TEACHER PLEADS GUILTY FOLLOWING GLENRIDDING DROWNING

HSE press release E183:03 - 23 September 2003

Paul Ellis, a teacher from Fleetwood High School, has pleaded guilty today of manslaughter at Manchester Crown Court.

The prosecution, brought by the Crown Prosecution Service, followed the death of Max Palmer, a 10-year-old boy, in May 2002. Max was with his mother who was helping with a trip from the school to the Lake District organised by Paul Ellis. Mr Ellis led an activity which was to jump into a natural rock pool in Glenridding Beck. Max got into difficulties in cold and turbulent water, and was swept out of the pool and down the beck.

Mr Ellis was also charged under Section 7 of the Health and Safety at Work Act. It was alleged that he had not taken reasonable care of other people who entered the pool, including Mrs Palmer and a pupil from the school, who were airlifted to hospital suffering from hypothermia.

The Health and Safety Executive (HSE) Head of Operations Janet Wilson said: "Outdoor adventure trips have great value in developing young people, and offer an excellent opportunity for risk education. The vast majority take place without serious incident.

"HSE would not want to see school trips stopped, or teachers refuse to lead them, as a result of this prosecution. But it is essential that they are planned properly and carried out safely. We know that most teachers put the safety of their pupils at the top of their agenda, and follow good practice.

"HSE and the police have worked together on the investigation that led to this case. We are still considering whether health and safety charges should be brought against any other parties. We have also been active in ensuring that schools and education authorities learn the lessons from this tragic event.

The Department for Education and Skills and the Health and Safety Commission have produced comprehensive guidance for organisations that conduct adventure activities. This guidance is to assist them in setting up systems and procedures that better support teachers and others leading adventure trips.

Advice on the planning and organisation of visits can be found on the DfES website at http://www.teachernet.gov.uk/visits

Note to editors:

1. Section 7(a) of the Health and Safety at Work etc. Act (HSWA) 1974 states: It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and other persons who may be affected by his acts or omissions at work."

2. Mr Ellis was sentenced to one year for manslaughter and six months for the Section 7 HSWA charge to run concurrently.

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