Prevention of Future Deaths reports · 2024

Mark Eccles

Regulation 28 report to prevent future deaths, reference 2024-0579, written 25 Oct 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report25 Oct 2024
Reference2024-0579
DeceasedMark Eccles
CoronerHugh Bricknell
Coroner areaHerefordshire
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

H G Mark Bricknell
Senior Coroner
for County of Herefordshire

25th October 2024

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO: EE Chief Executive, Herefordshire Council

1 CORONER

lam Hugh Gregory Mark Bricknell, Senior Coroner for County of Herefordshire

2 CORONER’S LEGAL POWERS

| 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.

http://www. legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7

http://www. legislation.gov.uk/uksi/2013/1629/part/7/made

3 INVESTIGATION and INQUEST

On 7th July 2022 | commenced an investigation into the death of Mark Francis ECCLES. The investigation
concluded at the end of the inquest on 18th October 2024. The conclusion of the inquest was
Road Traffic Collision.

4 CIRCUMSTANCES OF THE DEATH

The deceased was an advanced motorcyclist. Whilst on the B4361, Mr Eccles has been approaching the
junction with the 92620 on his near side. A vehicle has been at this junction looking to go straight ahead,
and as a result has then pulled out in front of the motorcycle of Mr Eccles. His death was confirmed at
18:06 on the 30th June 2022.

5 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) Visibility at the junction is limited.

(2) The junction is subject to the National Speed Limit

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you, 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
20 December 2024. |, 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

| have sent a copy of my report to the Chief Coroner and to the following Interested Persons lil

ME 2c Orleton Parish Council. | have also sent it to who may find it

useful or of interest.
| 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.

25th October 2024

Signature a
HG Mark Bric id Coroner: Herefordshire

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 Herefordshire Council (PDF)
Team:  Chief Executive 

Please ask for: 

Direct line: 

Email: 

Date:  17 December 2024 

PRIVATE AND CONFIDENTIAL 

HG Mark Bricknell 
HM Senior Coroner 
Town Hall 
St Owen Street 
Hereford 
HR1 2PJ 

. 

Dear Mr. Bricknell 

Mark Francis Eccles (MB/MD/5039/22) 

I write further to your Regulation 28 report dated 25 October 2024, to prevent future deaths, 
following an investigation into the death of Mark Francis Eccles. 

I have noted the matters of concern that you have raised, and would respond as follows. 

1. 

Visibility at the junction is limited. 

It should be noted that the Council’s Highways Accident Investigation and Safety Manager visited 
the site, where the accident occurred with the Police, which is a standard practice with all fatal 
collisions, and as a result made the following assessment: 

a)  Since the collision, the landowner has reduced the original boundary hedge/fence so as to  

improved visibility.  

b)  However, significant improvements in visibility would involve modifying the verge height, 
removal of earthworks, and altering the vertical profile of the B4362, which is a sizable 
piece of engineering work. 

c)  In response to your report, the Council will now install an “official” highways mirror to 
improve visibility at this junction, and the existing one that has been privately installed 
since the collision will be removed.  

As set out in Herefordshire Council’s existing Road Safety Policy, the Council undertakes an 
annual review and analysis of all locations which have higher numbers of Personal Injury Road 
Traffic Collisions throughout the county. Following detailed investigation, engineering 
improvements are implemented, in line with existing prioritisation criteria and budgetary 
constraints. This accords with the Council’s Statutory Duty under Section 39 of the Road Traffic 
Act 1988.  

Plough Lane, Hereford HR4 0LE 
herefordshire.gov.uk | facebook: hfdscouncil | twitter: @hfdscouncil | instagram: hfdscouncil 
V6 08/08/23 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
  
 At this specific location, there has been one further personal injury collision in the last 20 years, 
and it has not therefore featured in the prioritised list for engineering works or other 
improvements. 

As you will be aware the features and challenges found at this location are not dissimilar to a 
significant percentage of Herefordshire’s historical road network. These networks were 
constructed prior to current design standards and will be replicated across a sizeable proportion 
of roads across the United Kingdom.  

You will appreciate that with limited funds, it means that as a Highway Authority the Council is 
simply unable to address the sites with fewer accidents, instead having to prioritise works on 
those locations with a higher numbers of personal injury accidents. 

As the budget for 2024/25 year is already fully committed for scheme delivery, we will 
nonetheless reassess this location as part of the upcoming 2025/6 year, with a view to determine 
if any improvements to visibility are justified as a priority, over and above other schemes.  If they 
do, then the Council will undertake the necessary works next year. We will write to you of the 
progress in this regard at the appropriate time. 

2.  The junction is subject to the National Speed Limit 

It should be noted that this junction is subject to the National Speed Limit. The character and 
nature of this road conforms with appropriate Department for Transport criteria when setting 
speed limits, and it does not recommend the use of speed limits to tackle individual, isolated 
locations like this junction. 

Given your concerns, however, the Council will review the enforcement arrangements with the 
Police and will inform you of our assessment if such measures are to be implemented on this 
location.  

I trust you will find the Council’s response as outlined above as proportionate to the concerns 
you have raised.  

In conclusion, it needs to be stressed that the Council takes all accidents seriously, and where 
appropriate implements measures to make the highways network safer provided the threshold 
for number of road accidents on individual sites is met. 

Your sincerely 

CHIEF EXECUTIVE

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