We as a family are naturally disappointed with the outcome of the SYP ‘scoping exercise’.
Due to the limited parameters the investigation (if we may call it that) was confined to, the legal terminology essentially meant the force was operating with its hands tied.
We were told one of the principal reasons is because, in legal terms, Highways England (Highways Agency (“HA”)) does not owe road users a ‘relevant duty of care’ under the terms set out in the Corporate Manslaughter and Corporate Homicide Act 2007.
However, a point which stood out was the following:
“Any duty of care owed in respect of things done in the exercise of an exclusively public function is not a relevant “duty of care”, unless it falls within section 2(1)(a), (b), or (d). These being a duty to employees, a duty as occupier of premises or a duty to prisoners.”
How can this be seen as just, fair, and equitable?
How can it be right that a certain demographic of society could be covered, yet all others are exempt?
How can it be right, that if a 5-year-old child dies on these roads, HA are exempt, yet if a hardened prisoner is being transported, they could potentially be liable?
Should this not call into question the legitimacy of the parameters being utilised to come to such decisions?
The rollout of Smart Motorways has been paused, rightly so, ironically citing safety concerns, to understand the data in far greater detail before revisiting. Yet the ones installed are still running full throttle, including the one where our Mum lost her life.
Yet here we are as a family being told they owe no duty of care to the users of these very roads.
With no duty of care within the legal framework relevant, is it any wonder when we find cameras not working, severely depleted resources within control rooms, systems outdated and termed “Die now”, ERA’s installed twice the original distances agreed etc etc. I could go on and on.
We’d like to put the question to South Yorkshire’s Police and Crime Commissioner (PCC) Dr Alan Billings at this stage – when you are publicly calling for the abandonment of these roads, are you then publicly able to state your thoughts on the above?