Prevention of Future Deaths reports · 2025
Regulation 28 report to prevent future deaths, reference 2025-0324, written 26 Jun 2025. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 26 Jun 2025 |
|---|---|
| Reference | 2025-0324 |
| Deceased | Michael Kerslake |
| Coroner | Vanessa McKinlay |
| Coroner area | Somerset |
| Category | Accident at Work and Health and 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.
1 2 3 4 REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: Richard Murphy, Director, Kenny & Murphy Limited CORONER I am Vanessa McKinlay, Assistant Coroner for Somerset 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 2 October 2024 I commenced an investigation into the death of Michael Ernest Kerslake. The investigation concluded at the end of the inquest on 20 June 2025. The conclusion of the inquest was: Accidental Death. CIRCUMSTANCES OF THE DEATH Kenny & Murphy was the landlord company for Colley Lane Industrial Estate in Bridgwater where the accident occurred on 7 September 2023. Mr Kerslake’s fatal injuries were sustained when he was tasked by a different company to strim vegetation at two specific sites on the estate. Having completed those two sites, he proceeded (uninstructed) to strim the vegetation at the foot of an electricity pylon on the estate. The machinery used was a petrol-driven brush cutter with a metal blade. In the course of strimming, Mr Kerslake cut through an 11kV electricity cable which was attached in the usual way to one of the vertical wooden poles of the pylon. The blade of the machine cut through the cable guard and the cable itself, causing the electrical explosion in which Mr Kerslake was injured. The jury found that the medical cause of death was: 1a Multi-organ Dysfunction Syndrome 1b 52% Total Body Surface Area Burns 1c Electrical Explosion 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. There was no risk assessment in place warning workers on the estate of the risks of using machinery in the vicinity of electrical equipment. 2. Kenny & Murphy no longer own the estate in question but they own other sites. 3. It remains the case that no risk assessment as described above is in place. 6 7 8 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I 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 August 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 I have sent a copy of my report to the Chief Coroner and to the following Interested Persons: (Mr Kerslake’s son) The Health and Safety Executive 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. She may send a copy of this report to any person who she 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 26 June 2025 Vanessa McKinlay Assistant Coroner for Somerset
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.
CAUTION: This message is from an External Sender. Please take care when clicking links or opening attachments. If you are suspicious of it, please report it using the 'Report Message' button in Outlook. Dear Madam Coroner I confirm receipt of and the following action in respect of the Regulation 28 Report to Prevent Future Deaths dated 26 June 2025 and your concerns. Kenny & Murphy Ltd sold the incident site together with the main part of the Estate in March, 2024 and so have no influence over those tenants. Kenny & Murphy Ltd currently own one site at Bridgwater and a 50% interest in two sites at Southampton. We have undertaken an assessment on all three sites and submit that they differ from the incident site as they only have one tenant per site and there are no shared areas outside of their individual control and responsibility. None of the sites has any H Pole within its boundary or any transformer to handle incoming electricity at the same 11000v level. However, I have taken steps to discuss with the tenants the concerns raised by yourself regarding working safely around electricity and have also provided the tenants with the NGED "Stay Away Stay Safe!" leaflet and a copy of the HSE Electricity at Work Safe Working Practice document HSG85. I trust that this complies with my responsibilities in accordance with the PFD Report. Yours faithfully ********************************************************************** This e-mail is intended for the named individual(s) only and may contain information which is protected in law. If you have received this e-mail in error, you may not read, copy, disseminate or otherwise deal with it. In this case, please delete the e-mail and contact the sender immediately. Internet e-mail is not secure. Therefore Avon and Somerset Constabulary does not accept legal responsibility for the contents or distribution of this message including file attachments. Any views or opinions presented are solely those of the author and do not necessarily represent those of Avon and Somerset Constabulary. All reasonable
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