Statement from Health and Safety Executive

E113:06 8 December 2006

Michael Wills, MP for North Swindon, on 6 December 2006 secured an adjournment debate regarding the Health and Safety Executive's (HSE's) dealings with Mr Burr of Roves Farm visitor centre, Swindon.

Since 2003 HSE has had a very difficult relationship with Mr Burr, whose visitor centre is visited by a large number of children each year including school trips. HSE recognises the educational value, and the fun, of farm visits for children but these visits must be properly managed so that the children can return to their parents without having faced unnecessary risk.

A number of HSE inspectors have given both written and verbal advice to Mr Burr. However, on many occasions the advice was not acted upon, leaving the inspectors no alternative but to serve enforcement notices in order to secure improvements in relation to serious health and safety risks on the farm.

In December 2004 HSE inspectors raised serious concerns about the risk to children of a straw bale maze at the farm. They suggested that Mr Burr carry out, as required by law, a formal risk assessment. By early summer 2005 Mr Burr had failed to confirm that this had been done. Inspectors then sought the advice of experts from within HSE and the local Fire Brigade.

In July 2005 these experts visited the farm and confirmed that " it was foreseeable that if there was a fire, a child could be trapped in a smoke filled tunnel unable to find an exit and not likely to be rescued before they succumbed to fumes or flames, the prime casualties being young children." Given this advice inspectors had no option but to serve a prohibition notice, stopping the use of the maze until improvements were made.

Mr Burr chose, as is his right to appeal against this notice, but after a first hearing he agreed to a revised design of the maze and as far as HSE was concerned the notice was then complied with. However, Mr Burr continued to appeal against the notice, forcing HSE to incur significant legal costs. At the second hearing, costs of the appeal were awarded to HSE.

The recovery of these costs is still a matter of ongoing litigation and as such HSE cannot comment any further on this issue.

Notes to editors

• More information on health and safety is available from www.hse.gov.uk
• The debate, held in Westminster Hall on 6 December, can be accessed at Hansard.

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