Prevention of Future Deaths reports · 2024
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 report | 25 Oct 2024 |
|---|---|
| Reference | 2024-0579 |
| Deceased | Mark Eccles |
| Coroner | Hugh Bricknell |
| Coroner area | Herefordshire |
| Category | Road (Highways Safety) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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
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.
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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