Prevention of Future Deaths reports · 2022
Regulation 28 report to prevent future deaths, reference 2022-0232, written 26 Jul 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 26 Jul 2022 |
|---|---|
| Reference | 2022-0232 |
| Deceased | Hemanta Rai |
| Coroner | Rachel Knight |
| Coroner area | South Wales Central |
| Category | Other related deaths · Wales prevention of future deaths reports (2019 onwards) |
| Source | judiciary.uk record · original PDF |
| Responses published | 2 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
GRAEME HUGHES HER MAJESTY'S SENIOR CORONER SOUTH WALES CENTRAL CORONER AREA ANNEX A CORONER'S OFFICE THE OLD COURTHOUSE COURTHOUSE STREET PONTYPRIDD CF371JW Telephone: Facsimile: Email: REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1) REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: Chief Executive Brecon Beacons National Park Authority Chief Executive Natural Resources Wales Chief Executive Neath Port Talbot Council Chief Executive Powys County Council Chief Executive Rhondda Cynon Taf County Borough Council CORONER I am Rachel Knight Assistant Coroner, for the coroner area of South Wales Central. CORONER'S LEGAL POWERS 1 2 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. Coroner's Office, The Old Courthouse, Courthouse Street, Pontypridd, CF37 1JW INVESTIGATION and INQUEST On 24 August 2021 I commenced an investigation into the death of Hemanta Kumar RAI. The investigation concluded at the end of the inquest on 19/07/2022. The conclusion of the inquest was Accident. 3 1a Drowning 1b 1c II CIRCUMSTANCES OF THE DEATH 4 Hemanta Kumar Rai was aged 28 when he was visiting South Wales on holiday in the summer of 2021. On 16th August, together with a friend, he entered the area of a deep waterfall at Pontneathvaughan, Powys. A strong current pulled Hemanta, who was not a swimmer and was merely paddling, under the water towards the waterfall, and tragically, despite the efforts of friends and emergency services, he drowned. 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) There is no adequate signage to warn visitors of the risk of drowning by entering the water at Sgwd Gwladys. (2) Existing signage in 'Waterfall Country' is overloaded with a variety of information, which although helpful for walking routes etc, is not explicit in warning of the real danger of death from entering the water. (3) Any sign(s) erected ought to be easily visible, in plain English and spell out the risk of death by drowning. (4) It is very unclear who bears responsibility for this particular area, which borders 3 local authority areas, and falls within the National Park and NRW jurisdiction. ACTION SHOULD BE TAKEN 5 6 In my opinion action should be taken to prevent future deaths and I believe you and your organisation have the power to take such action. Coroner's Office, The Old Courthouse, Courthouse Street, Pontypridd, CF37 1 JW YOUR RESPONSE 7 8 You are under a duty to respond to this report within 56 days of the date of this report, namely by 20th September 2022. 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 family of Mr Rai who may find it useful or of interest. 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. 26 July 2022 SIGNED: 9 <" Rachel Knight Assistant Coroner for South Wales Central Coroner Area Coroner's Office, The Old Courthouse, Courthouse Street, Pontypridd, CF37 1JW
2 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.
BRECON BEACONS
NATIONAL PARK
Graeme Hughes
Her Majesty's Senior Coroner
South Wales Central Area
Coroner's Office
The Old Court House
Court House Street
PontyPridd
CF371JW
Date: 20 September 2022
Dear Sir
Joint response by Brecon Beacons National Park Authority and Neath Port
Talbot Council to the Regulation 28 Report (25 July 2022) in relation to the
death by accident of Hemeta Kumar Rai on 16 August 2021.
1. Introduction
1.1. The Brecon Beacons National Park Authority and Neath Port Talbot Council
wish to thank the Coroner for writing to their respective Chief Executives and
(~~l- H&I: (01874) 624437 Ffacs: (01874) 622574
Awdurdod Pan: Cenedlaethol Bannau Brycheiniog
Plas y Ffynnoo. Ffordd Cambnvi.Aberhoriddu.fuv.ys. LD3 7HP
E-bost)'llholiadau@bannaubl)'che,niog.org
Safle ar ywe:www.bannaubrycheinog.org
'" 1tnu•u11 ""'•• 11
N•r•(JH &IU5
Brecon Beacons National ParxAuthority
P1as y Ffynnon, Cambrian Wiy. Brecon, Powys. LD3 7HP
Telephone: (01874) 624437 Fax: (01874) 622574
E-ma.i· enqun,,@breconbeacons.org
W ebsite: www.brec~cons.org
7he Aullon!r-
r, Welsh 0t Ellflisl,
bringing to our attention the various matters of concern that were prompted
------Ct)
by her investigation into the tragic death of Mr. Rai.
1.2. The Brecon Beacons National Park is an area which is designated for its
special qualities consequently, signage is something we must consider very
carefully in the context of a natural landscape.
1.3. Those concerns have been shared with and considered carefully by Brecon
Beacons National Park Authority and Neath Port Talbot Council.
1.4. This report is our joint response on behalf of the Brecon Beacons National
Park Authority and Neath Port Talbot Council to your Report to Prevent
Future Deaths dated 25 July 2022, in accordance with the provisions of the
Coroners and Justice Act 2009.
1.5. It should be noted that this response is based entirely on the Regulation 28
Report that was received. Despite further requests for information to the
Coroner Officer no additional or specific information was provided.
2. Aims
2.1. Both Brecon Beacons National Park Authority and Neath Port Talbot Council
express their deep regret and sorrow at the death of Mr Rai. We
acknowledge the coroner's concerns and recognise the need to consider
signage at the land we own and manage at the waterfall at
Pontneathvaughan, Powys ('the Site'). This response is prepared to assure
the Chief Coroner of our commitment to change, ongoing learning and
improvement.
2.2. We will seek to respond to the key point of signage that has been raised by
the Coroner's concerns, and to identify any changes to signage to mitigate
the risk of any future death by accident by someone visiting the Site by
undertaking a signage review and implementing any necessary actions (see
section Error! Reference source not found.).
2
3. Other parties
3.1. We are committed to working in partnership with each other and have
extended the offer collaboration to other public body landowners and
colleagues so that a joint approach can be pursued.
4. Immediate first steps
4.1. As a result of the concerns that the Coroner raised in her report, Brecon
Beacons National Park Authority has commissioned an independent review
of signage at the Site and a Site visit has been scheduled for 29th September
2022 which is to be led by the external health and safety consultant and
attended by officers from Brecon Beacons National Park Authority, Neath
Port Talbot Council and Natural Resources Wales.
5. Longer aims
5.1.As stated we are committed to working collaboratively with the other public
body landowners and colleagues to improve our joint management of matters
that affect visitors to the site. We hope that we can continue the dialogue to
create a unified approach to health and safety matters within the National
Park
5.2. In the interim, Brecon Beacons National Park Authority has commissioned a
review of all signs within its high-volume visitor areas to ensure they are fit for
purpose and are uniform in their design, content and application.
6. Policy Review
6.1. Brecon Beacons National Park Authority is in the process of reviewing the
suite of health and safety policies which includes the policy covering the
management of our sites and actions to be taken when health and safety
concerns are received. Neath Port Talbot Council have also looked at the
access way to such sites that are within its responsibility, to ensure matters
are being considered appropriately.
3
Ct)
7. Initial responses to the Coroner's Criticisms
7.1. It is important that we offer factual response to the Coroner's findings, both to
acknowledge and to identify any failings and to correct any misperceptions
which may be barriers to full learning.
7.2. The Coroner's key points are summarized here, and the full table can be
found in her Regulation 28 Report.
Coroner's
Response
Action already
Action proposed
Matters of
I
Concern
completed
(1) There is no
This area is not
We have
To review signage
adequate signage within the
instructed an
within the National
to warn visitors of
ownership of
independent
Park and land in
the risk of
Brecon Beacons
reviewer to
drowning by
National Park
compile a
the ownership of
I
I Neath Port Talbot
entering the water Authority or Neath
complete review of Council and
at Sgwd Gwladys. Port Talbot
signage within
consider
Council.
public access
implementing a
areas within our
uniform form of
land ownership
signage.
(2) Existing
We accept
We have
To review signage
signage in
additional signage
instructed an
and implement a
'Waterfall Country'
can explicitly
independent
uniform form of
is overloaded with
address safety
reviewer to advise
signage.
a variety of
concerns
on best practice
information, which
although helpful for
walking routes
etc., is not explicit
in warning of the
real danger of
signs
4
Response
Action already
Action proposed
completed
Coroner's
Matters of
Concern
death from
entering the water.
(3)
Any sign(s) We agree with
We have
To review signage
erected ought to
using signs that
instructed an
and implement a
be easily visible, in are clear to all
independent
uniform form of
plain English and
users regardless
reviewer to advise
signage.
spell out the risk of of language. It
on the formation
death by drowning. should be noted
and content of new
that each authority
signs
must also comply
with Welsh
Language
Standards which
will have a bearing
on any approach
in signs that can
be utilised
(4) It is very
It is accepted that Brecon Beacons
To review signage
unclear who bears
land ownership is National Park
and implement a
responsibility for
divided and can be Authority will install uniform form of
this particular area, confusing
user friendly signs
signage
which borders 3
local authority
areas, and falls
within the National
Park and NRW
jurisdiction.
delineating the
National Park area
with a contact
detail regarding
any queries.
5
Yours faithfully
Chief Executive
For and on behalf of Brecon Beacons National Park Authority
Head of Legal and Democratic Services
Neath Port Talbot Council
6
Cyngor Cast ell-nedd Port Talbot
Neath Port Talbot Council
Dyddiad/ Date
201h September 2022
His Majesty's Senior Coroner
South Wales Central Coroner Area
Coroner's Office
The Old Courthouse
Courthouse Street
Pontypridd
Dear Sirs,
Please find attached a response to your Regulation 28 Notice in respect of the
sad death of Hemanta Kumar Rai.
This response has been prepared jointly with Brecon Beacons National Park
Authority whom the Neath Port Talbot Council is presently working with to
consider the issues raised in your Notice.
Yours faithfully
- Head of Legal and Democratic Service
Pennaeth Gwasanaethau Cyfrelthlol a Democrataldd
Y Gano~an Ddinesig, Port Talbot SA131PJ
Head of Legal Services and Democratic Services
Civic Centre, Port Talbot, SA13 1PJ
Croesewlr goheblaeth yn y Gymraeg a byddwn yn ymdrin agohebiaeth Gymraeg a Saesneg l'r un safonau ac amserlenni.
We welcome correspondence in Welsh and will deal with Welsh and English correspondence to the same standards and timescales.
www.npt.gov.uk
Joint response by Brecon Beacons National Park Authority and Neath Port Talbot
Council to the Regulation 28 Report (25 July 2022) in relation to the death by accident
of Hemeta Kumar Rai on 16 August 2021.
1. Introduction
1.1. The Brecon Beacons National Park Authority and Neath Port Talbot Council
wish to thank the Coroner for writing to their respective Chief Executives and
bringing to our attention the various matters of concern that were prompted by
her investigation into the tragic death of Mr. Rai.
1.2.The Brecon Beacons National Park is an area which is designated for its
special qualities consequently, signage is something we must consider very
carefully in the context of a natural landscape.
1.3. Those concerns have been shared with and considered carefully by Brecon
Beacons National Park Authority and Neath Port Talbot Council.
1.4. This report is our joint response on behalf of the Brecon Beacons National
Park Authority and Neath Port Talbot Council to your Report to Prevent Future
Deaths dated 25 July 2022, in accordance with the provisions of the Coroners
and Justice Act 2009.
1.5. It should be noted that this response is based entirely on the Regulation 28
Report that was received. Despite further requests for information to the
Coroner Officer no additional or specific information was provided.
2. Aims
2.1. Both Brecon Beacons National Park Authority and Neath Port Talbot Council
express their deep regret and sorrow at the death of Mr Rai. We acknowledge
the Coroner's concerns and recognise the need to consider signage at the land
we own and manage at the waterfall at Pontneathvaughan, Powys ('the Site').
This response is prepared to assure the Chief Coroner of our commitment to
change, ongoing learning and improvement.
2.2. We will seek to respond to the key point of signage that has been raised by the
Coroner's concerns, and to identify any changes to signage to mitigate the risk
of any future death by accident by someone visiting the Site by undertaking a
signage review and implementing any necessary actions (see section Error!
Reference source not found.).
3. Other parties
3.1. We are committed to working in partnership with each other and have
extended the offer collaboration to other public body landowners and
colleagues so that a joint approach can be pursued.
4. Immediate first steps
4.1. As a result of the concerns that the Coroner raised in her report, Brecon
Beacons National Park Authority has commissioned an independent review of
signage at the Site and a Site visit has been scheduled for 29th September
2022 which is to be led by the external health and safety consultant and
attended by officers from Brecon Beacons National Park Authority, Neath Port
Talbot Council and Natural Resources Wales.
5. Longer aims
5.1. As stated we are committed to working collaboratively with the other public
body landowners and colleagues to improve our joint management of matters
that affect visitors to the site. We hope that we can continue the dialogue to
create a unified approach to health and safety matters within the National Park
5.2. In the interim, Brecon Beacons National Park Authority has commissioned a
review of all signs within its high-volume visitor areas to ensure they are fit for
purpose and are uniform in their design, content and application.
6. Policy Review
6.1. Brecon Beacons National Park Authority is in the process of reviewing the
suite of health and safety policies which includes the policy covering the
management of our sites and actions to be taken when health and safety
concerns are received. Neath Port Talbot Council have also looked at the
access way to such sites that are within its responsibility, to ensure matters are
being considered appropriately.
7. Initial responses to the Coroner's Criticisms
7.1. It is important that we offer factual response to the Coroner's findings, both to
acknowledge and to identify any failings and to correct any misperceptions
which may be barriers to full learning.
7.2. The Coroner's key points are summarized here, and the full table can be found
in her Regulation 28 Report.
Coroner's Matters
Response
Action already
Action proposed
of Concern
completed
(1) There is no
This area is not
We have instructed
To review signage
adequate signage
within the
an independent
within the National
to warn visitors of
ownership of
reviewer to compile
Park and land in
the risk of drowning
Brecon Beacons
a complete review
the ownership of
by entering the
National Park
of signage within
Neath Port Talbot
water at Sgwd
Authority or Neath
public access
Council and
Gwladys.
Port Talbot
areas within our
consider
Council.
land ownership
implementing a
(2) Existing
signage in
We accept
We have instructed
To review signage
additional signage
an independent
and implement a
'Waterfall Country'
can explicitly
reviewer to advise
uniform form of
uniform form of
signage.
Coroner's Matters
Response
Action already
Action proposed
of Concern
completed
is overloaded with
address safety
on best practice
signage.
a variety of
concerns
signs
information, which
although helpful for
walking routes etc.,
is not explicit in
warning of the real
danger of death
from entering the
water.
(3)
Any sign(s)
We agree with
We have instructed
To review signage
erected ought to be
using signs that
an independent
and implement a
easily visible, in
are clear to all
reviewer to advise
uniform form of
1
plain English and
users regardless of
on the formation
signage.
spell out the risk of
language. It should
and content of new
death by drowning.
be noted that each
signs
authority must also
comply with Welsh
Language
Standards which
will have a bearing
on any approach in
signs that can be
utilised
(4) It is very
It is accepted that
Brecon Beacons
To review signage
unclear who bears
land ownership is
National Park
and implement a
responsibility for
divided and can be
Authority will install
uniform form of
Coroner's Matters Response
Action already
Action proposed
of Concern
completed
this particular area, confusing
user friendly signs
signage
which borders 3
local authority
areas, and falls
within the National
Park and NRW
jurisdiction.
delineating the
National Park area
with a contact
detail regarding
any queries.
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