Jennifer Bunyan and Marion Bunyan

PFD Report All Responded Ref: 2024-0406
Date of Report 26 July 2024
Coroner David Heming
Response Deadline est. 20 September 2024
All 2 responses received · Deadline: 20 Sep 2024
Coroner's Concerns (AI summary)
An unsafe 60 mph speed limit on a degraded rural road, combined with insufficient inspections and years of delayed safety barrier implementation despite previous fatalities, created severe dangers.
View full coroner's concerns
CAMBRIDGESHIRE COUNTY COUNCIL A. SPEED LIMIT The designated speed for this section of road was 60 mph. The charity BRAKE have stated that the default speed limit on rural roads is 60 mph, a speed at which it is rarely safe to travel. They stated the approach should be based on the design of roads. This road has an uneven road surface and it was within local knowledge that the designated speed limit was dangerous and could lead to a loss of control whilst driving in the upper speed range. The need for a reduction in the limit as a safety measure does not appear to have been raised during inspections/debriefs following a series of fatalities that have led to a number of drowning incidents along this section of road. It raises a concern that the speed limit should be reduced significantly as a risk reduction measure – some areas have adopted 20 mph on some sections of road. B. INSPECTIONS OF THE ROAD I have a concern that inspections of the road have not been sufficiently rigorous given a recurring issue of highway degradation from ‘rutting’ at the carriageway edge which can be a contributory factor causing loss of control of a vehicle. It is unclear if the council have carried out audits to review the quality of inspections and whether there have been examples of substandard inspections. C. LENGTH OF TIME TO EFFECT REMEDIAL ACTION These deaths occurred on the 7th June 2020 and there had been previous fatalities along this road which had led to fatalities caused by drowning when vehicles left the road. A Barrier to prevent entry to the waterway would be one effective measure that has been deployed in many other places to prevent a vehicle leaving the road and yet, I understand no final solution is in place. D. HIGHWAY DEGRADATION This has been an issue and I have a concern about prompt repairs being effected to the road and also the weight of vehicles which is a factor in damage to the verge adjacent to the road itself. E. LOCAL SAFETY GROUP The Fenland Road Safety Campaign (Charlotte's Way) have undertaken outstanding work as a charity in raising awareness of the dangers of Fenland roads given the unique environmental factors involved. It is not clear whether there has been prompt action taken following representations from them on safety matters. SECRETARY OF STATE FOR TRANSPORT A. CLUSTER SITES Councils have a number of roads that feature on a cluster site analysis. By their nature, these will carry an obvious and serious risk of death or significant injury. Funding pressures in recent years have delayed prompt action in risk reduction at these sites. It raises a question of whether there should be a central government fund as a special measure to release capital for such sites as this would lead to enhanced risk reduction repairs being deployed more quickly. B. GPS On the facts of this investigation, this road had seen a number of fatalities which would not be known to those unfamiliar with the area (as here). It raises a question of whether there could be collaboration with software companies to flag roads on satellite navigation programming for providing verbal/visual prompts that a particular road carries high risk as an accident site.
Responses
Department of Transport Central Government
19 Sep 2024
Noted
The Department of Transport acknowledges the coroner's concerns regarding cluster sites and GPS routing but states that decisions about highways maintenance and enforcement are the responsibility of local authorities and that drivers should prioritise road signage over GPS guidance. (AI summary)
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Dear Senior Coroner David Heming,

RESPONSE TO REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

Thank you for your report of 26 July 2024 made under Regulation 28 of the Coroners (Investigations) Regulations 2013, following the inquest you conducted into the deaths of Jennifer and Marion Bunyan and of Jennifer’s unborn daughter Erin Marion Chatten who sadly died in utero during the accident. I am replying as the Minister responsible for road safety.

I would like to take this opportunity to express my sincere condolences to the family of Jennifer, Erin and Marion Bunyan and to acknowledge the tragic nature of this incident.

I want to assure you that I am determined that we learn from tragedies like this and that we take action to reduce those killed and injured on our roads. Delivering enduring improvements in road and vehicle safety is a key priority, which is why we have already announced the development of a new Road Safety Strategy – the first in over a decade.

The Government takes road safety with the utmost seriousness, and we are committed to maintaining our roads as some of the safest in the world. Despite that record there is always room for improvement, so I have carefully considered the factors highlighted in your report, which are listed below:

A. CLUSTER SITES Councils have a number of roads that feature on a cluster site analysis. By their nature, these will carry an obvious and serious risk of death or significant injury. Funding pressures in recent years have delayed prompt action in risk reduction at these sites. The coroner’s report raises a question over whether there should be a central government fund as a special measure to release capital for such sites as this would lead to enhanced risk reduction repairs being deployed more quickly.

B. GPS On the facts of this investigation, this road had seen a number of fatalities which would not be known to those unfamiliar with the area (as here). It raises a question of whether there could be collaboration with software companies to flag roads on satellite navigation programming for providing verbal/visual prompts that a particular road carries high risk as an accident site.

The below response sets out DfT’s current position regarding these raised concerns.

Cluster sites: The Department allocates highways maintenance capital funding to local highways authorities so they can most effectively invest in maintaining and improving their respective network, based upon their local knowledge, circumstances, and priorities. It is up to each highway authority to determine how best to spend this funding, in order to fulfil their statutory duty under Section 41 of the Highways Act 1980 to maintain the highways. DfT strongly advocates a risk-based whole lifecycle management approach to local authority highways maintenance programmes. This approach considers all parts of the highway network, such as bridges, cycleways, and lighting columns. DfT does not intend to take any action on enforcing the use of cluster site analysis or the establishment of a central fund, as that is a matter for the relevant local authority.

GPS: Neither the Department for Transport nor individual local authorities have any direct power over the routing guidance offered by satellite navigation devices. It is the responsibility of satellite navigation operators to ensure the information they provide on their platforms is accurate and up to date. Drivers, should they choose to, can usually provide feedback and suggested corrections via satellite navigation operators’ websites. Road signage should always take precedence, and drivers should regard information provided by satellite navigation as only being advisory. Drivers should be familiar with the rules of the Highway Code in order to keep their journeys as safe as possible for the route they choose. Thank you again for taking the time to raise these important points of concern with me and I hope that you find our explanations helpful.

Best wishes,

MINISTER FOR THE FUTURE OF ROADS
Cambridgeshire County Council Local Authority / Fire Service
7 Oct 2024
Action Planned
Cambridgeshire County Council plans to implement a 30mph speed limit (with 40mph buffer zones) on Puddock Road by the end of November 2024, conduct a traffic flow survey in early November 2024, and undertake informal engagement on road closure/restricted access, followed by a formal Traffic Regulation Order application and consultation. (AI summary)
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Dear Mr Heming, Cambridgeshire County Council response to Regulation 28 report; Puddock Road write in response to the Regulation 28 Report to Prevent Future Deaths, dated 26 July 2024, which followed the Inquest into the deaths of Jennifer Bunyan, Marion Bunyan and Erin Marion Chatten In responding to you | first; and most importantly; wish to express the County Council's sincerest condolences to the family and friends of Jennifer; Marion and Erin_ Ialso recognise that this response has taken longer to be produced that would have expected, or in accordance with the timescales you originally set: Please accept my apologies for this delay, which was impacted by some organisational changes within the County Council, which meant that this response involved a number of teams in transition to new roles and reporting arrangements_ However, am pleased we are now in a position to be able to formally respond to you. Therefore, this letter details Cambridgeshire County Council's response to the matters you have raised as of concern as listed below. Speed limit: The designated speed for this section of road was 60 mph The charity BRAKE have stated that the default speed limit on rural roads is 60 mph, speed at which it is rarely safe t0 travel. They stated the approach should be based on the design of roads. This road has an uneven road surface and it was within local knowledge that the designated speed limit was dangerous and could lead to a loss of control whilst driving in the upper speed range. The need for a reduction in the limit as a safety measure does not appear to have been raised during inspectionsldebriefs following a series of fatalities that have led to a number of drowning incidents along this section of road. It raises a concer that the speed limit should be reduced significantly as a risk reduction measure some areas have adopted 20 mph on some sections of road. B. Inspections of the road Chief Executive cambridgeshire gov.uk

have a concern that inspections of the road have not been sufficiently rigorous given a recurring issue of highway degradation from 'rutting' at the carriageway edge which can be a contributory factor causing losS of control of a vehicle It is unclear if the council have carried out audits to review the quality of inspections and whether there have been examples of substandard inspections C_ Length of time to effect remedial action These deaths occurred on the 7th June 2020 and there had been previous fatalities along this road which had led to fatalities caused by drowning when vehicles left the road. A Barrier to prevent to the waterway would be one effective measure that has been deployed in many other places to prevent a vehicle leaving the road and yet; understand no final solution is in place_ D_ Highway degradation This has been an issue and have a concern about prompt repairs being effected to the road and also the weight of vehicles which is a factor in damage to the verge adjacent to the road itself E Local safety group The Fenland Road Safety Campaign (Charlotte's Way) have undertaken outstanding work as a charity in raising awareness of the dangers of Fenland roads given the unique environmental factors involved. It is not clear whether there has been prompt action taken following representations from them on safety matters. The County Council has carefully considered the issues that you have raised and offers the following response to each of these areas: Speed Limit The speed limit on the single-track section of Puddock Road will be reduced to 3Omph, with 4Omph buffer sections, from November 2024. A formal traffic regulation order (TRO) has been approved for implementation of the new speed limit: The order will be formally made following installation of the signage Inspections of the road Puddock Road is subject to a formal inspection every three months and regular visits from a Local Highway Officer Where identified, necessary repairs are undertaken and where possible, rutting is back filled: This is an interim solution to a complex issue around soil erosion and climate factors In July 2024 soil core sample were taken from random sections of Puddock Road to assist engineers in understanding what lies beneath the road and identify possible long term remedial solutions_ The core samples have revealed a peat layer between 300 and 50Omm deep, on top of which is a layer of silty clay_ As with other Fenland roads, Puddock Road is identified as one of the roads that has been impacted by the behaviour of the soils on which the road has been built: Engineers are now consulting on how best to deal with the rutting caused by the use of heavy Cambridgeshire County Council entry entry

agricultural machinery that overruns the paved road. Verge reinstatement trials will begin in early 2025 where different sections of rutting will receive treatment to see which performs best under varying conditions, and when it is anticipated the verges will be at their softest and most susceptible to collapse or wash out_ As part of a wide-ranging change programme within our Place and Sustainability directorate, the County Council is revising and tightening its assurance arrangements _ Length of time to effect remedial action Following the fatalities, Puddock Road was identified as a priority for remedial action and prioritised as part of the Road Safety Programme agreed by the Highways and Transport Committee on 12 July 2022. Due to the nature of this road the initial consideration was to review the use of a Vehicle Restraint System (VRS, or Barriers) Having carefully considered this option with expert technical advice, the project board made a recommendation to the Council's Highways and Transport Committee that alternative measures be implemented: The VRS was not considered suitable due to the ground conditions, which may not be capable of withstanding an impact and the barrier may simply collapse _ A rafting barrier solution that has been used by National Highways was also the considered, however the cost and complexity of such a system was prohibitively expensive, not only to install but also to maintain, and again with no guarantees of structural rigidity being retained over time_ The investigation of these options took some time and informed the resolution to pursue the changes to speed limits noted above_ The outcome of the investigations into various options was reported to the Highways and Transport Committee of the County Council on 5 March 2024, whereby members approved the recommendations for a series of measures including the speed reduction , access restriction and works to improve the edge of carriageway, as detailed further below _ Highway Degradation The composition of Puddock Road presents the County Council with many challenges, not least of which is the sub soil that the road is built on. Repairs that have been completed do not last; and with the continued movement of the sub soil it is proving difficult to find a long-lasting solution: This is why the Council instigated the enhanced maintenance checks on Puddock Road. A weight restriction on the road was considered but is not being progressed at this time due to the access requirements for farm vehicles The trial sections to treat rutting in the verge will be commencing in early 2025 will hopefully give us some longer-term solutions to the soil erosion issues_ Local Safety Group The Fenland Road Safety Campaign (Charlottes Way) have long been advocates of safer roads and road environments in Fenland: The Councils Road Safety Manager is in regular contact with their chair on matters of concern to them: Cambridgeshire County Council funding

Puddock Road Project Board The County Council's Puddock Road Project Board meets monthly to ensure that all planned works remain on target, and that any issues that arise are addressed to avoid, where possible, any unnecessary delays. The timeframes for the interventions noted above are set out below: Traffic regulation order for the 3Omph stretch was advertised on 13 December 2023 and ended on 15 January 2024 without objection_ Traffic regulation order for the 4Omph buffer zone was advertised on 22 April 2024 and ended on 16 May 2024 without objection. Core samples along the carriageway and verge were taken in July 2024 and analysis is now complete to establish next steps to deal with soil affected roadsides and roadway report received in September 2024_ Introduction of the 3Omph speed Iimit (with 4Omph buffers Zones) by the end of November 2024 through signing and lining: A traffic flow survey will be conducted in early November 2024_ Informal engagement will be undertaken on the closure or restricted access for Puddock Road after the completion of the traffic flow survey: A formal application for a Traffic Regulation Order will be made and subject to a statutory consultation. Subject to approval of the TRO and following the implementation of the restricted access, further monitoring will be in place to check compliance with the traffic order Should action be necessary to enforce the order then the County Council will review the options available_ Verge re-instatement trials will commence in early 2025. Summary The County Council has undertaken a considered and detailed review of potential measures to be taken on Puddock Road and, by taking the above action, it will make Puddock Road safer for all users, with appropriate systems in place to manage risk The County Council will continue to monitor the Puddock Road going forward Should you require any further information in response to this matter; please do not hesitate to contact me_
Sent To
  • Cambridgeshire County Council
  • Department for Transport
Response Status
Linked responses 2 of 2
56-Day Deadline 20 Sep 2024
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

Report Sections
Investigation and Inquest
On the 8th June 2020, I commenced investigations into the deaths of Jennifer BUNYAN, aged 24 years and her mother, Marion BUNYAN aged 54 years. The investigations concluded at the end of an inquest on the 25th May 2023. The Conclusion of the inquest was Road Traffic Collision.
Circumstances of the Death
Jennifer and Marion Bunyan, the driver of, and a passenger in a motor car respectively, died on the 7th June 2020 in a waterway known as Crease Drain, adjacent to the C117, Puddock Road, Warboys. The cause of their deaths was from drowning when their motor car left the carriageway and travelled over the eastern grass verge where it then descended into the said waterway. The motor car rolled on to its roof. They were unable to extricate themselves from the vehicle and died as a result of the vehicle being partially submerged in water. At the time of her death, Jennifer was pregnant (circa 30 weeks gestation), and her unborn daughter, subsequently named Erin Marion Chatten, died in utero.

Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.