Health and Safety Executive

Local NHS trust fined £7500 following death of elderly visitor

gnn144706P 5 March 2007

The Health and Safety Executive (HSE) today warned the NHS to maintain its properties effectively following the death of 88 year-old William Durrant, who fell during a visit to Springfield University Hospital, London SW17.

South West London and St George's Mental Health Trust were fined £7500 and asked to pay £3694 costs at City of London Magistrates Court on Friday for breaching the Health and Safety at Work etc. Act 1974.

The incident took place in December 2005, when Mr Durrant was leaving the hospital grounds with his wife after visiting their daughter. He fell, fracturing his hip and wrist and although he was immediately taken to hospital, he died a month later

The prosecution was brought by HSE. Investigating inspector Hazel McCallum said: "This case is a sad reminder to the NHS of the importance of applying a properly thought out and effective maintenance regime for its properties, to ensure the safety of staff, patients and the visiting public alike."

Gillian Brown, William Durrant's niece, said: "Although he was elderly, my uncle was a fit and active man. He was the linchpin of his family and cared for his wife Hilda and daughter Marion, who both have serious mental health problems. He was a kind and caring man who gave his time generously to everyone, and his loss has put a tremendous strain on the whole family. He was a much loved member of our family and he is greatly missed."

Notes to editors

  1. Section 3(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."
  2. In the Magistrates' Court the maximum fine for breaches of Sections 2-6 of the Health and Safety at Work Act is £20,000 per offence; for other sections and relevant statutory provisions the maximum penalty is £5,000 per offence. On referral to the Crown Court the maximum fine is unlimited.

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Updated 12.05.08