Prevention of Future Deaths reports · 2023

John Shenton

Regulation 28 report to prevent future deaths, reference 2023-0282, written 2 Aug 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report2 Aug 2023
Reference2023-0282
DeceasedJohn Shenton
CoronerJohn Ellery
Coroner areaShropshire, Telford and Wrekin
CategoryOther 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.

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REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1. 

Health & Safety Manager 
The Range 
Elsie Margaret House 
William Prance Road 
Plymouth PL6 5ZD 

CORONER 

I am Mr John Penhale Ellery, Senior Coroner, for the coroner area of Shropshire, Telford 
& Wrekin. 

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 

On  the  25th  April  2023  I  commenced  an  investigation  into  the  death  of  John  Neil 
SHENTON. 
The investigation concluded at the end of the inquest on the 1st of August 2023 with a 
conclusion of Accidental Death. The medical cause of death was Ia) Bronchopneumonia 
Ib)  Fractured  Ribs  and  II)  Chronic  Obstructive  Pulmonary  Disease,  Type  II  Diabetes 
Mellitus 

CIRCUMSTANCES OF THE DEATH 

On the 17th April 2023 Mr Shenton, together with his wife and son, went to the  
The Range, Forge Retail Park, Telford TF3 4PB.  

Mr  Shenton  was  82  years  of  age  with  limited  mobility  and  was  to  that  extent 
vulnerable.  They  initially  tried  to  use  the  lift  in  the  store  but  it  was  not  in  operation. 
They went to the first floor by escalator and subsequently Mr Shenton fell stepping on 
the descending escalator. Mr Shenton sustained injury and sadly as a result died 4 days 
later at the Princess Royal Hospital, Telford on the 21st April 2023. The circumstances of 
the  accident  were  investigated  and  are  set  out  in  a  report  from 
Telford & Wrekin Council Environmental Health Officer.  

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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) At  the  inquest  you  not  aware  of  the  report  and  the  recommendations/action
required as set out in paragraphs 5.1 to 5.8.

(2) Those actions remain outstanding and should be addressed.

(3) Essentially whilst the descending escalator was fit safe for a non-vulnerable person
more should be done to protect a vulnerable person, particularly if they have to use the
escalator when the lift is not in operation.

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ACTION SHOULD BE TAKEN 

In  my  opinion  action  should  be  taken  to  prevent  future  deaths  and  I  believe  your 
organisation have the power to take such action. 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this report, 
namely by 27th September 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. 

COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner.  

I have also sent it to 

, son of the deceased on behalf of the family. 

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. 

Mr John Penhale Ellery 
Senior Coroner 
Shropshire, Telford & Wrekin 

2nd August 2023

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 The Range (PDF)
Garden

-R Home
[RKaN i
- g Leisure

Response to — 28 oe to a future deaths

Dear Mr Ellery

Re: The late John Neil Shenton deceased
Inquest: 1 August 2023
Location: Coroners Court, Shrewsbury

Actions taken and to be taken.

We write further to the Inquest touching the death of John Neil Shenton which took place on 1
August 2023 and the related Regulation 28 Report dated 2 August 2023.

Firstly, we would like to take this opportunity to again confer our condolences to Mr Shenton’s
family. We were deeply saddened to learn of his passing.

As you know, an investigation was carried out and a report subsequently produced by |

Environmental Health Officer, Telford and Reeking Council. The Coroner's concerns were
directly related to the findings of that report and, in particular, the recommendations/actions
required as set out in paragraphs 5.1 to 5.8. We think it is important and fair to reiterate the
Coroner’s note made in the Regulation 28 Report which stated that we had not been provided with a
copy of [J report prior to the inquest and we therefore did not have an opportunity to
make appropriate submissions about the report.

Nevertheless, listed below are the actions taken in response to the recommendations made by

1.1 Assess site specific risk posed to vulnerable people and others using the escalator to travel to
and from the first floor if the passenger lift is not available. This assessment should extend to
customers wanting to move large or heavy items between floors.

Actions;
The escalator and lift risk assessment has been reviewed and updated.

' Appropriate customer information signage will be located at the lift and the escalator in the event of
a breakdown, advising customers to seek assistance if they require assistance to move between the
floors. Where possible the access route may include the opening of a fire escape staircase provided
that there in risk to the customer's safety.

When opening new stores or if an existing store is fitted with an escalator, members of staff will be
located at the escalators for an initial period to offer guidance and assistance to customers
unaccustomed to escalators.

Risk assessment amended.

1.2 The daily escalator checks and observations should be recorded.

Actions:

The existing weekly recorded checklist now incorporates the daily informal visual checks.

Head Office Switchboard/Business enquiries T: +44 (0) 1752 725572 W: therange.co.uk

Office | Elsie Margaret House | 15 William Prance Road | Plymouth | Devon PL6 5ZD | United Kingdom

CDS (Superstores International) Ltd | Company Registration No: 2699203 | VAT Registration No: 591272335

rch: The Range UK WO OOOO

Garden

-R Home
[RKaN i
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Response to Regulation 28 Report to prevent future deaths

1.3 The illumination readings that are taken by The Range/CDS after an escalator is installed but
prior to its use are recorded to demonstrate compliance to BS EN115-1:2017

Actions:
CDS have been made aware and the risk assessment amended.

1.4 Staff are trained in how to react if there is a problem with the escalator, including the
appropriate use of the emergency button (following the accident on 27/04/2023).

Actions:

A toolbox talk has been created and issued.
Risk assessment updated.

Non-mandatory recommendations

1.5 Recommendation that checks put in place to ensure that the time recorded on CCTV footage is
accurate.

Action:
Store advised to make regular checks and amend time if required.

1.6 Recommendation that audible warning be considered to prompt users to embark disembark
the escalator.
Action:

The reasoning for this recommendation is not known. There does not appear to be any evidence
that Mr Shenton was unaware that he was about to step onto the escalator and we would
respectfully submit that an audible warning would not have improved the safety of the escalator on
the day of the incident. We would also therefore respectfully submit that a lack of audible warning
should not give rise to an ongoing concern for the Coroner. It is quite common for escalators to
operate without an audible warning system in place.

In any event, we are investigating the feasibility and likelihood of improved safety of retro fitment of
an audible warning system as a matter of good practice.

1.7 Recommendation that obstructions be removed if they block CCTV coverage of the top of the
escalator.

Action:
Item removed.
incorporated into risk assessment.

1.8 Recommendation for the addition of high visibility paint to the nosings of the escalator
moving treads which could make the edge more visible; this demarcation could encourage users to
stand correctly on the step. :

Action:

To be trialled and the effectiveness and longevity of the paint evaluated. As part of the evaluation
the company will consider the level of risk posed by escalators taking into account the speed and

Head Office Switchboard/Business enquiries T: +44 (0) 1752 725572 W: therange.co.uk

Office | Elsie Margaret House | 15 William Prance Road | Plymouth | Devon PL6 5ZD | United Kingdom
CDS (Superstores International) Ltd | Company Registration No: 2699203 | VAT Registration No: 591272335

-R Home
E Nn |
- Gd g Leisur

Garden

Response to Regulation 28 Report to prevent future deaths

gradient of the installation, as well as historical accident data. We anticipate that the trial will during
October 2023.

We trust that the above information meets the requirements of Regulation 28 but please do not
hesitate to contact me if you require any further information.

Yourssincerel

Health and Safety Manager (UK and Ireland)

Head Office Switchboard/Business enquiries T: +44 (0) 1752 725572 W: therange.co.uk

d Office | Elsie Margaret House | 15 William Prance Road | Plymouth | Devon PL6 5ZD | United Kingdom
CDS (Superstores International) Ltd | Company Registration No: 2699203 | VAT Registration No: 591272335

earch: The Range UK WO OOOO

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