Sidat (Deceased) has been updated we can confirm we have taken the following actions in response to section 5 of the report: Item 1 The A34 Bypass (Melrose Way Bend) presents a danger to life As advised on 25th February 2020 a road safety assessment report for A34 Melrose Way was prepared by the Council’s Senior Road Safety Engineer. A number of options were considered in consultation with Cheshire Constabulary. The report recommended that the existing centre line marking is replaced with a hatched hazard centreline and red surfacing. The recommendation was accepted by the Council and works were scheduled and completed in March 2020. Item 2 The Melrose Way Section has no continuous white line at the bend section preventing overtaking There are strict regulations set by the Department for Transport for the use of solid double white lines. Melrose Way was assessed but did not meet the criteria for such lines. However, the works recommended in the road safety assessment report were implemented in March 2020 (shown in the attached photo) to discourage overtaking. It is dangerous to overtake on that section of road. Witness evidence referred to how dark it was and lives are at risk if overtaking is allowed to continue there. The introduction of the red surfacing and hatched centre line aims to discourage overtaking. These measures comply with national regulations and guidance. OFFICIAL We trust our actions address the concerns raised in the Regulation 28 report to prevent future deaths. We trust this information is of assistance. Yours sincerely The Cheshire East Highways Team OFFICIAL
Acting Officer Manager For H.M. Coroner for Cheshire Westfields c/o Municipal Buildings Earle Street Crewe CW1 2BJ www.cheshireeast.gov.uk Date: 28th October 2021 Dear Mrs Rhodes RE: Prevention of Future Deaths report, A34 Melrose Way Thank you for your emails dated 3rd March 2021 and 20th May 2021 and please accept our sincere apologies for the delay in providing you with a response. Further to your email of 16th October 2020 advising that the Regulation 28 report to prevent future deaths relating to Liyakat Ali Sidat, Salma Bibi Sidat, Hajra Bidi Sidat (Deceased) has been updated we can confirm we have taken the following actions in response to section 5 of the report: Item 1 The A34 Bypass (Melrose Way Bend) presents a danger to life As advised on 25th February 2020 a road safety assessment report for A34 Melrose Way was prepared by the Council’s Senior Road Safety Engineer. A number of options were considered in consultation with Cheshire Constabulary. The report recommended that the existing centre line marking is replaced with a hatched hazard centreline and red surfacing. The recommendation was accepted by the Council and works were scheduled and completed in March 2020. Item 2 The Melrose Way Section has no continuous white line at the bend section preventing overtaking There are strict regulations set by the Department for Transport for the use of solid double white lines. Melrose Way was assessed but did not meet the criteria for such lines. However, the works recommended in the road safety assessment report were implemented in March 2020 (shown in the attached photo) to discourage overtaking. It is dangerous to overtake on that section of road. Witness evidence referred to how dark it was and lives are at risk if overtaking is allowed to continue there. The introduction of the red surfacing and hatched centre line aims to discourage overtaking. These measures comply with national regulations and guidance. OFFICIAL We trust our actions address the concerns raised in the Regulation 28 report to prevent future deaths. We trust this information is of assistance. Yours sincerely The Cheshire East Highways Team OFFICIAL
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