Andrew Howat: Prevention of Future Deaths Report

Road (Highways Safety) related deathsWales prevention of future deaths reports (2019 onwards)

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Date of report: 13/11/2024 

Ref: 2024-0623 

Deceased name: Andrew Howat 

Coroners name: John Gittins 

Coroners Area: North Wales (East and Central) 

Category: Road (Highways Safety) related deaths | Wales prevention of future deaths reports (2019 onwards)   

This report is being sent to: Kingkabs 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:

Kingkabs, Wheatsheaf Garage, Parkgate Road, Cheater, CH1 6JS 
1CORONER 

I am John Adrian Gittins, Senior Coroner for North Wales (East and Central)
2CORONER’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. 
3INVESTIGATION and INQUEST

On the 16th of October 2022 I commenced an investigation into the death of Andrew Howat  
(DOB 29.01.82 DOD 15.10.22). The investigation concluded at the end of the inquest on the 12th of November 2024. The cause of death was recorded as being due to 1(a) Multiple Injuries and  the conclusion of the inquest was that the death was due to a road traffic collision  
4CIRCUMSTANCES OF THE DEATH

On the 15th of December 2022, the deceased was collected by a Kingkabs taxi from a  Chester Hotel. He was intoxicated at the time and as a result of disruptive behaviour the  driver felt it unsafe to continue the journey and dropped him at a petrol station. Another  taxi was ordered from the same firm, and he was collected for his onward journey home. Again as a result of his disruptive behaviour the driver was not prepared to continue the  journey without full payment of the fare and stopped in a layby on the A483 dual  carriageway in an unlit area with no means by which a pedestrian could easily leave the  area (notwithstanding that there was a junction approximately 400 metres away which  would have been a safe place to discharge the passenger).  
When the deceased got out of the taxi, the drive left him in an unsafe location and no  contact was made with the police by the firm to advise them of the potential risk to both  the deceased and other traffic.   
5CORONER’S CONCERNS

During the course of the inquest the evidence revealed the following matter 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 MATTER OF CONCERN is as follows.  –

Oral testimony was given by a representative of Kingkabs that appropriate training was being  provided to drivers seeking to balance the risk to themselves with their duty of care to their  passengers, however the taxi driver stated in his evidence that if similar circumstances arose, he would do nothing different and would still be prepared to leave a passenger in an unsafe 
location. 
Furthermore, the firm’s representative advised that usual practice would be to contact the police in circumstances such as these, but this was not done on this occasion and no evidence or  documentation was available to corroborate that staff were being trained in respect of this  protocol.  
6ACTION 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. 
7YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report, namely by 8th of January 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. 
8COPIES and PUBLICATION

I have sent a copy of my report to the Family of the Deceased and to the Chief Coroner.
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. He may send a copy of this report to any person who he 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. 
9Dated 13th November 2024
Signature  
Senior Coroner for North Wales (East and Central)