James Scott

REGULATION 29 RESPONSE TO A REPORT TO PREVENT FUTURE DEATH 

THIS RESPONSE IS BEING SENT TO: 

The Area  Coroner  for  Hampshire,  Portsmouth  and  Southampton,  Rosamund 
Rhodes-Kemp,  in  response  to  a  ‘Regulation  28  Report  to  Prevent  Future  Death’ 
following an inquest hearing into the death of James Scott. 

1. 

NATIONAL HIGHWAYS 

I am Christine Allen, Regional Director, South East region, responding on behalf of 
Nick Harris, Chief Executive of National Highways Limited, Bridge House, 1 Walnut 
Tree Close, Guildford, Surrey GU1 4LZ. 

2. 

CORONERS MATTERS OF CONCERN 

The MATTERS OF CONCERN were identified as follows: 

(1)  The area is a known flood risk. 
(2)  Whilst  the  precise  cause  of  the  flooding  is  unknown,  a  more  regular 
maintenance schedule may have prevented the build-up of vegetation within 
the  gullies  and  therefore  assisted  in  the  drainage  of  the  heavy  rainfall 
experienced that day thus reducing the amount of surface water present on 
the road. 

(3)  The fact that only a Temporary Sign was in place in an area known for years 

to be a flood risk. 

(4)  The surface water was a contributory factor in this death. 

3. 

BACKGROUND 

  Location  

The  A33  Basingstoke  Road  southbound  near  Kings  Worthy  /  Abbots  Worthy 
carriageway is the responsibility of Hampshire County Council (HCC). The National 
Highways (NH) network then starts southbound opposite the London Road junction. 

The  HCC  section  of  the  highway  at  the  staggered  junction,  and  both  roads  of  the 
B3047,  fall  to  the A33  with  a  much  steeper  gradient  from  the  left  junction  from the 
B3037 Alresford. This results in the catchment for rain / surface water to naturally run 
down hill, being the A33 slip road. 

  Drainage 

This location is a recorded flood risk site over a distance of 1523 metres in length from 
the NH boundary at the London Road junction, start of A34 slip road to the end of the 
A33 southbound on slip where it meets the main A34. In relation to the incident on 5 
July 2024 and the coroner’s concerns, we have considered the flood events recorded 
within the first 400 metres of that flood risk site. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 The location of the incident is a recorded flood risk site. It is recorded as a category 
B  (High).  The  incident  on  5  July  2024  has  been  included  as  a  flood  event  in  the 
drainage  database  to  inform  the  categorisation  of  this  location.  The  grading 
assessment of flood risk sites is calculated automatically by our Geotechnical Data 
Management System (GDMS) monthly and is based on the number of reported flood 
events at each asset location.  There are only three reported incidents at this location 
in the last 5 years and no further flood events have been recorded in this area since 
July 2024. 

Upon receipt of the coroner’s concerns, we found there to be a lack of clarity on the 
ownership of the overall drainage system at this location. As a result, NH and HCC 
met on site on 12 September 2025, and this has now been clarified and agreed.   This 
clarification is set out further on in this response. 

  Maintenance 

As  a  recorded  flood  risk  site,  the  maintenance  frequency  is  increased  from  the 
standard of every two years to twice a year for drainage assets e.g. gullies, catchpits 
and channels (if applicable).  

 

Inspection 

We undertake various types of inspection of our network which serve to inform us of 
the state and operability of our assets, these inspection types are principally: 

o  Safety Inspections – these are driven inspections of the network conducted by 
our own Inspectors; at this location they take place on a weekly basis. These 
inspections  identify  any  areas  of  concern  and  defects  at  an  early  stage 
enabling assessment, prioritisation and rectification. Inspectors are aware of 
identified issues on their routes, including flood risk sites and focus attention 
on drainage assets in those locations. 

o  Condition  Surveys  –  these  are  technical  assessments  of  the  condition  and 
serviceability  of  the  assets,  for  drainage  assets  these  are  conducted  by 
specialist 3rd party contractors on a ‘find and fix’ basis to the Design Manual 
for Roads and Bridges (DMRB) standard CS 551 Drainage surveys - Part 13 
and  are  prioritised  based  on  the  GDMS  flood  risk  grading  of  an  area.   The 
grading of this area has not currently initiated a ‘find and fix’ scheme but we 
detail our plans outside of this later on in this response. 

The  inspection  regime  is  carried  out  in  accordance  with  our  standards  and  severe 
weather planning requirements. 

  Weather 

To confirm, there were no weather alerts in place for the area on the day of the incident 
or the days immediately preceding it.  

NH and our contractors monitor weather routinely due to the impact it can have on 
our business-as-usual activities. In the event of a weather alert (forecast) of severe 
weather, which includes heavy rain, an impact assessment is conducted to determine 
what, if any action is required to maintain the safety of road users on the network. A 
severe weather event for heavy rain fall, will trigger consideration of any specific areas 

 
 
 
 
 
 
 of vulnerability where additional measures may be required, or additional resources 
need to be stood up to affect a rapid response.  This includes locations identified as 
flood risk sites. 

In  the  event  of  severe  weather  that  is  likely  to  cause  disruption  or  impact  on  the 
network  we  invoke  the  process  detailed  in  our  Crisis  Management  Manual  (CMM) 
which sees us escalating our operating state from ‘Normal Operations’ to ‘Regional 
tactical 
Alert’.  This  state 
teleconferences  which  include  our  supply  chain  within  the  region  to  consider  the 
impact and any measures that may need to be actioned in advance of or in response 
to the threat.  Depending on the severity of the event this may include measures such 
as  additional  resources,  equipment  or  pre-emptive  work  prior  to  the  arrival  of  the 
inclement weather. 

triggers  multiple  actions 

including  briefings  and 

4. 

DETAILS OF ACTION TAKEN 

 

Inspections 

Our  weekly  safety  inspections  prior  to  the  incident  were  all  completed  and 
documented  with  no  drainage  follow  up  action  required.    Please  note  this  was 
conducted on one gully known to belong to NH at the time. Ownership of the drainage 
systems in the area has now been established with HCC. 

  Drainage 

The first drainage flood risk site visit of financial year 1 April 2024 to 31 March 2025 
was ordered on 23 April 2024 with a six-month window for completion.  The work was 
completed  on  31 August  2024.    The  drainage  flood  risk  site  visit  prior  to  this  was 
carried out on 23 November 2023 which was flood risk site visit two for the previous 
financial year.   

During these works the gully lid was lifted, vegetation and detritus cleared, and the 
gully jetted with any waste sucked out and removed. 

  M3 Junction 9 Improvement Scheme 

The location of the incident has now been taken under the management of the NH 
M3 Junction 9 (J9) major improvement scheme to improve congestion and traffic flow 
in the wider area. The scheme is being delivered by our supply chain and overseen 
by  ourselves.  In  circumstances  like  this  we  invoke  a  Detailed  Local  Operating 
Agreement  (DLOA)  which  sets  out  whether  the  scheme  or  normal  operations  is 
responsible for the maintenance and inspection activity in the area. The M3 J9 major 
improvement scheme has now taken responsibility for cyclic maintenance in this area 
until  completion  of their scheme scheduled  for March  2028.  Safety  inspections  will 
remain with our NH Inspectors but with the addition of regular driven site checks by 
the  scheme  Traffic  Safety  Control  Officer  (TSCO)  who  will  identify  and  act  on  any 
defects that arise.   

 
 
 
 
 
 
 
 
 
   Site Meetings / Maintenance Work 

On 21 August 2025 the M3 J9 scheme attended the area, strimmed and jetted the 
filter drains removing overburden and lifted manhole lids ensuring lines were cleared 
and unburdened with sediment.   

On 28 August 2025 our drainage engineers conducted a site visit to the location of 
the incident.  We were unsuccessful in our efforts to combine this meeting with HCC 
representatives however we have since completed a collaborative visit. NH identified 
the  following  additional  work  on  our  own  network  which  was  instructed  on  2 
September 2025: 

1.  Sweeping of kerb line on Northbound and Southbound carriageways between 

London Road and A34. 

2.  Check side entry inlets in whole area. 

3.  Removal of overburden across entire area. 

4.  Review  drainage  systems  from  the  St  Marys  Close  Pedestrian  crossing 

northwards to the London Road pedestrian crossing. 

5.  Repair  or  replace  eight  gullies  and  locate  outfalls  in  the  ditch  on  the 
southbound verge between Kings Worthy House and London Road pedestrian 
crossing. [This action required HCC collaboration to clarify ownership]. 

6.  Vegetation clearance in the ‘ditch’ line (HCC land) and clearance of 

the ditch to the River Itchen.  [As above this action required collaboration with 
HCC to clarify ownership].  

A  further  site  visit  was  conducted  on  12  September  2025.    This  was  attended  by 
HCC’s  Principal  Engineer,  Hampshire  Police  and  NH  Drainage  Engineers  plus 
representatives from the M3 J9 scheme. All attendees agreed to the remedial work 
instructed on 2 September 2025 above with the addition of: 

7.  M3 J9 scheme to arrange jetting of NH gullies to outlet.  

8.  A  review  of  resurfacing  extents  within  the  M3  J9  scheme  as  the  program 
currently stops approximately 25 metres short of the current NH boundary and 
an extension will avoid a double joint in a short distance. 

9.  M3  J9  scheme  to  review  if  drainage  can  be  improved  during  the  surfacing 
phase of the works to remove the flat spot at the rolling crown and to gain flow 
into  the  gullies  on  the  southbound  carriageway  between  London  Road  and 
Worthy Clinic. 

Full road closures of the area were implemented overnight on 15-16 September 2025 
where Items 1-4 and 7 above were completed.   

 
 
 
 
 
 
 
 
 
 
 
 
   Signage 

The temporary “Road liable to flooding” sign was on site at the time of the incident. 
Our review has found the sign can be seen on site on 27 April 2023 and 21 May 2024. 

At the first site visit on 28 August 2025, it was noted that the sign had been laid down 
on  the  verge,  this  was  reinstated  by  NH  that  day.  The  M3  J9  scheme  has  been 
instructed to ensure the sign remains in place until instructed to be removed by the 
NH Operations Directorate South East Drainage team upon completion of the actions 
proposed and a suitable period of monitoring. 

5 

DETAILS OF FURTHER ACTION PROPOSED 

 

Inspections 

Weekly safety inspections will continue as planned through the NH routine program. 

  Drainage Work 

In addition to Items 8 and 9 of the Maintenance Work above, the following further 
action is to be undertaken: 

1.  Review  of  any  further  works  identified  during  overnight  closure  on  15-16 

September 2025. 

2.  Further works to be considered by M3 J9 scheme on the central reserve due 

to the pedestrian crossing being moved out slightly to narrow the lane. 

            HCC to repair defective gullies at Itchen Abbas Road. 

3.  HCC  to  jet  and  clean  drainage  system  from  Itchen Abbas  Road  and  Kings 

Worthy House to outlet in ditch. 

4.  HCC to ensure ditch is clear and flowing. 

5.  HCC to investigate where ditch drains to and ensure functionality. 

6.  HCC  to  liaise  with  M3  J9  scheme  team  to  agree  traffic  management 

requirements and works they intend to undertake. 

7.  M3 J9 team to support HCC wherever possible to facilitate road space access 

to complete the HCC works. 

  Maintenance 

Regular  planned  maintenance  will  continue  in  accordance  with  the  frequency 
determined by NH flood risk sites.  This will be delivered by the M3 J9 scheme for the 
duration of their works that are due to be completed by March 2028. 

  Signage 

 
 
 
  
 
 
 
 
 
 
 
 
 
 
 No further signage action required at present due to extensive M3 J9 scheme traffic 
management and signage now in place. M3 J9 scheme to ensure that “Road liable to 
flooding” sign is not removed without prior consent of NH drainage engineers. 

6 

TIMETABLE FOR ACTION 

Date 
21/08/2025 

Action 
Central reserve filter drain remediated.  

28/08/2025 

15 – 
16/09/2025 

Re-instatement of ‘Road liable to flooding’ 
sign. 
Complete items 1-4, 6 and 7 of the 
Maintenance Work. 

Item 
Section 4 – Item 
1 
Section 4 - 
Signage 
Section 4 

31/12/25 

Repair / replacement of 3 NH owned gullies.  Section 4 – Item 

HCC remediation works including 5 gully 
repairs / replacements. 
Further works that may be required, such as 
surfacing or additional drainage. 

5 
Section 5 – Item 
2 
Section 4 – Item 
8-9 

TBC (HCC) 

TBC pending 
review of M3 
J9 program 

7 

SAFETY OF ROAD USERS 

The  safety  of  everyone  on  our  road  network  matters;  it  is  an  imperative  for  our 
business in what we set out to achieve and a core value of our organisation in how 
we go about it. The action taken and planned on the A33 is designed in this light to 
help to prevent future deaths at this location.  

8 

17 September 2025 

Signed: 

Christine Allen, Regional Director  
South East region