Shahbaz Salim
PFD Report
All Responded
Ref: 2017-0237
All 1 response received
· Deadline: 17 Nov 2017
Sent To
Response Status
Responses
1 of 1
56-Day Deadline
17 Nov 2017
All responses received
About PFD responses
Organisations named in PFD reports must respond within 56 days explaining what actions they are taking.
Source: Courts and Tribunals Judiciary
Coroner’s Concerns
c. The scene of the collision is in a natural ‘bowl’ and that, unless effectively drained, it is a point at which standing water will accumulate during and/or after heavy rainfall;
d. The gap in the vehicle restraint barrier (Highways England’s location code X-465224,Y-328926) at the entrance to the land owned and/or occupied by . (and registered at the Land Registry under title number NT514257) is a hazard to traffic in that it permits vehicles to pass unimpeded from the carriageway.
d. The gap in the vehicle restraint barrier (Highways England’s location code X-465224,Y-328926) at the entrance to the land owned and/or occupied by . (and registered at the Land Registry under title number NT514257) is a hazard to traffic in that it permits vehicles to pass unimpeded from the carriageway.
Responses
Response received
View full response
Dear Sirs, REGULATION 28 REPORT IN THE CASES OF THE LATE SHAHBAZ BHIM AND SANA SUTRIA, DECEASED On behalf of of Highways England, Please find attached the response from Highways England relating to the above inquest. We have also emailed a copy to the email addresses for If there is anything further we can do to help, please let us know. Kind Regards Red & Green Claims Manager Highways England | Stirling House (Area 7) | Lakeside Court, Osier Drive | Sherwood Business Park | Nottingham | NG15 0DS Web: http://www.hiqhways.gov.uk
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS RESPONSE IS BEING SENT TO:
1. The Assistant Coroner for Nottinghamshire, of The Council House, Old Market Square, Nottingham, NOTTINGHAMSHIRE NG1 2DT in response to a ‘Regulation 28 Report to Prevent Future Deaths’ following an inquest hearing into the deaths of Shahbaz BHIM and Shana SUTARIA that concluded on 21 September 2017. 1 HIGHWAYS ENGLAND I am Chief Executive of Highways England Company Limited of BridgeHouse, 1 Walnut Tree Close, Guildford, SURREY, GU1 4LZ. 2 CORONER’S MATTERS OF CONCERN The MATTERS OF CONCERN were identified are as follows
a. The scene of the collision is in a natural ‘bowl’ and that, unless effectively drained, it is a point at which standing water will accumulate during and/ or after heavy rainfall; and
b. The gap in the vehicle restraint barrier (Highways England’s location code X- 465224,Y-328926) at the entrance to the land owned and/or occupied by (and registered at the Land Registry under title number NT514257) is a hazard to traffic in that it permits vehicles to pass unimpeded from the carriageway. 3 DETAILS OF ACTION TAKEN
a. The drainage scheme is progressing as planned through the design and development phases with an estimated start date on the A46 in February 2018. The work will take place over a period of approximately 20 weeks with a planned completion date of June 2018. We are in communication with the family of Mr BHIM (as the agreed contact) to keep the families of Mr BHIM and Miss SUTARIA up-to-date on the progress of the proposed scheme. Dates were provided to Mr BHIM on 10 October 2017 to meet the family members to share the proposed plans, and to visit the site ahead of the start of the works. The visit is planned for 20 November 2017.
b. HighwaysEngland are in discussions with and his land agent ( Shouler & Son) regarding the removal of the access to the field which will allow us to install a continuous vehicle safety restraint barrier. Communication was made with during week commencing 25 September 2017 immediately following the inquest. As a result, discussions with began on the 4 October 2017 and continued on the 23 October 2017. and his land agent understand the Coroner’s reasons for raising the entrance to the field as a matter of concern and are open to discussions on how the closure of the access can be achieved. Highways England will assess the options to remove the access to the field and close the corresponding gap in the centre reservation. Highways England Land Team will assist in assessing the relevant costs and allow us to place a reasonable monetary value on the land access so that we are able to offer this to in return for closing the existing access. 1
4 DETAILS OF FURTHER ACTION PROPOSED
a. The proposed drainage scheme will take into account various assets as well as the drainage to improve this section of the A46 at Widmerpool. The drainage work will include the removal of silt from ditches, repairing / replacing necessary pipework, and the deep cleansing and jetting of pipes, gullies, catch pits and manholes. In addition, further drainage will be installed adjacent to the bottom of the slip road in the vicinity of the railway bridge, in addition to the standard requirements.
b. Once an agreement has been reached with we can implement the vehicle restraint barrier alterations in the same timescales as the drainage scheme. This piece of work is being prepared separately to, but in conjunction with, the above drainage scheme as the delivery rests on reaching an agreement with Mr TAYLOR. 5 TIMETABLE FOR ACTION DATE ACTION 10 November 2017 Present the final design pack for the scheme for Highways England internal sign off. 20 November 2017 Meet with the families of Mr BHIM and Miss SUTARIA to share the proposed plans and visit the site. 30 November 2017 Highways England Land Team will detail the relevant value of the land access to allow continuing discussion with Feb 2018 - June Scheme implemented to address the drainage issues and close 2018 the gap. 6 SAFETY OF ROAD USERS The safety of our road users 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 scheme identified is designed in this light to help to prevent future deaths at this location. 7 COPIES I have sent a copy of my response to of Turnpike Farm, Hickling Pastures, Melton Mowbray, LEICESTERSHIRE, LE14 3QG (cc. , Shouler & Son) as the other party to your Regulation 28 Report (dated 22 September 2017) who has the power to take such action in collaboration with Highways England to prevent future deaths at this location. 8 15 November 2017 Signed: , Regional Director, on behalf of 2
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS RESPONSE IS BEING SENT TO:
1. The Assistant Coroner for Nottinghamshire, of The Council House, Old Market Square, Nottingham, NOTTINGHAMSHIRE NG1 2DT in response to a ‘Regulation 28 Report to Prevent Future Deaths’ following an inquest hearing into the deaths of Shahbaz BHIM and Shana SUTARIA that concluded on 21 September 2017. 1 HIGHWAYS ENGLAND I am Chief Executive of Highways England Company Limited of BridgeHouse, 1 Walnut Tree Close, Guildford, SURREY, GU1 4LZ. 2 CORONER’S MATTERS OF CONCERN The MATTERS OF CONCERN were identified are as follows
a. The scene of the collision is in a natural ‘bowl’ and that, unless effectively drained, it is a point at which standing water will accumulate during and/ or after heavy rainfall; and
b. The gap in the vehicle restraint barrier (Highways England’s location code X- 465224,Y-328926) at the entrance to the land owned and/or occupied by (and registered at the Land Registry under title number NT514257) is a hazard to traffic in that it permits vehicles to pass unimpeded from the carriageway. 3 DETAILS OF ACTION TAKEN
a. The drainage scheme is progressing as planned through the design and development phases with an estimated start date on the A46 in February 2018. The work will take place over a period of approximately 20 weeks with a planned completion date of June 2018. We are in communication with the family of Mr BHIM (as the agreed contact) to keep the families of Mr BHIM and Miss SUTARIA up-to-date on the progress of the proposed scheme. Dates were provided to Mr BHIM on 10 October 2017 to meet the family members to share the proposed plans, and to visit the site ahead of the start of the works. The visit is planned for 20 November 2017.
b. HighwaysEngland are in discussions with and his land agent ( Shouler & Son) regarding the removal of the access to the field which will allow us to install a continuous vehicle safety restraint barrier. Communication was made with during week commencing 25 September 2017 immediately following the inquest. As a result, discussions with began on the 4 October 2017 and continued on the 23 October 2017. and his land agent understand the Coroner’s reasons for raising the entrance to the field as a matter of concern and are open to discussions on how the closure of the access can be achieved. Highways England will assess the options to remove the access to the field and close the corresponding gap in the centre reservation. Highways England Land Team will assist in assessing the relevant costs and allow us to place a reasonable monetary value on the land access so that we are able to offer this to in return for closing the existing access. 1
4 DETAILS OF FURTHER ACTION PROPOSED
a. The proposed drainage scheme will take into account various assets as well as the drainage to improve this section of the A46 at Widmerpool. The drainage work will include the removal of silt from ditches, repairing / replacing necessary pipework, and the deep cleansing and jetting of pipes, gullies, catch pits and manholes. In addition, further drainage will be installed adjacent to the bottom of the slip road in the vicinity of the railway bridge, in addition to the standard requirements.
b. Once an agreement has been reached with we can implement the vehicle restraint barrier alterations in the same timescales as the drainage scheme. This piece of work is being prepared separately to, but in conjunction with, the above drainage scheme as the delivery rests on reaching an agreement with Mr TAYLOR. 5 TIMETABLE FOR ACTION DATE ACTION 10 November 2017 Present the final design pack for the scheme for Highways England internal sign off. 20 November 2017 Meet with the families of Mr BHIM and Miss SUTARIA to share the proposed plans and visit the site. 30 November 2017 Highways England Land Team will detail the relevant value of the land access to allow continuing discussion with Feb 2018 - June Scheme implemented to address the drainage issues and close 2018 the gap. 6 SAFETY OF ROAD USERS The safety of our road users 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 scheme identified is designed in this light to help to prevent future deaths at this location. 7 COPIES I have sent a copy of my response to of Turnpike Farm, Hickling Pastures, Melton Mowbray, LEICESTERSHIRE, LE14 3QG (cc. , Shouler & Son) as the other party to your Regulation 28 Report (dated 22 September 2017) who has the power to take such action in collaboration with Highways England to prevent future deaths at this location. 8 15 November 2017 Signed: , Regional Director, on behalf of 2
Report Sections
Investigation and Inquest
On 25 January 2016 Miss Mairin Casey, Senior Coroner, commenced an investigation into the death of Shahbaz Salim Bhim and Shana Sutaria. The investigation concluded at the end of the inquest on 21 September 2017. The conclusion following the inquest was that Mr. Bhim’s and Miss. Sutaria’s medical cause of death was:
1. a. Multiple traumatic injury.
The summary of the facts was:
At approximately 22.30 on 3 December 2015 the deceased were driver and passenger respectively in a BMW vehicle, registration number travelling Southbound along the A46 close to the junction with the A606 at Widmerpool. It was raining heavily. By reason of the presence of standing water in the vicinity of the railway bridge which passes over the A46 and a gulley identified as SBA 14 in a diagram dated 3 February 2016, the vehicle in which the deceased was travelling left the carriageway, passed through a gap in the vehicle restraint barrier and came to rest in Fairham Brook. The drain from gulley number SBA 14 was blocked and unable to cope with the volume of water generated by recent rainfall. It is likely the deceased survived that collision and climbed from the vehicle to the verge alongside the A46. Shortly after the deceased’s vehicle left the carriageway, a Citroen van, registration number , driven by and travelling at approximately 65 m.p.h. came unsighted upon the standing water which caused to lose control of the van. The van left the carriageway and slid along a section of vehicle restraint barrier passing over Fairham Brook. In the course of the van’s uncontrollable slide along the barrier the deceased were struck and sustained fatal injuries. They were pronounced dead at the scene.
The conclusion was:
Road Traffic Collision
1. a. Multiple traumatic injury.
The summary of the facts was:
At approximately 22.30 on 3 December 2015 the deceased were driver and passenger respectively in a BMW vehicle, registration number travelling Southbound along the A46 close to the junction with the A606 at Widmerpool. It was raining heavily. By reason of the presence of standing water in the vicinity of the railway bridge which passes over the A46 and a gulley identified as SBA 14 in a diagram dated 3 February 2016, the vehicle in which the deceased was travelling left the carriageway, passed through a gap in the vehicle restraint barrier and came to rest in Fairham Brook. The drain from gulley number SBA 14 was blocked and unable to cope with the volume of water generated by recent rainfall. It is likely the deceased survived that collision and climbed from the vehicle to the verge alongside the A46. Shortly after the deceased’s vehicle left the carriageway, a Citroen van, registration number , driven by and travelling at approximately 65 m.p.h. came unsighted upon the standing water which caused to lose control of the van. The van left the carriageway and slid along a section of vehicle restraint barrier passing over Fairham Brook. In the course of the van’s uncontrollable slide along the barrier the deceased were struck and sustained fatal injuries. They were pronounced dead at the scene.
The conclusion was:
Road Traffic Collision
Circumstances of the Death
As above.
Copies Sent To
2. Highways England, c/o The Government Legal Service
3. Nottinghamshire Police
4. AMEC Foster Wheeler
5. Osborn Abas Hunt (Solicitors for AMEC ), Elizabeth House, 8A Princess Street, Knutsford, WA16 6DD DX: 22952 Knutsford
6. Head of Claims & Insurance, Virgin Media Services, Mayfair Business Park, Broad Lane, Bradford, BD4 8PW
7. , AOne+, Valley House, Valley Street North, Darlington, DL1 1TJ
8. Clyde & Co Claims LLP (Solicitors for AOne+), Chancery Place, 50 Brown Street, Manchester, M2 2JT
Similar PFD Reports
Reports sharing organisations, categories, or themes with this PFD
Related Inquiry Recommendations
Public inquiry recommendations addressing similar themes
Revise signal sighting standard to explicitly consider signal readability
Ladbroke Grove Inquiry
Hazardous road design
Define additional time required for reading gantry-mounted and complex signals
Ladbroke Grove Inquiry
Hazardous road design
Clarify "very short duration" definition within the signal sighting standard
Ladbroke Grove Inquiry
Hazardous road design
Identify and retrospectively review locations affected by "very short duration" ambiguity
Ladbroke Grove Inquiry
Hazardous road design
Clarify "overhead line equipment" in signal sighting standard to mean wires and droppers
Ladbroke Grove Inquiry
Hazardous road design
Define acceptable limits for temporary signal obscuration in sighting standards
Ladbroke Grove Inquiry
Hazardous road design
Explicitly define cab sight lines for signal positioning based on driver's eye
Ladbroke Grove Inquiry
Hazardous road design
Railtrack to conduct safety examination of Paddington station layout and operations.
Ladbroke Grove Inquiry
Hazardous road design
Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.