Prevention of Future Deaths reports · 2025
Regulation 28 report to prevent future deaths, reference 2025-0022, written 13 Jan 2025. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 13 Jan 2025 |
|---|---|
| Reference | 2025-0022 |
| Deceased | Tobias Barraclough |
| Coroner | Martin Fleming |
| Coroner area | West Yorkshire Western |
| Category | Road (Highways Safety) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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: 1 Department for Transport 2 (Secretary of State for Transport) 1 CORONER I am M D FLEMING, HM Senior Coroner for the coroner area of West Yorkshire Western Coroner Area 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 01/11/2023 I opened an inquest into the death of Joseph Samuel Walsh who at the date of his death was aged 19 years old. In addition upon 22/11/2023 I opened the inquest into the death of Tobias Crowther Barraclough, who at the date of his death was aged 18 years old. Their inquests were adjourned and both resumed and heard together and concluded by me on Tuesday 17th December 2024. In the case of Joseph Samuel Walsh I found that the cause of death to be: - 1a Head Injuries In the case of Tobias Samuel Walsh I found the cause of death to be:- 1a Severe traumatic and hypoxic brain injuries 1b Road Traffic Collision causing injuries to the brain face and chest The conclusion of both inquests was Road Traffic Collision CIRCUMSTANCES OF THE DEATH 4 On 20/10/2023 Joseph Samuel Walsh was driving his motor car and carrying Tobias Crowther Barraclough along with 3 other passengers (aged 18), (aged 18), (aged 17). All had been (aged 18) and previously celebrating a birthday in a local public house and consumed alcohol. Joseph’s post mortem found that he had consumed both alcohol and cocaine, which would have placed him over the legal limit to drive. As Joseph drove the car along Brow Lane, Shelf, Halifax, a residential road with a 20mph speed limit, he lost control of the vehicle and collided with a wall, causing him to instantaneously sustain fatal injuries from which he died at 23:54. Sadly, although Tobias was taken to hospital, he later succumbed and died from his injuries upon 12/11/2023. The surviving passengers sustained injuries as a result of the collision. CORONER’S CONCERNS 5 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: Regulation 28 – After Inquest Document Template Updated 30/07/2021 (brief summary of matters of concern) Joseph was aged 18 at the time of his death following the collision and had passed his driving test in May 2023. This was five months prior to the collision. At the time of the collision, he was legally carrying 5 young friends. Currently there are no legal restrictions upon the licences of young and /or newly qualified drivers and the current vehicle licensing regime permits the carrying of young persons as passengers in circumstances such as these Young drivers may be more likely to be involved in a collision with similar aged passengers in the car. I would ask you to consider the appropriateness of reviewing the current provisions since I am concerned that there will be further like tragic deaths. 6 ACTION SHOULD BE TAKEN 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 March 07, 2025. 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 8 I have sent a copy of my report to the Chief Coroner and to the following Interested Persons – Joseph’s father – Joseph’s mother – Tobias’ father – Tobias’ mother I have also sent it to who may find it useful or of interest. 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: 13/01/2025 M D FLEMING Regulation 28 – After Inquest Document Template Updated 30/07/2021 HM Senior Coroner for West Yorkshire Western Coroner Area Regulation 28 – After Inquest Document Template Updated 30/07/2021
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.
Mr M D Fleming
Senior Coroner for West Yorkshire Western
Coroner Area
HM Coroner's Court Cater Building
1 Cater Street
Bradford
BD1 5AS
From the Parliamentary
Under Secretary of State
Great Minster House
33 Horseferry Road
London
SW1P 4DR
Tel: 0300 330 3000
E-Mail:
Web site: www.gov.uk/dft
Our Ref:
6 March 2025
Dear Mr Fleming,
Thank you for your reports of 13 January made under the Coroners and
Justice Act 2009 and the Coroners (Investigations) Regulations 2013,
following the inquests you conducted into the deaths of Joseph Samuel
Walsh and Tobias Crowther Barraclough.
I am deeply saddened by the circumstances of Joseph Walsh and Tobias
Barraclough’s deaths, and I would like to extend my condolences to their
families.
I am determined that we learn from tragedies like this and that we take action
to reduce those killed and injured on our roads.
I want to assure you that improving road safety is one of my Department’s
highest priorities. Too many people are killed and seriously injured in road
traffic collisions, and this Government will work hard to prevent these
tragedies for all road users. My Department is developing our road safety
strategy and will set out more details in due course.
Whilst UK roads are among the safest in the world, there is no room for
complacency, and I have carefully considered your report and its
recommendations.
The latest statistics do show that the number of fatalities for car drivers aged
17-24 years-old on Britain’s roads is falling - from 448 in 1990 to 90 in 2023,
which is an 80% total decrease. However, there is still more to be done
because in terms of population and the number of miles driven, 17–24-year-
olds, particularly young men, remain one of the highest fatality risk groups
both as car drivers and passengers.
Whilst we are not considering Graduated Driving Licences, we absolutely
recognise that young people are disproportionately victims of tragic incidents
on our roads. As work progresses on the new road safety strategy, we are
exploring options to tackle the root causes of this without unfairly penalising
young drivers.
I am also aware that drug and alcohol use was a factor in this collision. There
are already strict penalties in place for those who are caught driving under
the influence of drink or drugs. Nevertheless, we are considering further
policy options with regard to motoring offences.
I would like to reiterate that this Government treats road safety with the
utmost seriousness, and we are committed to reducing the numbers of those
killed and injured on our roads.
Best wishes,
MINISTER FOR THE FUTURE OF ROADS
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