Warwickshire County Council has said that it will do more to fill potholes and track repair work following the death of Kate Vanloo, who was killed after falling from her bike in January 2016. The pothole she hit had first been identified in March 2015, but a subcontractor, unable to locate it, repaired one three miles away instead.
A keen triathlete and member of the British Triathlon Federation, Vanloo was cycling home from a training ride with Rugby Triathlon Club when she hit a pothole in Holt Road near Napton.
She was thrown from her bike and into the path of an oncoming car. She died at the scene.
A September 2017 inquest into her death heard that the pothole was around 10cm deep and completely hidden by a puddle that spanned the road. Vanloo was unable to avoid the pothole due to oncoming traffic.
The Highways Authority responsible for the road was Warwickshire County Council and the pothole had been identified by an inspection in March 2015 and again in September 2015.
In his conclusion, the Assistant Coroner for Warwickshire, John Buckley, noted that the council’s policy required that such ‘category 2’ potholes be repaired within 28 days of identification. For financial reasons, repair works were suspended between the end of July and the end of September 2015, causing a backlog.
The council had a contract with Balfour Beatty Living Places for highway maintenance inspections and repairs. Balfour Beatty subcontracted the road repair work to CR MacDonald Limited.
The pothole had been due to be repaired on November 2, 2015. However, the person from CR MacDonald Ltd tasked with carrying out the repair could not locate the pothole.
They had GPS co-ordinates and two maps, as well as a photograph of the hole showing a nearby farm as a point of reference. They also had the official street name, but could not locate it using a sat-nav device.
Instead of carrying out the correct repair, the person instead filled in a completely pothole on a road three miles away. They amended the paperwork to state the different location but did not draw this to anyone’s attention.
Based on the information sent to them, both Balfour Beatty and Warwickshire County Council believed that the Holt Road pothole had been filled. The error was not picked up until after Vanloo’s death.
Addressing Warwickshire County Council’s programmes delivery engineer in his report, Buckley said: “In my opinion urgent action should be taken to prevent future deaths and I believe you and your organisation have the power to take such action.
“The action should include an explanation of the steps you have taken to speed up the time it takes to repair potholes once they have been identified and what steps you have taken to track the progress of work orders that have been sent to Balfour Beatty Living Places for action.”
The council has now responded, outlining a series of measures it has taken. These include issuing subcontractors with handheld GPS devices on which job details are stored and from which records can be uploaded once repairs have been completed.
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Potholes need to be taken more seriously by councils in general. They have rules based on size/depth/danger and location which dictate how long they have to fix said potholes (I don't really have an issue with this) however, i'm pretty sure these rules were made with cars in mind. Try avoiding them on a bike with traffic. My commute takes me down two specific roads where I have to go pretty central into the lane and it makes me nervous despite being a confident cyclist. I'm waiting for the day that a car gets really angry with me and tries to overtake but causes an accident.
Do all councils have different methods of tracking? Why does the coroner only address this council, would it be better to come up with a good system that could then be used nationwide to prevent this happening elsewhere?
Perhaps they could encourage feedback from the public to help keep everyone honest. Something like https://www.fillthathole.org.uk/ , perhaps.
So there's no follow up inspection to check the work has been done satisfactorily? by either balfour or the council? They're taking it on trust that the work has been done correctly by people who can't even find a pot hole with 2 maps, photos and a gps coordinate? no wonder half of them need repairing again within a couple of months.
I can understand not following up every minor pothole, but something that has been inspected several times and is clearly a danger should be checked and not just assumed to be adequate.
Is this not something that one of the contractors should lose their contract over? What level of negligence do they need to show for them to actually be deemed incapable of fulfilling the terms of their contract? If it was the private sector there'd be liquidated damages sought at the very least if not termination of the contract.
My experience is that councils have no systems at all in place to ensure that the work that contractors charge them for has actually been carried out.
Personally I'm suspicious that some contractors use the lack of such systems as a means of charging multiple times for work that was in reality only done once (usually on the third time of reporting a fault).
Did not the contractors and probably Balfour Beatty commit a fraud by invoicing for something they didn't do?
"Instead of carrying out the correct repair, the person instead filled in a completely pothole on a road three miles away. They amended the paperwork to state the different location but did not draw this to anyone’s attention.
Based on the information sent to them, both Balfour Beatty and Warwickshire County Council believed that the Holt Road pothole had been filled."
Ah, Balfour Beatty, the company who have signs warning PEDESTRIANS not to walk near their Fiesta-sized vans.
That's not an error.
The incompetence of the contractor is so staggering that I would have thought that company should be charged with corporate manslaughter.
They had all the information on exactly where the pothole was but chose to try to identify its location with a Sat Nav of all things!
Presumably this was all down to cost-cutting.
The worrying thing is this can't be the only time they've done this, so there are probably many other dangerous unrepaired potholes out there.
The council should instigate a full enquiry and possibly strip them of their contract, but somehow I doubt very much if they will.
After all to the them the deceased is "just a cyclist". They'd probably take more action if someone had written of their Porsche as a result of it.
Disgusting dereliction of duty to keep people safe and in clear breach of the law, no doubt that people will shrug shoulders and same old will continue.
Seems the asst coronor wasn't interested in actually apportioning blame nor admonishing the council, quelle surprise!