Prevention of Future Deaths reports · 2023

Benjamin Teague

Regulation 28 report to prevent future deaths, reference 2023-0096, written 17 Mar 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report17 Mar 2023
Reference2023-0096
DeceasedBenjamin Teague
CoronerAnne Pember
Coroner areaNorthamptonshire
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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: 
The Chief Executive of National Highways 
National Highways 
Bridgehouse 
1 Walnut Tree Close 
Guildford 
Surrey 
GU1 4LZ 

1  CORONER 

I am Anne PEMBER, Senior Coroner for the coroner area of Northamptonshire 

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 11 August 2021 I commenced an investigation into the death of Benjamin James 
TEAGUE aged 26.  The investigation concluded at the end of the inquest on 08 March 2023. 
The conclusion of the inquest was: 
1a  Head Injury 

4  CIRCUMSTANCES OF THE DEATH 

On the evening of 2nd August 2021, Benjamin Teague drove his BMW car on the A5 
between Potterspury and Paulerspury. He overtook a vehicle, crossed to his incorrect side 
of the road where he collided head on with an approaching car. He was confirmed deceased 
at the scene. 

My conclusion was Road Traffic Collision 

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: 
During the course of the inquest, evidence was given that the A5 between Pottersbury and 
Paulesbury (scene of the collision) is in a very poor state with potholes.  I understand that 
a repair was carried out shortly after the road traffic collision but has since deteriorated.  I 
believe that this matter should be looked at by National Highways, 

6  ACTION SHOULD BE TAKEN 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021 

 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 June 08, 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 Benjamin Teague 

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: 14/04/2023 

Anne PEMBER 
Senior Coroner for 
Northamptonshire 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021

Responses

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.

Response from National Highways (PDF)
REGULATION 29 RESPONSE TO A REPORT TO PREVENT FUTURE 
DEATHS 

THIS RESPONSE IS BEING SENT TO: 

1.  The  Senior  Coroner  for  Northamptonshire,  Anne  Pember,  of  The 
Guildhall, St Giles’ Square, Northampton NN1 1DE in response to a 
‘Regulation  28  Report  to  Prevent  Future  Deaths’  following  an  inquest 
hearing into the death of Ben Teague that concluded on 08 March 2023.  

1  NATIONAL HIGHWAYS 

,  Regional  Director,  Midlands,  Operations  Directorate, 
I  am 
responding  on  behalf  of 
,  Chief  Executive  of  National  Highways 
Limited of Bridge House, 1 Walnut Tree Close, Guildford, SURREY, GU1 4LZ. 

2  CORONER’S MATTERS OF CONCERN 

The MATTERS OF CONCERN are as follows:–  

“During  the  course  of  the  inquest  evidence  was  given  that  the  A5  between 
Pottersbury and Paulerspury (scene of the collision) is in a very poor state with 
potholes. I understand that a repair was carried out shortly after the road traffic 
collision but has since deteriorated. I believe that this matter should be looked 
at by National Highways.” 

3  DETAILS OF ACTION TAKEN 

National Highways has a programme of routine safety inspections on the A5 
All Purpose Trunk Road. Between the collision in August 2021 and October 
2022 National Highways Inspectors instructed circa 1 pothole repair per 
month on the A5 between Potterspury and Paulerspury. This increased to 
over 3 per month in the last quarter of 2022. As a result, National Highways 
took the following actions:  

• 

• 

Increased the safety inspection regime from once every week to twice 
weekly  to  identify  any  immediate  safety  concerns  in  December  2022. 
Defects  identified  were  made  safe  and  repaired  within  risk  based 
timescales  set  out  in  National  Highways  defect  prioritisation  guidance 
notes.  Repair  timescale  is  typically  within  24  hours  for  defects  which 
could  impact  safety  and  within  28  days  for  those  defects  with  a  high 
potential of deteriorating to a condition that could impact on safety.  
Imposed  an  advisory  40mph  speed  limit  along  the  affected  stretch 
(approx. 3km length between BP petrol station at Paulerspury and  the 
Super Sausage Cafe at Potterspury) to further mitigate potential risks to 
road users in February 2023. 

•  Carried out localised repair work of patches of between 7m to 160m in 
length  over  a  2-mile  section  of  carriageway  between  Potterspury  and 
Towcester between 9 and 10 January 2023.  

•  Commenced work on an extensive seven-phase road resurfacing 

scheme to renew targeted sections of the running surface along the A5 
between south Northamptonshire and Atherstone. This work 
commenced on 20 February 2023. The link to the A5 press release can 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 be found here: https://nationalhighways.co.uk/our-roads/east-
midlands/east-midlands-maintenance-schemes/. 

o  The phases are being implemented working northwards on the 

A5. 

o  Phase 1 and 2 are the A5 from Old Stratford Roundabout 

(Junction with A508) and Weedon Bec (Junction with A45) and 
includes the road resurfacing between Paulerspury and 
Potterspury.  

o  Work on the first phase was completed on the weekend of 13 

and 14 May 2023.  

o  The second phase is substantially complete.   
o  Phase 3 and 4 are the A5 between Weedon Bec (Junction with 
A45) and Crick (Junction with M1 J18). The work on phase 3 
and 4 was completed on 12 May 2023.  

o  Work on Phase 5 from Crick (Junction with M1 J18) and 

Nuneaton (Junction with M69) is due to commence in early 
June 2023.  

o  The programme for phases 6 and 7 is still being finalised. 

4  DETAILS OF FURTHER ACTION PROPOSED SETTING OUT THE 

TIMETABLE FOR ACTION 

As the road resurfacing work on the A5 is taking place along a 47-mile stretch 
of the road it will take several months to complete. As the work programme for 
these  remaining  sections  is  confirmed  we  will  update  our  website  at 
https://nationalhighways.co.uk/our-roads/east-midlands/east-midlands-
maintenance-schemes/.  

In the meantime, our National Highways Inspectors are continuing to carry out 
twice weekly safety inspections of the road with temporary repairs carried out 
as  necessary  until  the  road  resurfacing  work  is  completed.  Once  completed, 
the inspections will then revert back to a weekly inspection.   

5  SAFETY OF ROAD USERS 

The safety of everyone on our road network matters; it is an imperative for our 
business in what we set out to achieve and a core value of our organisation in 
how we go about it.  

The action taken on the A5 to the road surfacing is designed in this light to help 
to prevent future deaths at this location. 

In addition to the surfacing, National Highways has delivered an improvement 
scheme on the A5 at the Paulerspury junction in March 2023. The safety 
improvement scheme at Paulerspury was identified and prioritised on the 
collision history at the location based on the validated data as published by 
the Department for Transport to reduce the incidence and severity of collisions 
at the location. The safety scheme installed anti-skid road surfacing and 
improved the warning signs for drivers and the visibility of road markings.  

2 

 
  
 
 
 
 
 
 
 
 
 
 
 
 6 

23rd May 2023  Signed: 

, Regional Director on behalf of 

3

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