Dear Mr Davies

Regulation 28 Prevention of Future Deaths Report – James Francis Parsons

Thank you for your Regulation 28 Prevention of Future Deaths Report (FDR), dated 22nd February 2023 which I am responding to on behalf of , Chief Executive. I would like to take the opportunity at the outset of my letter to offer my sincere condolences to the family of James Parsons.

Cornwall Council welcomes the comments that you have made about the safety of Porthleven Harbour in relation to events. The matter of concern you raised at the inquest is as follows:

There were safety issues revealed at Porthleven Harbour, particularly in the evening when festival goers will have been drinking alcohol. Sections of the harbour wall feature sheer drops into water with no railings and trip hazards. The pier presents a particular risk due the absence of railings on one side with a sheer drop into water, and being poorly lit. For anyone falling from the pier, swimming to safety will be difficult due to current and the absence of access ladders or refuge area. The pier is sometimes closed to access by the public but was not closed at the time of the festival.

Porthleven Food Festival is an annual event and is considered every year by the Cornwall Safety Advisory Group (SAG) in terms of safety. Since receiving your FDR officers from the emergency planning, health & safety and licensing teams have been in contact with the event organiser. The Police have also been in contact with the event organiser through our emergency planning team as part of the SAG process. A meeting between a Cornwall Council Officer, event organiser and Porthleven Harbour & Dock Company has also taken place.

Mr R Guy Davies Assistant Coroner Cornwall & the Isles of Scilly

Date: 29 March 2023

Information Classification: CONTROLLED The SAG are awaiting a response from the event organiser in relation to what additional measures are planned for this year following the tragic death, including safety measures for the harbour area and the sale of alcohol. The response will be supported by attendance at a SAG, so that all agencies have an opportunity to speak directly with the event organiser. The response will be considered by the members of the SAG prior to the event going ahead to ensure that reasonable precautions are in place.

Thinking more widely than Porthleven, Cornwall Council will write to all harbours and event organisers for events near harbours, making them aware of this tragic incident and asking them to consider harbour edges as part of their risk assessment process. This will be completed by the end of April 2023.

In relation to the safety concerns of the Harbour itself, Cornwall Council has no statutory powers under the Health and Safety At Work etc Act 1974 because Dock Premises fall to the Health & Safety Executive (HSE) for statutory enforcement purposes Appendix 1: Health and Safety (Enforcing Authority) Regulations 1998: A-Z guide to allocation (hse.gov.uk). We have passed your FDR to the local inspectors for the HSE, however you may wish to consider sending the HSE an FDR directly.

Thank you for bringing your concerns to my attention. I trust that this response provides assurance that appropriate action is being taken.

Dear Sir RE: REGULATION 28: REPORT TO PREVENT FUTURE DEATHS IN THE MATTER OF THE INQUEST TOUCHING THE DEATH OF JAMES FRANCIS PARSONS I write with regard to the report mentioned above, provided to me by , Environmental Health Officer at Cornwall Council on the 20th March 2023. forwarded the report to HSE, as he felt some of the matters you identified in your report fell into HSEs regulatory remit. To that end, I have considered your report and the specifics of your concern: The MATTERS OF CONCERN are as follows. There were safety issues revealed at Porthleven Harbour, particularly in the evening when festival goers will have been drinking alcohol. Sections of the harbour wall feature sheer drops into water with no railings and trip hazards. The pier presents a particular risk due the absence of railings on one side with a sheer drop into water, and being poorly lit. For anyone falling from the pier, swimming to safety will be difficult due to current and the absence of access ladders or refuge area. The pier is sometimes closed to access by the public but was not closed at the time of the festival. Porthleven Harbour is mainly concerned with recreational activities, including the mooring of privately owned pleasure boats. The Health and Safety at Work etc. Act 1974 only applies to Porthleven Harbour at locations where a work activity is taking place. That is paid work or where there is some form of renumeration, there is an employer/employee or self-employed person. Where the Act does not apply, HSE has no vires or regulatory powers. Day to day, the only areas of the Harbour where a work activity takes place, appear to be the pier, where there is a crabbing operation and possibly on the steps leading to the Charter Fishing Boats, on the opposite side of the harbour. HSE has an enforcement role in both these very specific areas, in relation to the risk created by or related to those work activities only. The areas are highlighted in yellow on the following page. Where the risk is increased due to a festival or other public activity, this falls outside of HSEs vires. HSE has no vires at any other area of the harbour.

2 Information Classification: CONTROLLED

In relation to health and safety at the pier and the day-to-day commercial crabbing activities. The law requires the Dutyholder to undertake a risk assessment to identify the health and safety measures required to mitigate the risks associated to the operation at the dockside. Edge protection by way of fencing to prevent falls into water is rarely seen where fishing (crabbing) boats load and unload, as it impedes that operation and creates a bigger health and safety risk. It also inhibits the use of gangways. Instead, mitigation by way of the wearing of buoyance aids is accepted along with the supply of rescue buoyancy aids and sufficient ladders at the dock wall to enable anyone who falls in the water to get out or be rescued. The risk assessment should consider the risk to the public in work areas. It is noted that there is a chain fence restricting public access to the work area (pier). We will visit to review the health and safety arrangements at the commercial crabbing area with the Dutyholder, however an initial observation is that the Dutyholder appears in compliance with the Health & Safety at Work etc. Act 1974 at this area. For festivals and other events where paid work exists, there is a work activity and the Health and Safety at Work etc. Act 1974 applies. HSE has no vires in relation to festivals, other public events or to the bars/cafes with seating near to the harbour edge. The vires falls to the Local Authority, in this case the licensing arm of Cornwall Council and their Environmental Health Office (EHO). It is appreciated that such events may increase the health and safety risks, in particular the risk of falls, at the harbour and pier. It will be for the event organiser and Porthleven Harbour & Dock Company to convince the EHO and the licensing office, that have taken sufficient action to address the increased risk of a fall to danger occurring during the festival due to an influx of people, alcohol and low lighting converging near to or having access to open edges. The organisers may need to put in place temporary control measures in to address the increased risk in particular areas. If there is a temporary increased risk at the pier area, it would be for the Event Organiser and Porthleven Harbour & Dock Company to take action to address it. As it does not relate to the crabbing operation but to the festival, enforcement of temporary measures would fall to the EHO and licensing office for enforcement. If you require further clarity on any of the above or have any questions, please do get in touch.

Dear Mr Davies

Reference: Inquest into the death of Mr James Francis Parson

We are in receipt of your letter and report dated 22 February 2023 following the inquest into the death of Mr James Francis Parson. May we extend our sincere condolences to the family of Mr Parson.

We were made aware of the disappearance of Mr Francis following the Porthleven Food Festival in 2022 on Monday, 24 April when Police Officers came to our offices whilst conducting their initial investigations into Mr Parson’s disappearance. There was no further contact from the authorities following these initial enquiries and it was by way of the Media coverage that we learned that Mr Parson’s body had been discovered in the Isles of Scilly some weeks later.

Porthleven Harbour & Dock Company Tel: 01326 574270 Email: info@porthlevenharbour.co.uk 3 Celtic House, Harbour Head, Porthleven TR13 9JY Registered in England: ZC150

It was only in February this year, following the publication of your report, that there was any suggestion that Mr Parsons may have entered the water the weekend of the Festival by way of the Harbour walls.

We work very closely with the Porthleven Food Festival and have done since the Festival’s inauguration 15 years ago. Each year, Porthleven Harbour & Dock Company grants a right for the Festival to use the Harbour Head, the Shipyard and other areas within the Inner Harbour over the 2-3 days of the festival. This is granted on the basis that the Festival take responsibility for all health and safety matters, and to that end, they work closely with Cornwall Council Health & Safety team to put these measures in place. In the 15 years since the Festival was established, we are not aware of any major incidents or injuries and certainly no persons entering the water even though alcohol is a feature of the Festival.

Since the Harbour Dock Company was acquired in 1977, it has expended considerable sums with the benefit of advice from consultants to provide railings around the entirety of the Inner Harbour, part of the Outer Harbour where there is public access and the entire length of the Outer Harbour to the point where the jetty/pier/breakwater begins.

The pier has railings to one side but not the side which defines the entrance of vessels into the Harbour. These are omitted to avoid members of the public from potential interference to vessels entering the Harbour and because the narrow width of the Harbour is such that the handrail extending the entire length and including the rounded end of the pier is available to be within arm’s reach. Notwithstanding this, the Harbour & Dock Company maintains clearly readable notices warning of dangers which arise from the conduct of members of the public. In historic settings such as Porthleven, of which there are many around the country, it is requisite that locals and visitors alike take responsibility for own their welfare and safety, especially if there are signs indicating dangers.

Porthleven Harbour & Dock Company Tel: 01326 574270 Email: info@porthlevenharbour.co.uk 3 Celtic House, Harbour Head, Porthleven TR13 9JY Registered in England: ZC150

Having read your report, it would seem there is no evidence of where the deceased fell into the water or that he fell at all. There are many areas beyond the Harbour where it is just as possible that Mr Parsons may have entered the water from the rocks in the Outer or Inner Harbour or from Porthleven beach or indeed other areas close to Porthleven.

Nothing in the report points to failure of the Harbour & Dock Company to recognise potential public danger. Indeed, the report implies that Mr Francis’ death is unexplained notwithstanding his state of intoxication.

Over the years, the Harbour & Dock Company has given the utmost priority to safety aspects of the Harbour and continues to do so each year. We are satisfied with the measures we have in place which include railings, signage and lifebuoy aids. Being a popular holiday destination, Porthleven attracts thousands of visitors each year without incident which clearly demonstrates the Harbour is a safe environment.

We are committed to ongoing reviews of health and safety issues and will continue to do so in consultation with appropriate consultants and advisors. Any suggestions on further improvements to health & safety issues will of course be considered very carefully. We will continue to work closely with the Porthleven Food Festival and other groups that might use the Harbour for publicly attended events in the future.