HSE censures Greenwich Hospital after pupil is injured at Suffolk school

Date:

8 April 2011

Release No:

HSE-e-16-11

Greenwich Hospital has been censured for safety failings at The Royal Hospital School in Holbrook, Suffolk. The school is owned by the Royal Navy's Crown charity, Greenwich Hospital, of which the Secretary of State for Defence is the sole trustee.

On 28 March 2011, Greenwich Hospital accepted a Crown Censure from the Health and Safety Executive (HSE) following the HSE's investigation into a climbing incident at the school on 3 March 2009.

Twelve pupils at the school were taking part in a PE class that involved using a climbing wall. One of the pupils, a 15-year-old girl, fell six metres in an uncontrolled descent from the top of the wall onto a wood gymnasium floor below. The pupil suffered a fractured spine requiring a two-week stay in hospital. She also had to wear a body cast for several weeks and continues to receive medical treatment for her injuries.

The School, in accepting the censure on behalf of Greenwich Hospital, admitted that "at the time of the accident the risk assessment, written operating procedure, written procedures or records for examination, inspection and maintenance regime relating to climbing activities / climbing wall and related equipment were not suitable or sufficient so as to ensure that risks were reduced to the lowest level reasonable practicable."

They also admitted that "the nature of the equipment was mixed with some equipment (which was not used on the day of the accident) being unserviceable, that climbing wall supervisors had not received refresher training and that there was no monitoring or system set up for access to technical advice."

As a Crown Body, Greenwich Hospital has immunity from prosecution in a criminal court but is still subject to the duties set out in the Health and Safety at Work etc. Act. Crown Censure is an agreed administrative procedure applicable to Crown employers in lieu of HSE criminal proceedings.

Crown Censure Chair, HSE's Divisional Director Heather Bryant said:

"HSE recognises that climbing walls can play an important part in the education of young people - and encourages schools to provide them - but it is essential that they follow industry guidance to ensure that pupils are not exposed to unnecessary risks. I am pleased that the school will be resuming the climbing wall activity in due course once the necessary precautions are in place."

The Crown Censure proceedings relate to the discharge of duties as an employer, under Sections 3 and 48 (1) of the Health and Safety at Work etc Act 1974.

Notes to editors

1. Greenwich Hospital owns and operates the Royal Hospital School which is a co-educational boarding and day school for pupils aged 11 to 18. Greenwich Hospital is a Crown Charity with its own governing charter and statutes. Under the Charter and subsequent legislation the Hospital has its own independent identity but beyond that the Hospital does not have its own legal personality. Contracts, other legal documents and proceedings relating to Greenwich Hospital are therefore entered into the name of the Secretary of State acting in his capacity as the sole trustee of Greenwich Hospital.
2. A Crown Censure is the maximum enforcement action for a government body that HSE can bring. There is no financial penalty associated with Crown Censure, but once accepted is an official record of a failing to meet the standards set out in law. More information can be found here: http://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-enforcement.htm
3. 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."
4. Section 48(1) of the Health and Safety at Work etc Act 1974 states: There is no Crown exemption from the Health and Safety at Work etc. Act and relevant statutory provisions. However, the Crown cannot be prosecuted for breaches of the law, including failure to comply with improvement and prohibition notices. However, there are administrative arrangements in place by which Crown bodies may be censured in respect of offences which would have led to a prosecution.

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