HSE/GNN527/W/07 28 September 2007

HSE warns against inadequate supervision of children after school proprietor sentenced

The Health and Safety Executive (HSE) is urging those responsible for the care of young children to ensure sufficient levels of supervision are in place, after the proprietor of a North Wales school was sentenced for an offence under health and safety law.

James Porter, proprietor of Hillgrove School in Ffriddoedd Road, Bangor, Gwynedd, was today fined £12,500 and ordered to pay £7,500 costs at Mold Crown Court.  He had been found guilty by a jury of breaching Section 3(1) of the Health and Safety at Work etc Act 1974, after a trial in late July 2007.

Three-year-old Kian Williams, from Bethesda, died in hospital just over a month after falling down steps at the school in July 2004.

HSE’s investigation into Kian’s death identified shortfalls in the levels of supervision for pre-school aged children at the school, which resulted in Kian being able to enter an area which was off limits.

HSE Principal Inspector Steve Scott said: "Play is absolutely essential to children’s development, and they should benefit from the opportunities that exposure to well-managed risks present. Such opportunities help them learn important life skills, including how to manage risks for themselves, but a balance does need to be struck between the risks and benefits; and very small children should not be left effectively unsupervised.

"This case is not about restricting play for children at school, nor should head teachers be concerned that this case means they will face enforcement action as a result of everyday incidents which often happen to children.

"On the day of the incident there was one member of staff supervising 59 pupils with an age range of three to eleven. This was well out of line with accepted ratios found elsewhere. It was not possible for the teacher on duty that day to see all parts of the split-level playground. Some areas were simply out of sight.

Mr Porter was prosecuted because, as proprietor for the school, he was also the employer and as such had primary responsible for health and safety matters.

Notes to Editors

• 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.”
• Advice and information on health and safety issues is available from the HSE website at www.hse.gov.uk or by calling the HSE Infoline on 0845 345 0055
• Available guidance on supervisory ratios for pre-school aged children (Children Act 1989 Guidance and Regulations Vol. 2) suggests that 2:26 is an appropriate ratio for supervising adults to children.

Issued on behalf of the Health and Safety Executive by Government News Network Wales. For further information, please contact on 0844 800 6823.