Prevention of Future Deaths reports · 2023
Regulation 28 report to prevent future deaths, reference 2023-0081, written 2 Mar 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 2 Mar 2023 |
|---|---|
| Reference | 2023-0081 |
| Deceased | Kathleen Fancourt |
| Coroner | Penelope Schofield |
| Coroner area | West Sussex |
| 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 The Rt Hon Mark Harper MP Secretary of State for Transport Great Minster House Horseferry Road London SW1P 4DR 2 Chief Executive Driver and Vehicle Licensing Agency Longview Road Morriston Swansea SA67JL 1 CORONER I , Penelope Schofield, Senior Coroner, for the coroner area of West Sussex. 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 22 September 2021 I commenced an investigation into the death of Kathleen Grace FANCOURT aged 89. The investigation concluded at the end of the inquest on 01 March 2023. The conclusion of the inquest was that Mrs Fancourt died an Accidental Death. 4 CIRCUMSTANCES OF THE DEATH On Thursday 16th September 2021 on Broyle Road in Chichester, West Sussex, Kathleen Fancourt was on her mobility scooter waiting at a pedestrian crossing. The crossing light was green for pedestrians and red for traffic. As Mrs Fancourt commernced to cross the road she was hit by a Peugeot car driving over the crossing. The driver of the car was 95 years old and has since this incident pleaded guilty to an offence of dangerous driving. 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) This accident was caused by a driver who was 95 years old. At present there is no upper Regulation 28 – After Inquest Document Template Updated 30/07/2021 legal limit for drivers. Whilst drivers over 70 are required to apply for a new licence every 3 years there is no requirement for there to be any form of medical check to confirm their fitness to drive. It is left to a self declaration of any medical condition by the driver. There is a concern that if no checks are carried out a driver may be oblivous to their enduring medical condition and this may pose a serious risk to other road users. In 2020 (the last figures publicly available) there were 174 fatal accidents cause by drivers over the age of 70 years old. The Government’s own statistics confirm that “driver illness or disability (mental or physical)” was the 4th most common contributory factor to these deaths. 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 April 27, 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. 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner and to the following Interested Persons The family of Kathleen Fancourt I have also sent it to Chief Constable of Sussex Police – Forensic Collison Department. West Sussex County Council – Highways department Gillian Keegan, MP for Chichester 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: 02/03/2023 Regulation 28 – After Inquest Document Template Updated 30/07/2021 Penelope SCHOFIELD Senior Coroner for West Sussex Coroners Service 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 The Rt Hon Mark Harper MP Great Minster House 33 Horseferry Road London SW1P 4DR Web site: www.gov.uk/dft 27 April 2023 Ms Penelope Schofield County Record Office HM Coroner’s Office Orchard Street Chichester West Sussex PO19 1DD Dear Ms Schofield, Thank you for your letter of 2 March 2023 and your report made under the Coroners and Justice Act 2009 and Regulations 28 and 29 of the Coroners (Investigations) Regulations 2013, following the inquest you conducted into the death of Mrs Kathleen Grace Fancourt. I understand that this report has also been sent to Licensing Agency (DVLA) and this reply covers both approaches. , Chief Executive of the Driver and Vehicle I was very sorry to read of the tragic circumstances of this case and would like to express my sincere condolences to the family of Mrs Fancourt. I have considered your report and its recommendations very carefully. The report suggests that more medical checks should be carried out when drivers renew their licence at the age of 70 and over. The current driver licensing arrangements are underpinned by a legal requirement that all drivers, of any age, must inform the DVLA if at any time they develop a medical condition that may affect safe driving. All drivers must meet the appropriate health standards for driving and a licence will only be issued to those who meet those standards. When applying for or renewing a driving licence, applicants must, by law, declare whether they have any medical conditions. The DVLA will investigate drivers who notify a relevant medical condition by obtaining information from them and, where appropriate, from the relevant medical professionals. The DVLA will also investigate notifications from third parties, including concerned family, friends, neighbours, or health care professionals. This is in recognition of the fact there may be times when an individual may fail to notify the DVLA appropriately or where a health condition affects their insight into their driving ability. Doctors and other medical professionals can also notify the DVLA if they have concerns about the fitness to drive of their patients. Although there is no legal obligation on medical professionals to notify the DVLA about a patient who may be medically unfit to drive, they do have a duty of care to their patient and to the general public when they have concerns and their patient is unwilling or unable to notify the DVLA. Guidelines issued by the General Medical Council and General Optical Council highlight a doctor’s duty to disclose information to the DVLA where the patient has failed to do so. It is recognised that health can deteriorate in later life and for this reason, driving licences expire at the age of 70 and must then be renewed at least every three years. Everyone renewing a licence from age 70 and over must declare that they meet the legal eyesight standards for safe driving and confirm whether they have any relevant medical conditions which may affect safe driving. These regular renewals provide a timely reminder for drivers to consider their health in the context of driving, and such declarations are a legal obligation. These arrangements are designed to be balanced and proportionate for all drivers, while balancing road safety and the mobility of individuals. As your report highlights, the 2020 reported road traffic casualty figures do show 174 fatal accidents but it should be noted that these are accidents “involving” individuals over the age of 70 rather than those caused by an older driver. However, we are not complacent and the Department for Transport recognises that older people must be able to maintain the skills and confidence required to remain safe and effective drivers. With funding from my department, the Royal Society for the Prevention of Accidents has developed an older drivers’ website www.olderdrivers.org.uk which contains information to help older people to continue to drive for as long as they are safe to do so. It includes details on driving assessments and refresher training and provides advice on making the decision to retire from driving if an individual is no longer able to drive safely. Driver education schemes are also provided by local authorities and these are an effective way of supporting older drivers and help to ensure that they remain fit and competent to drive. I am very grateful to you for bringing your concerns to my attention. I can assure you that we take road safety very seriously and we are focused on ensuring that only those who are fit to drive are granted a licence to do so. Yours sincerely, The Rt Hon Mark Harper MP SECRETARY OF STATE FOR TRANSPORT
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