Man jailed for illegal inspections of play equipment

Date:

10 May 2012

Release No:

HSE/M/33/12

A Chester man has been jailed for more than 14 months after repeatedly ignoring a legal order preventing him from inspecting inflatable play equipment.

The Health and Safety Executive (HSE) prosecuted Peter McCormack (previously known as Peter Coltilda and Peter John Morrell), of Garden Lane, Chester, for carrying out inspections of inflatables and issuing test certificates for them in contravention of a Prohibition Notice from HSE, and for carrying out unsafe seam repairs to one.

Caernarfon Crown Court heard that examples of wrongdoing by Mr McCormack, aged 77, included:

• An inspection of a pool inflatable at Poynton Leisure Centre, Cheshire, on 15 July 2010 and the issuing of the certificate two days later
• An inspection of a bouncy castle in Carterton, Oxfordshire, on 23 August 2010 and the issuing of the certificate a day later
• Another bouncy castle inspection at Abbey Leisure Centre in Selby, Yorkshire, on 19 August 2010
• One at Tadcaster, Yorkshire, on 3 August 2011
• One at Selby Park, Yorkshire, on 3 August 2011

He repaired one of the bouncy castles at Selby Park poorly on 3 August 2011, so there was a risk of children's fingers and toes being trapped in the open seams.

The court also heard today that in these illegal inspections, Mr McCormack failed to spot defects, which could have caused injuries to children.

He pleaded guilty to seven breaches of Section 33(1)(g) of the Health and Safety at Work etc. Act 1974 and one of Section 3(2) of the Act and was sentenced to 62 weeks in prison. He has already served 78 days imposed at an earlier hearing for breaching bail conditions. Today the court ruled he must serve half of the remaining time before being released on licence.

Speaking after the hearing, HSE principal inspector Steve Flanagan said:

"Inflatable play equipment must be properly maintained and inspected to make sure it is safe for children to use. HSE served the initial Prohibition Notice in 2008 because Peter McCormack's work was substandard and unsafe.

"By breaching that Prohibition Notice repeatedly - and even ignoring a direct order from a judge at Shrewsbury Crown Court in 2010 - Mr McCormack has shown that he never had any intention to stop illegally inspecting inflatables.

"He has shown utter disregard for the safety of children and for the law and has cheated the companies he issued the certificates for, by taking their money when he shouldn't have done the work.

"If people who carry out illicit or poor inspections of inflatables are not stopped, it's only a matter of time before a child suffers a serious injury."

Mr McCormack has changed his name by deed poll. He was previously known as Peter Coltilda, and before that as Peter John Morrell. The court also heard that Mr McCormack is also now known by the name Paul Armstrong.

Notes to editors

1. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to reduce death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 3(2) of the Health and Safety at Work etc Act 1974 states: 'It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.'
3. Section 33(1)(g) of the Health and Safety at Work etc Act 1974 states: 'It is an offence for a person ... to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal).'
4. Peter McCormack - timeline:
   • 11 November 2008: HSE issues a Prohibition Notice ordering Peter McCormack to stop inspecting play equipment and issuing safety certificates, after an investigation revealed that he had passed inflatables as safe to use when they were not.
   • 3 December 2008: Peter McCormack illegally issues a certificate following a colleague's inspection on an inflatable at Wellington Civic & Leisure Centre, Telford, despite there being a safety defect with the blower.
   • 9 July 2010: Judge at Shrewsbury Crown Court tells Mr McCormack he must stop inspecting play equipment.
   • 15 July 2010: Mr McCormack illegally inspects pool inflatable at Poynton Leisure Centre, Cheshire.
   • 17 July 2010: Mr McCormack illegally issues certificate for pool inflatable at Poynton Leisure Centre.
   • 19 August 2010: Mr McCormack illegally inspects bouncy castle at Abbey Leisure Centre, Selby.
   • 23 August 2010: Mr McCormack illegally inspects bouncy castle in Carterton, Oxfordshire.
   • 24 August 2010: Mr McCormack illegally issues certificate for bouncy castle in Carterton, Oxfordshire.
   • 6 September 2010: Mr McCormack given an 18-week suspended prison sentence for the offence at Wellington Civic & Leisure Centre on 3 December 2008 and ordered to carry out 60 hours of community service by Shrewsbury Crown Court. Judge tells Mr McCormack that he should comply with the Prohibition Notice "in word, in deed, completely to the letter".
   • 3 August 2011: Mr McCormack illegally inspects bouncy castles at Tadcaster Leisure Centre and Selby Park, and carries out poor repairs on an inflatable at Selby Park.
   • 23 September 2011: Mr McCormack fails to attend Caernarfon Crown Court for plea and case management hearing and a warrant is issued for his arrest.
   • 15 February 2012: Mr McCormack imprisoned for breach of his bail conditions.
   • 23 March 2012: Mr McCormack enters guilty pleas at Caernarfon Crown Court.

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