A pre-inquest review at Woking Coroner’s Court has heard that a drain and pothole in Weybridge posed a "real risk" of causing a fatality. Ralph Brazier, a 52-year-old tech entrepreneur, died when he came off his bike in Weybridge Road during a ride with Twickenham Cycling Club on March 1.
There were reports at the time that several residents had spoken to council chiefs about the pothole, which was marked with red paint for repair. Within 24 hours of Brazier’s death, the hole had been filled in.
Get Surrey reports how Martin Porter, representing Brazier’s family, has pointed to flaws in Surrey County Council policy. He said there had been an inspection of the drain and pothole five days before the incident.
“It was obviously dangerous at the time of the inspection on February 25, and in no way should it have been a matter that the council should leave in situ for five days. I suggest that for a cyclist it posed a real risk of death.”
Speaking about the nature of the hazard, Porter added: “It is likely that it would trap the front wheel. It means it is likely a cyclist would go over the handle bars and, as in this case, hit their head.”
Julian Waters, representing Surrey County Council, disputed the claims: “To suggest there was a real and immediate risk to life cannot be borne out in evidence."
Waters said inspector Steve Bender identified the defect on February 25, marked it and repaired it. He said complaints about road condition had been addressed, adding: “The permanency of the repair – that is the cause of what occurred on this occasion.”
Waters did however admit that a grate had been fitted at the wrong angle and one side of the flange was not attached. He said this may have been why there was such a rapid deterioration of the defect.
“It’s clearly not policy to put grates in the wrong way round,” he said. “I readily accept that this is something that has to be considered.”
Porter also believes there is a case for a wider investigation: “The inspector said that at the time he complied with council policy. One has to look at whether a policy that permits that is suitable.
“Defects posing the highest risk to the public should be coned off and repaired within two hours – but that was not done. I would say it is not the correct decision.
“It must be relevant to look at county council policy that it permits a defect of this type on the road for five days.”
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It always makes we wonder about council repair policies when one of the worst sections of road locally to me is outsite the HCC (Hampshire County Council) Highways Laboratory, and the Highways Agency Vehicle Repair Depot. The latter site also doubles as the depot for the local gritter and repair teams yet literally 10 yards outside the gate the road is riddled with pot holes and sub standard repair work.
There's not a lot that can be usefully dealt with in a pre-inquest review. Let's wait till the inquest to see what the verdict is. But, that's really an aside to the legal case. That will be succesful. There's little chance of a section 58 defence succeeding when the defect has been identified and not immediately repaired given the hazard it created.
But we all know there are rules that the councills then either ignore or choose their own version of interpretation.
Look at Kingston, they decided to block reporting websites and only reinstated them after much pestering and FOI requests. The cynics out there may say this was their desire to dodge liability given they're the lowest ranked London Borough for road repairs.
Its all well and good slagging off the councils beauracratic proceduralism but the lawyers are pretty much making them operate like this...and often arguing against them in very similar pedantic non-real world way. Its a little bit like expecting all road surfaces to be gritted by the council in icing conditions. Its a noble aim but the cost and practicality of doing this is ludicrous and you will never be able to do it 100%. Its not gonna go down well on this forum but a good rule of thumb i use regards road surface is WATCH WHERE YOU ARE GOING....there is no mention here of the actual real increase in risk of cycling in a club run style peleton at speed (and at night im guessing too). Even a smallish pot hole or defect in the road if not pointed out by the rider in front and if not being expected by the rider behind can cause a high speed fall.....some high speed falls are fatal.
It's the Soviet Union all over again.
Let's start the call for privatised roads.
Works for the railways!
Mike, you're absolutely right about weasel words in local government and the whole set up stinks. It isn't about outcomes (ie was the road safe) but about procedures (was the manual followed). Of course there is a finite pot of money but a vast amount of it is pissed up the wall on process ensuring that it's been "done by the book". It's shameful to suggest that there wasn't "an immediate risk to life" in front of a deceased man'seeking family and only someone who hides behind a procedures manual could ever contemplate suggesting it.
I have had the misfortune of dealing with my local authority on certain matters and the army of people employed to tell you the process is right when the outcome is wrong is utterly eye watering.
All I can say is please use fill that hole, it does work as it's evidence based (you can send photos) which leaves little room for weasel words from councils.
Thanks for that Burt, I've just reported a dangerous (to cars AND bikes) sunken drain cover here in Trafford in Manchester. Be interesting to see if it gets sorted...
So what happened? Did it get fixed?
Mike the bike missed an important factor in his thought through system - money. Councils simply don't have the money to keep crews able to respond that quickly. One of the inevitable effects of budget cuts will be the ever lengthening response times. If any politician ever tells you budgets can be cut without a reduction in service provision they are either a liar or an idiot, and in either case dangerous.
Not either/or, frequently both.
That might be a factor for some LAs but not Surrey. I've reported several potholes to SurreyCC since the death and they've been repaired in a couple of days - not at least 5 as reported above. The difference is that the potholes I flagged could also cause damage to a car - defects that only impact riders don't appear to matter to them.
This is why I use fill that hole http://www.fillthathole.org.uk/
It gets immediately reported to the council, there is a record of it, and in my experience, the holes get filled in very quickly.
I also use this and agree it does seem to get homes filled, often next day, but only if you give a very clear description of where the pothole or drain is - any ambiguity and they seem to use that as an excuse to ignore it.
Report them - it could save a life...
Bloody on their hands, no matter what bureaucratic bollocks they may claim to hide behind.
Let's just hope the pothole had been logged on one of those pothole logging websites and some cock-womble in the council's management team lose their job over this .
“To suggest there was a real and immediate risk to life cannot be borne out in evidence."
What? Like the fact that someone was killed by it? How can he say something like that at an inquest?
I hate the way that modern life revolves around rule books and official policies and committees. Surely all we need is a healthy dose of common sense in these situations? Using weasel words and referring to regulations and passing the buck is a poor substitute for action.
In a proper, thought-through system the inspector would look at a significant pothole, phone for a repair crew and, with a little luck it would be fixed within hours. To allow the fault to remain in place for five days smacks of the old soviet style of management, with each layer having a jealously guarded role to play.
Before you say it, I know, it's a lot worse in Zimbabwe but for Christ's sake we can do better than this publicly funded charade.