SHP Online is part of the Informa Markets Division of Informa PLC

SHP Online is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

November 16, 2020

Get the SHP newsletter

Daily health and safety news, job alerts and resources

in court

Cheshire Council fined after child falls from height

Cheshire West and Chester Council has been fined after a young child fell almost three metres to the floor from a gap in railings, sustaining serious head injuries.

Cheshire Council fined after child falls from heightChester Magistrates’ Court heard how on 16 November 2018, a family was visiting Chester City centre to watch the Christmas parade. While standing at a viewing point on The Rows at Bridge Street, their 21-month-old daughter fell through a gap in the railings onto the floor below, resulting in a fracture to her skull.

The HSE’s investigation found that one of the spindles on the railings had been missing since at least May 2017, leading to a significant gap (22cm) in the physical protection of the railings on The Rows. Cheshire West and Chester Council failed to ensure that The Rows were maintained to prevent a risk of a fall from height. No risk assessment or risk control measures were put in place for members of the public and employees accessing or working on The Rows before the incident occurred. The council failed to provide adequate information, instruction and training to ensure employees understood the risks associated with a lack of maintenance of the Rows.

Cheshire West and Chester Council of Nicholas Street, Chester, pleaded guilty of breaching section 3(1) of the Health and Safety at Work etc. Act 1974. The Local Authority was fined £300,000 and ordered to pay costs of £5,607.40.

HSE Inspector Emily Osborne said after the hearing: “Councils have a duty to adequately assess and control risks to members of the public, and maintain structures for which they are responsible.

“A child suffered serious injury as a result of what was an easily preventable incident if the risk had been identified and correct action taken to prevent a fall.”

[vc_row][vc_column width="2/3"][vc_column_text]

The Safety Conversation Podcast: Listen now!

The Safety Conversation with SHP (previously the Safety and Health Podcast) aims to bring you the latest news, insights and legislation updates in the form of interviews, discussions and panel debates from leading figures within the profession.Find us on Apple Podcasts, Spotify and Google Podcasts, subscribe and join the conversation today![/vc_column_text][vc_empty_space height="15px"][vc_btn title="Listen here!" color="success" link="url:https%3A%2F%2Fwww.shponline.co.uk%2Fthe-safety-and-health-podcast%2F|target:_blank"][/vc_column][vc_column width="1/3"][vc_single_image image="91215" img_size="medium"][/vc_column][/vc_row]
Cheshire Council fined after child falls from height Cheshire West and Chester Council has been fined after a young child fell almost three metres to the floor from a gap in railings, sustaining serious head injuries.
SHP - Health and Safety News, Legislation, PPE, CPD and Resources

Related Topics

Comments
  • Nicolas Gradoline

    This story epitomises our utter societal incompetence when it comes to common sense and basic self accountability.

    The council failed to provide adequate information, instruction and training to ensure employees understood the risks associated with a lack of maintenance of the Rows”.

    What total and utter nonsense the above statement is!

    Are we genuinely in a society which can blame a lack of information and training for not identifying that a child on a balcony with missing railings is at risk of a fall? I think it is high time we pull our heads out of the sand and start to take accountability for what is going on around us, instead of expecting others to do it and then complaining that their lack of action results from not being informed.

Leave a Comment
Cancel reply

Exit mobile version