Prevention of Future Deaths reports · 2022
Regulation 28 report to prevent future deaths, reference 2022-0304, written 29 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 | 29 Jul 2022 |
|---|---|
| Reference | 2022-0304 |
| Deceased | Charles Wheatley |
| Coroner | Leslie Hamilton |
| Coroner area | County Durham and Darlington |
| 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 NOTE: This form is to be used after an inquest. REGULATION 28 REPORT TO PREVENT DEATHS THIS REPORT IS BEING SENT TO: 1 Rt Hon Grant Shapps MP 2 1 CORONER I am JR Leslie HAMILTON, Assistant Coroner for the coroner area of County Durham and Darlington 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 24 December 2021 I commenced an investigation into the death of Charles William WHEATLEY aged 58. The investigation concluded at the end of the inquest on 25 July 2022. The conclusion of the inquest was that: Charles William Wheatley was a 58 year old man who died at the scene following a head-on collision with another car (his car crossed the double white lines while apparently turning into a farm entrance) on the A66 at Rokeby at approximately 22:00hrs on the 14th December 2021. The driver of the other car (Amy Purvis) died later in hospital. He did not have a valid driving licence and there was no evidence that he had ever held a driving licence. He had epilepsy and should not have been driving and indeed had told his GP that he was not driving. Toxicology showed that he was not taking his anti-epileptic medication regularly. Post mortem showed that he died from abdominal (liver laceration) and pelvic injuries. He was not wearing a seat belt. His blood alcohol level was 203 mg/100mls. 4 CIRCUMSTANCES OF THE DEATH Mr Wheatley was involved in a road traffic collision on the 14th December 2021 on the A66, Rokeby Grange, Barnard Castle. 5 CORONER’S CONCERNS During the course of the investigation my inquiries 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: (brief summary of matters of concern) The other driver killed in the Road Traffic Collison was a 36 year old woman (Amy Weston Purvis) who was driving home to her family. While it may not have prevented Amy’s death, it seems illogical and indeed incomprehensible to me that the system allows a person to buy a car without having a licence to drive it. In this case there was no evidence that Mr Wheatley had ever held a driving licence. I recognise that currently, the DVLA are responsible for the statutory instrument 1999/2864 which covers matters around driving entitlements and that vehicle ownership/registered Regulation 28 – After Inquest Document Template Updated 30/07/2021 keepers are catered for under an Act of Parliament (the Vehicle Excise and Registration Act 1994) and therefore significant change in the law would be needed. However, I suspect that the public would find it difficult to understand how someone can buy and keep a car without having a licence to drive the vehicle. 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 September 23, 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. 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner and to the following Interested Persons I have also sent it to who may find it useful or of interest. I am also under a duty to send a copy of your response to the Chief Coroner and all interested persons who in my opinion should receive it. I may also send a copy of your response to any person who I believe may find it useful or of interest. 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 Dated: 29/07/2022 JR Leslie HAMILTON Assistant Coroner for County Durham and Darlington Regulation 28 – After Inquest Document Template Updated 30/07/2021
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.
From the Secretary of State Great Minster House 33 Horseferry Road London SW1P 4DR Tel: E-Mail: Web site: www.gov.uk/dft Our Ref: 09 June 2023 Mr Leslie Hamilton Assistant Coroner Fourth Floor, Civic Centre, North Terrace, Crook, Co. Durham, DL15 9ES Dear Mr Hamilton, Thank you for your correspondence, about your investigation into the death of Mr Charles William Wheatley. Please accept my sincere apologies for the delay in my reply. I was sorry to read of the circumstances which prompted this correspondence, and I would like to extend my condolences to the families involved. Anyone driving a vehicle should always hold the appropriate driving licence for the vehicle they are driving and comply with the rules of the road. In this instance, the individual was breaking numerous existing laws by driving whilst over the legal alcohol limit, without wearing a seatbelt, without a valid driving licence and avoiding the checks which are already in place to assess a person’s fitness to drive. The law requires that drivers with epilepsy who wish to drive cars or motorcycles must be seizure free for one year, before an application for a driving licence can be considered. I note that following the inquest, you have asked why an individual is able to purchase a vehicle when they do not hold a driving licence. It may help to explain that the purpose of the vehicle register held by the Driver and Vehicle Licensing Agency (DVLA), is to record details of vehicles and their registered keepers. While the DVLA requests proof of the applicant’s name and address when a vehicle is first registered, and for the driving licence number of a new keeper at subsequent keeper changes, there is no requirement in law to hold a driving licence to register a vehicle, or to become the keeper of an already registered vehicle. It is already a criminal offence to drive a vehicle without a licence whether you are the keeper or not, but there is no legal requirement to hold a licence in order to be the registered keeper. There are many circumstances where the buyer and keeper of a vehicle may not hold a driving licence. For example, a person may buy a vehicle for another individual such as a carer with no intention of driving the vehicle themselves, and in circumstances where vehicles are bought by and registered to companies and fleets as the keepers. I hope this is helpful and I am grateful to you for bringing this matter to my attention. Yours sincerely, SECRETARY OF STATE FOR TRANSPORT
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