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Head teacher guilty over boy's fatal playground fall
20 August 2007
The recent conviction of a head teacher for a breach of health
and safety law raises a number of questions regarding the scope of
the duties imposed upon employers within the education sector by
the Health and Safety at Work Act 1974 (HSAWA).
Facts
In July 2004, a kindergarten pupil at Hillgrove School in
Bangor, an independent school, suffered head injuries when he
jumped down four brick steps in an out of bounds area during the
morning break. The young boy, aged three, landed face down causing
swelling to the brain. He died in hospital five weeks later having
contracted a form of MRSA.
Offence
The head teacher and proprietor of the school was prosecuted by
the Health and Safety Executive (HSE) for failing to ensure that
kindergarten children at the school were not exposed to risks to
their health from falling on the flight of steps.
The HSE alleged that whilst the steps themselves were not
dangerous, the young child had been allowed unsupervised access to
the steps and there had been no physical barrier limiting or
preventing younger children from accessing them. A gate had been
erected following the accident. The head teacher denied the offence
on the grounds that he, as an employer, had done all that was
reasonably practicable to ensure the health and safety of those
children.
Points of note
Whilst expert evidence called on behalf of the head teacher
suggested the steps complied with health and safety requirements, a
fundamental issue in the case was the level of supervision
available in the area where the accident occurred. It was suggested
that the steps were in an area that was out of bounds to the
kindergarten pupils. However, the Court heard that there had been
only one teacher supervising the 59 pupils at the school during the
break period and that this supervision had required observation of
both an upper and lower playground. The teacher had therefore been
unable to monitor the steps where the accident occurred.
Likely implications
The head teacher is due to return to the Crown Court for
sentencing on 28 September 2007. This successful prosecution by the
HSE is illustrative of the progressive shift in health and safety
law towards increased accountability for those in positions of
authority, both in the public and private sector. An offence is
committed under HSAWA if it is proved that an individual failed to
do all that was reasonably practicable, taking account of a number
of factors including foreseeability. The decision emphasises the
importance of ensuring that detailed risk assessments are carried
out of potential hazards within the grounds of a school and that
reasonable measures are taken to eliminate such hazards. It also
emphasises the importance of reasonable supervision during
recreation periods.
However, we would reassure our clients that the case should not
be seen as a precedent that will result in head teachers becoming
routinely criminally liable for accidents on school grounds where
all reasonable steps have been taken and where the accident can be
properly regarded as unforeseeable.
For more information or advice, please contact Mark or Hazel.
The content of this bulletin is provided for
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