William Eichler 05 December 2019

Council fined over £1m after child suffers ‘life-changing head injury'

Hampshire County Council has been fined £1.4m after a child suffered a head injury caused by an unsecured street bollard.

During a visit to Lymington with her family, the six-year-old climbed onto the 69kg cast iron hinged bollard which subsequently fell to the ground taking the child with it.

As a result, she suffered a serious head injury that was initially life-threatening and had to spend six months in hospital in a critical condition. The extent of her brain injury will not be fully known until her brain has matured.

An investigation by the Health and Safety Executive (HSE) found that the bollard was damaged and not appropriately secured.

The damage had been reported to Hampshire County Council prior to the incident and monthly scheduled inspections had failed to identify this.

The investigation also found ‘insufficient’ information, instruction and training were provided to the council’s highways department personnel conducting ad hoc and monthly inspections. The inspection guidance was also misleading.

Speaking after the case, HSE inspector Angela Sirianni said: ‘Councils have a duty to adequately assess and control risks to members of the public from street furniture.

‘A child has been left with life-changing injuries as a result of what was an easily preventable incident.

‘Council inspections failed to identify this risk over a long period of time and then, when alerted to the damage to the bollard, failed to take the urgent action required to prevent injury.’

Hampshire County Council was found guilty after a trial of breaching Section 3(1) of Health and Safety at Work etc Act 1974 and has been fined £1.4m and ordered to pay full costs of £130,632.

A spokesperson for Hampshire County Council said: 'We deeply regret the injuries to the child and have done all we can to support her and the family since the accident, and will continue to do so. While we fully accept the verdict and the County Council’s liabilities, we believe that this was an exceptional and unfortunate incident.

'We are satisfied that our officers followed the County Council’s policies and procedures in force at the time. However, the Court found that these procedures fell short of requirements, arising from the change in Government policy - from a national framework to an approach based on risk assessment - which is more locally determined.

'This case may prove to be an important test case for the interpretation of this change more widely. Since the incident, our policies have been independently reviewed and updated, and we have taken further steps to learn lessons, including a revision of procedures, and additional investment in staffing and training.'

SIGN UP
For your free daily news bulletin
Highways jobs

Highways Supervisor

London Borough of Richmond upon Thames and London Borough of Wandsworth
£44982 - £54500
Job Title Highways Supervisor... Richmond
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Communication Support Worker

Durham County Council
£33,673 - £37,563 pro rata
Required – Temporary, grade 8, term time only plus 2 weeks.  8 hours per week until 31 August 2027. Are you looking or a role in school supporting th Durham
Recuriter: Durham County Council

Outreach Workers

Durham County Council
Grade 6 £29,071 - £32,046
We are looking for enthusiastic and committed practitioners to join our Family Hub Teams supporting children and Families to deliver services in comm Peterlee
Recuriter: Durham County Council

School Admin Officer

Durham County Council
£26,403 - £28,598 pro rata (pay award pending)
Required to work term time only plus 2 weeks during summer holidays. 8am-4pm. Wingate Nursery School is looking for an exceptionally organised, warm, Wingate
Recuriter: Durham County Council

Cleaner

Durham County Council
£24,796 pro rata (pay award pending)
Required to work 12 hours per week, 05.30-08.00 or 15.30-18.00 Monday-Friday, Term Time plus 3 weeks to be worked during school holidays. We are seek Durham
Recuriter: Durham County Council
Linkedin Banner