Prevention of Future Deaths reports · 2024

John Gray

Regulation 28 report to prevent future deaths, reference 2024-0028, written 19 Jan 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report19 Jan 2024
Reference2024-0028
DeceasedJohn Gray
CoronerNigel Parsley
Coroner areaSuffolk
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.

Regulation 28: REPORT TO PREVENT FUTURE DEATHS 

REGULATION 28 REPORT TO PREVENT DEATHS 

THIS REPORT IS BEING SENT TO: 

Chief Executive Officer 
East Suffolk Council 
Station Road 
Melton 
Woodbridge 
IP12 1RT 

1  CORONER 

I am Nigel PARSLEY, HM Senior Coroner for the coroner area of Suffolk 

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 20 July 2022 I commenced an investigation into the death of: 

John Thomas GRAY 

The investigation concluded at the end of the inquest on 10 January 2024.  The conclusion 
of the inquest was: 

Accidental Death 

The medical cause of death was confirmed as: 

1a  Pneumonia 
1b  Fractured Ribs, Splenic and Renal Haematoma 
1c  Trauma 
II  Frailty, Asthma, Obstructive Sleep Apnoea, Stroke 

4  CIRCUMSTANCES OF THE DEATH 

John Gray died at Ipswich Hospital, Heath Road, Ipswich in Suffolk, on the 13th July 2022. 

John had been admitted to the Ipswich Hospital on the 9th July 2022, after his mobility 
scooter drove off the promenade at Felixstowe beach, after John had fallen asleep. 

At the location this occurred, there was no barrier in place to prevent a fall, and the drop 
was one of several feet. 

In his fall, John suffered multiple rib fractures leading to respiratory failure. 

John’s condition continued to deteriorate following his admission, and he passed away at 
04:30, on the 13th July 2022. 

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

 
 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: 

Evidence was heard that the height of drop from the edge of the promenade to the sand at 
the location John fell, whilst on his mobility scooter, was approximately 5 feet. 

The court was told that, at a number of locations, the height from the edge of the 
promenade to the sand was prone to change, and a system was in place to monitor this. It 
was however, acknowledged, that unusual high tide conditions, and/or weather activity 
could significantly change the drop height in a short period of time. 

Evidence heard that at high-risk locations, such as areas with persistent long drops, drops 
onto concrete, or drops onto rock sea defences, permanent barriers were installed. 

In other areas signage and/or painted markings were used to highlight the risks of a 
potential fall. 

It was acknowledged that individuals on mobility scooters were known to regularly access 
and use the promenade. Due to the demographics of the local area it was acknowledged 
that the use of mobility scooters on the promenade may increase in the future. 

Evidence was also heard from a mobility scooter supplier and engineer, who explained that 
falling asleep on a mobility scooter was not uncommon, and happened more frequently 
than the general public might think. The supplier explained that this often led to accidents, 
leading to damage to the mobility scooters, which required repair. 

I am therefore concerned that falls from the promenade onto the beach, in areas where 
there is no barrier, would occur again in similar circumstances, as the current signage and 
markings provide no warning to an individual asleep on their mobility scooter. 

If this were to occur (as in this case) in an area where the height of drop from the edge of 
the promenade to the sand was greater than normally expected, I am concerned this would 
lead to future loss of life. 

6  ACTION SHOULD BE TAKEN 

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

7  YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this report, 
namely by March 15, 2024.  I, the Senior 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: 

1.  John’s next of kin 
2.  East Mobility Services (EA) Ltd 
3.  Motability Operations Limited 

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

 4.  Howard House Surgery 

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 Senior Coroner, at the time of your 
response, about the release or the publication of your response by the Chief Coroner. 

9  Dated: 19/01/2024 

Nigel PARSLEY 
HM Senior Coroner for 
Suffolk 

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 East Suffolk Council (PDF)
Response to Regulation 28 Prevention of Future Deaths Report 

Executive Summary 
East Suffolk Council notes the coroner’s findings. 

In this document, we address the areas of concern and describe steps already taken and considerations for 
the future.    

In light of the incident, and prior to the coroner’s conclusion being published, East Suffolk Council reviewed 
its risk assessments to ensure risks relating to all users, including those with mobility scooters, were 
considered.  The result of those risk assessments forms the basis of the response below.   

Coroner’s Concerns 

•  Evidence was heard that the height of drop from the edge of the promenade to the sand at the 

loca�on John fell, whilst on his mobility scooter, was approximately 5 feet. 

•  The court was told that, at a number of loca�ons, the height from the edge of the promenade to 

the sand was prone to change, and a system was in place to monitor this. It was however, 
acknowledged, that unusual high �de condi�ons, and/or weather ac�vity could significantly change 
the drop height in a short period of �me. 

•  Evidence heard that at high-risk loca�ons, such as areas with persistent long drops, drops onto 

• 

concrete, or drops onto rock sea defences, permanent barriers were installed. 
It was acknowledged that individuals on mobility scooters were known to regularly access and use 
the promenade. Due to the demographics of the local area it was acknowledged that the use of 
mobility scooters on the promenade may increase in the future. 

Coroner’s Conclusions 
The coroner has concluded that “in my opinion action should be taken to prevent future deaths and I 
believe you or your organisation have the power to take any such action you identify.” 

He further concludes “I am therefore concerned that falls from the promenade onto the beach, in areas 
where there is no barrier, would occur again in similar circumstances, as the current signage and markings 
provide no warning to an individual asleep on their mobility scooter. If this were to occur (as in this case) in 
an area where the height of drop from the edge of the promenade to the sand was greater than normally 
expected, I am concerned this would lead to future loss of life.” 

Action Taken 

Risk Assessments  
Carried out new risk assessments as a matter of priority, updating the H&S Risk Assessment for Felixstowe 
Promenade with reviews carried in November 2023 and February 2024. 

Developed New Policies and Practices 
East Suffolk Council Visitor Safety Management Policy (draft format, February 2024) 
East Suffolk Council Visitor Safety and Asset Inspection Strategy (draft format, February 2024) 
East Suffolk Council H&S Risk Assessment for Felixstowe Promenade (draft format, February 2024) 

 
 
 
 
 
 
 
 
 
 
 What we propose to do: 

•  Commission a full disability Access Audit of the promenade and its environs by a Centre for 

Accessible Environments (CAE) accredited assessor. 

•  Where required install guardrails (possibly removable) or other physical measures, such as corduroy 
paving, along full length of promenade edge or at par�cular higher risk points, such as entrance 
points/ramps off the road and loca�ons where falls are onto rocks or hard surfaces (all subject to 
12 months monitoring of beach levels and full disability Access Audit). 

•  Monitor beach levels at the entrances/ramps to the promenade off the road for 12 months to 

inform need for addi�onal guardrails or seasonal relevelling of sand and shingle. 

•  Renew exis�ng hazard line markings  
•  Where required extend hazard line markings along edges not currently marked  
• 

Inves�gate the effec�veness and prac�cality of seasonal (or more frequent relevelling of sand and 
shingle). 

Install signage where there is a risk of fluctua�ng beach levels. 

•  Publicity campaign with other stakeholders to highlight promenade hazards and promote safety. 
• 
•  Publicity campaign with other stakeholders to highlight promenade hazards and promote safety. 
•  Con�nue to monitor the structural integrity of the exis�ng barriers and to maintain them.   
•  We propose to request an up-to-date Safety Audit from Suffolk County Council Highways in rela�on 

to highway aspects of the promenade and the road next to it.  This will include vehicle and 
pedestrian movements, signage, cycling, line markings, speed limits, road barriers, kerbs etc. 

In addition, we note “evidence was also heard from a mobility scooter supplier and engineer, who 
explained that falling asleep on a mobility scooter was not uncommon, and happened more frequently than 
the general public might think. The supplier explained that this often led to accidents, leading to damage to 
the mobility scooters, which required repair.”  

We would add that there have been no similar accidents that we are aware of on any land within East 
Suffolk Council’s ownership.  Therefore, the mitigations that we consider need to be proportionate to the 
risk presented.  The Council’s view is that this is largely outside of our control.  We would urge mobility 
scooter leasing companies to monitor distribution in cases such as this where an individual has a history of 
falling asleep due to medication and encourage medical professionals, family members and individuals 
themselves to recognise the risk that falling asleep on a mobility scooter presents in any circumstances and 
where this is identified, consider appropriate actions.

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