Prevention of Future Deaths reports · 2022
Regulation 28 report to prevent future deaths, reference 2022-0414, written 13 Dec 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 13 Dec 2022 |
|---|---|
| Reference | 2022-0414 |
| Deceased | Akeem Rhoden |
| 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 HIS MAJESTY'S SENIOR CORONER SOUTH WALES CENTRAL CORONER AREA CORONER'S OFFICE THE OLD COURTHOUSE COURTHOUSE STREET PONTYPRIDD CF371JW ANNEX A REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1) NOTE: This form is to be used after an inquest. REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: Brecon Beacons National Park Authority; Rhondda Cynon Taff CBC; Neath Port Talbot Council; Powys County Council; and Natural Resources Wales CORONER I am Rachel Knight Assistant Coroner, for the coroner area of South Wales Central. 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. INVESTIGATION and INQUEST 1 2 On 15 June 2021 I commenced an investigation into the death of Akeem Jevaughn RHODEN. The investigation concluded at the end of the inquest on 29th November 2022. The conclusion of the inquest was misadventure. The cause of death was recorded as: 3 1a Drowning 1b 1c II CIRCUMSTANCES OF THE DEATH 4 Akeem Jevaughn Rhoden was aged 22 when he voluntarily jumped off a rock into the water at Sgwd Y Pannwr Waterfall, Brecon Beacons, near Pontneddfechan on 5th June 2021. He was not a strong swimmer and he drowned due to the force of the water. His body was recovered on 6th June 2021, having been trapped under a ledge. 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 signage at ALL waterfalls in 'Waterfall Country' must be addressed; (2) Akeem Roden was not a strong swimmer and there were no adequate signs at the point he jumped in to warn him of the potential dangers and that he might drown; (3) Signage at each waterfall should be in plain, bold, easily understandable English, spelling out the danger of the power of the water; and (4) Existing signage is overloaded with information and not present at the point where individuals may decide to enter the water. ACTION SHOULD BE TAKEN 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. 5 6 YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by 7th February 2023. 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. 7 I would welcome a joint response, as the ownership of the various waterfalls is less than clear, but the problem is the same for each of them. COPIES and PUBLICATION I have sent a copy of my report to Mr Rhoden's family 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. 13 December 2022 SIGNED: Rachel Knight Assistant Coroner for South Wales Central Coroner Area 8 9
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.
Rachel Knight
His Majesty's Assistant Coroner
South Wales Central Coroners Court
06 February 2023
Dear Madam,
Response to Regulation 28 Report to Prevent Future Deaths
Inquest touching on the death of Akeem Jevaughn RHODEN
We write with reference to the Regulation 28 Report to Prevent Future Deaths dated 13 December
2022 which was issued by HM Coroner following the inquest into the death of Mr Akeem Jevaughn
Rhoden ("the Regulation 28 Report"}.
We are responding to the Regulation 28 Report on behalf of Natural Resources Wales, Brecon
Beacons National Park, Powys County Council, Rhondda Cynon Taf County Borough Council and
Neath Port Talbot Council. On behalf of all of the aforementioned organisations, may we express our
deepest condolences to Mr Rhoden's family.
We set out below the joint response of Natural Resources Wales, Brecon Beacons National Park
Authority, Powys County Council, Rhondda Cynon Taf and Neath Port Talbot Council, to the concerns
that have been raised by HM Coroner as set out in the Regulation 28 Report:
1.
Independent Expert
1.1. Natural Resources Wales is in the process of commissioning a report from an independent
expert concerning visitor safety management to include signage in Waterfall Country. The
outcome of this process will be shared with Brecon Beacons National Park Authority, Powys
County Council, Rhondda Cynon Taf and Neath Port Talbot Council.
1.2. Brecon Beacons National Park Authority will review the independent report and reposition its
signage as reasonably required having considered the recommendations of the report.
Confidential
1
2.
Erection of Signage
Pending the report of the independent expert, semi-permanent signs are being erected at
the following locations in Waterfall Country. NRW will mark their signs as marked on the
plan (numbers 1-8) and Brecon Beacons National Park Authority (numbers 9-16) Enclosure
1 and set out below:
0
0
0
0
0
0
0
0
Location:
1.
Sgwd Clun Gwyn Uchaf;
Location:
2.
Sgwd Pannwr;
Location:
3.
Sgwd yr Eira north;
Location:
4.
Sgwd yr Eira south;
Location:
5.
Sychryd;
Location:
6.
Dinas access to Mellte;
Location:
7.
Pont Melin Fach
Location:
8.
Junction pool below Sgwd Gwladys.
0
Location:
9.
Cwmporth Carpark SN 92839 12383
0
Location:
10. Glyn Gwyn footpath SN 92107 10714
(_
0
Location:
11.
PNF Old School footpath SN89962 08517
0
0
0
Location:
12. Gunpowder Works lower bridge SN91548 08227
Location:
13. Gunpowder Works upper bridge SN91895 08407
Location":
14.
Penderyn Tor y Foel Footpath / permissive route SN 93837
09205
0
Location:
15.
Scwd Pannwr NPA side SN92280 10299
0
Location:
16.
Lower Glyn Gwyn NPA side SN 92382 10644
Confidential
2
When the erection of the semi-permanent signs has been completed, photographs will be
taken by NRW and Brecon Beacons National Park Authority respectively and sent to HM
Coroner.
3.
Design of the Signs
The signs that are being erected in Waterfall Country, have been designed with reference to
the Visitor Safety Group Communicating Safety Guidance an extract of which is set out
below:
C
Genuine
CORHtjllllf1C4t9
of bellavlour
(maintaining
trust & 1ntearlty)
Dnlrod blh.-Aour.
Consldar 1njunctlve
(ought) and P,09C~
(do natt ffieHIQH
and
We attach at Enclosure 2:
3.1
Two illustrations of the signs that are being erected by Natural
Resources Wales and Brecon Beacons National Park in Waterfall
Country showing their respective logos; and
3.2
An illustration of the signs that are being erected by the local authorities
in Waterfall Country which do not have a logo.
We trust this joint response provides assurance to both HM Coroner and Mr Rhoden's family that
action is being taken by Natural Resources Wales, Brecon Beacons National Park Authority, Powys
County Council, Rhondda Cynon Taf County Borough Council and Neath Port Talbot Council to
Confidential
3
address HM Coroner's concerns. The safety of visitors to Waterfall Country is of the utmost
importance to all of the aforementioned organisations and we remain committed to working
collaboratively including through ongoing participation in the Waterfall Area Safety Advisory Group.
Yours sincerely
Chief Executive
Natural Resources Wales
(
Brecon Beacons National Park Authority
Confidential
4
Enclosure 1
C
{_
Confidential
s
l:»l'W
e-...,-.c-•-1r-.. ._..__,.,....._.,
""'""""_c......._._ ....~ea--.-.......
............................,,.. ,..............................
.......,c....,_._....,...__, •o...caw..-_.....,...,.xu
.....,a.... MIIIIIJD. N.,__. , ._. o...-s..-,...l'lm. .,__,._,
.................,....."'....
,.,.,.......,..,...............,.,.,......
m:IMt
Enclosure 2
Cyfo.th Naturio4 Cymru
Natural Resourcn Wales
•
Mae marwolaethau ac
anafladau dlfrlfol wecl
dlgwydd yma oherwydd:
•Dwr pwerus, cerhvntau
cryf a chreiglau Hlthrlg
• Peryglon cudd o dan
ydwr
• Peldlwch i drlngo neu
nelclo oddl ar greiglau
neu raeadrau
- Defnydclwch ofal
elthafol mewn dwr ac
di gwmpas
Deaths and serious
lnJurles have happened
here due to:
• Powerful water. strong
currents and sllppery
rocks
• Hidden hazards under
the water
• Do not climb or Jump
off rocks or waterfalls
- UM extreme caution In
and around water
Hewn a,gyfwn;, ffonlwch 199
a gofyn am ,, Hedclu,
yna .Achub Myn,dd.
In an emergency, call 999
and ask for Police, then
MounUiln Roscuo.
{_
Confidential
6
(
(
Mae marwolaethau ac
anaffadau difrifol wedi
dlgwydd yma aherwydd:
• Dwr pwerus, cerhyntau
cryf a clwelglau lllthrig
• Pe,yglon Cudd O dan
y dwr
Pelclwch a drtngo neu
neldlo odd ar grelglau
neu raeadrau
• Defnyddlwch ofal
elthafol mewn dilr ac
o'i gwmpas
Deaths and serious
inluries have happened
here due to:
• Powerful water, strong
currents and slippery
rocks
• Hidden hazards under
the water
• Do not clmb or Jump
off rocks or waterfalls
• Use extreme caution In
and around water
Hewn argyfwng, tfonlwch 999
a gofyn am yr Heddlu,
yna Achub Mynydd.
In an emergency, call 999
and alk for Police, then
Mountain Rescue.
Confidential
7
Mae marwolaethau ac
anafladau dlfrlfol wedl
dlgwydd yma oherwydd:
• Dwr pwerus, cerhyntau
cryf a chrelglau lllthrlg
• Peryglon Cudd O dan
ydwr
• Peldiwch i drlngo neu
neldlo oddi ar grelglau
neu raeadrau
- Defnyddlwch ofal
elthafol mewn dwr ac
o'I gwmpas
Deaths and serious
Injuries have happened
here due to:
• Powerful water, strong
currents and slippery
rocks
• Hidden hazards under
the water
• Do not climb or jump
off rocks or waterfalls
- Use extreme caution In
and around water
Mown argyfwng, ffonlwdl 999
a gotyn am yr Heddlu,
yna Achub Mynydd.
In an emergency, call 999
and ast( for Police, then
Mountain Rescue.
Confidential
8
Cyngor Castell-nedd Port Tatbot Neath Port Talbot Council Dydd1ad/ Date 30'h January 2023 His Majesty's Senior Coroner South Wales Central Coroner Area Coroner's Office The Old Courthouse Courthouse Street Pontypridd Dear Sirs Re: Regulation 28 Report (Akeem Rhoden (Deceased)) Neath Port Talbot Council wish to thank the Coroner for writing to our Chief Executive and bringing to our attention the various matters of concern that were prompted by her investigation into the tragic death of Mr. Rhoden. Neath Port Talbot Council express their deep regret and sorrow at the death of Mr Rhoden. (_ It should be noted that this response is based entirely on the Regulation 28 Report that was received. We acknowledge the Coroner's concerns and will accordingly consider signage at the land we own and manage at the site in question. The Brecon Beacons National Park is an area which is designated for its special qualities Pennaeth Gwasanaethau cyfreithlol Y Ganolfan Ddlneslg, Pon Talbot SA13 1PJ DX 135226 Port Talbot 2 Head of Legal Services Civic Centre, Port Talbot, SA13 lPJ DX 135226 Port Talbot 2 Croesewir goheblaeth yn y Gymraeg a byddwn yn ymdrin ii gohebiaeth 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 consequently, signage is something we must consider very carefully in the context of a natural landscape. 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. C (. In autumn 2022, as a result of the concerns that the Coroner raised in a report concerning a different fatality, Brecon Beacons National Park Authority and Neath Port Talbot Council jointly commissioned an independent review of signage at the Site and this work continues. Neath Port Talbot Council is 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. In the interim, Neath Port Talbot Council have 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. It is anticipated that this work will be concluded in by the end of March 2023. It is important that we offer factual response to the Coroner's findings, both to acknowledge and to identify any issuesand to correct any misperceptions which may be barriers to full learning. The Coroner's key points are summarised here, and the full table can be found in her Regulation 28 Report: Coroner's Response Action already Action proposed Matters of Concern completed The signage at all We agree with We have To review signage waterfalls in using signs that instructed an and implement a Waterfall Country are clear to all independent uniform form of must be users regardless reviewer to signage. addressed of language. It advise on the should be noted formation and that each content of new authority must signs and also comply with temporary signs Welsh Language are being put in Standards which place to warn of does require concerns. additional information to be present. I There were no We agree with We have To review signage adequate signs to using signs that instructed an and implement a (_ .....-- warn of potential are clear to all independent - uniform form of dangers users regardless reviewer to signage. of language. It advise on the should be noted formation and I that each content of new authority must signs also comply with Welsh Language Standards. Any sign(s) We agree with We have To review signage Signage erected using signs that instructed an and implement a ought in plain are clear to all independent uniform form of English and spell users regardless reviewer to signage. out the risk of the of language. It advise on the danger of the should be noted formation and power of the that each content of new water. authority must signs also comply with Welsh Language Standards. Existing signage in We accept We have To review signage 'Waterfall I Country' is additional signage instructed an and implement a can explicitly independent uniform form of overloaded with a address safety reviewer to signage. variety of concerns advise on best practice signs information, is not explicit in warning of the real danger of death from entering the water. In the interim, a number of additional steps have been taken: • The Neath Port Talbot website has been updated to advise individuals of the potential risks involved. • Signs will be erected to advise individuals of unpredictable water flow. Advice has suggested to date the Council should refrain from using any words such as Danger, Caution or Warning as it indicates a problem, and indeed Deep Water as someone will no doubt dive in when it is shallow. We trust that such information will demonstrate the Neath Port Talbot Council's commitment to working to prevent future incidents in this area. (_ Yours faithfully Head of Legal and Democratic Services
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