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5 times schools were prosecuted for health and safety failings in 2023/24
Written on 22 July 2024
In recent years, the importance of stringent health and safety measures in educational institutions has become increasingly apparent.
Over the course of 2023/24, several prosecutions were brought by the Health and Safety Executive (HSE) for serious health and safety incidents that occurred in schools across the UK. These cases highlight the critical need for schools to maintain rigorous safety standards to protect students, staff, and visitors.
This blog delves into some of the significant failings that led to these prosecutions, examining the circumstances, outcomes, and lessons learned to help prevent future occurrences.
1. Classroom ceiling collapse
In November 2021, a classroom ceiling collapsed at an independent prep school in London, injuring 15 Year 3 pupils, aged seven and eight, and their teacher. The children and teacher sustained upper limb fractures, cuts, and concussion. The HSE’s investigation revealed that heavy items were stored in an attic area not designed to bear such loads, causing the ceiling to give way.
The local authority was found guilty of breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974 in August 2023. It was fined £80,000 and ordered to pay £7,116.31 in costs.
This incident underscores the importance of regular structural assessments and proper storage practices to prevent similar accidents. Structural integrity is crucial in ensuring the safety of both students and staff in educational settings.
In June 2023, a watchdog report shone light on the declining condition of school buildings in England and reiterated the urgent need for action to prevent harm to pupils and staff. The ‘responsible body’ in control of the school, usually the relevant local authority, academy trust or voluntary-aided body, has a legal duty to manage the condition of its buildings and ensure they are safe. You can read our advice on necessary steps here.
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2. Circular saw injury
In June 2022, a technician at a school in Horsham lost a finger while using a circular saw to cut wood for a Design and Technology lesson. While pushing a sheet of wood through the saw, the technician felt a sharp pain in his right index finger. Despite quickly turning off the machine, his finger was severed. The HSE’s investigation found that the worker had used the saw many times but had not been trained on how to use it safely.
The trust was found guilty of breaching Regulation 9 of the Provision and Use of Work Equipment Regulations 1998 (PUWER) in July 2024. It was fined £16,000 and ordered to pay £4,294.60 in costs.
This incident highlights the need for stringent safety protocols regarding the use of hazardous equipment. Ensuring clear operational guidelines are in place and reinforced through regular training is crucial to preventing injuries like this.
Providing proper training is not only essential for safety but also a legal requirement under Section 2 of the Health and Safety at Work etc Act 1974. Staff should never be allowed to use machinery unless they are fully competent to do so.
3. Fall from height
In August 2018, a 71-year old caretaker at a school in Brighton and Hove suffered a fatal fall while attempting to clean the roof of a bike shed. The man was meant to have been helping move furniture but had decided to clean the roof on his own. He lost his footing on a ladder and fell 2.5 metres onto a tarmacked surface, sustaining “catastrophic” head injuries. The HSE’s investigation revealed that staff at the school, including the caretaker, had not received any training in how to safely work at height.
The council was fined £66,667 in February 2023. The Judge said that the seriousness of the offence warranted a fine of £600,000 but this was reduced due to the council’s dire financial circumstances.
Falls from height continue to be the leading cause of work-related fatality, accounting for 36% of all deaths in 2023/24. In addition, HSE statistics show that workers aged 60 and over are more at risk, accounting for 34% of work-related fatalities despite making up just 11% of the workforce. This case highlights the importance of proper training and equipment for tasks involving heights, as well as the need for tailored safety measures to protect older workers. Additionally, work from height must be properly planned, appropriately supervised, and carried out using a safe work method.
4. Exposure to radon gas
In 2019, two employees, five pupils, and two additional children were exposed to high levels of radioactive radon gas at a boarding school in Bath. Exposure occurred as a result of working in and living at the school; the five pupils experienced the highest levels of exposure, nearly eight times the legal limit. The HSE’s investigation found that the school was aware that it had a radon problem, having carried out monitoring and installed some remediation to reduce radon levels in 2017. However, from 2010 to 2018, it carried out no subsequent radon monitoring and had no systems in place to ensure radon control measures were adequate.
The company was found guilty of breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 in July 2023. It was fined £50,000 and ordered to pay £19,222 in costs.
The Ionising Radiations Regulations 2017 require employers to assess the presence of radon gas in the workplace and take appropriate measures to manage the risks associated with its exposure, ensuring levels are kept as low as reasonably practicable.
This incident reiterates the critical importance of proactive monitoring and continuous maintenance of environmental safety measures in educational institutions. Schools must not only identify potential hazards like radon but also implement robust monitoring programs and ensure that remedial actions are regularly reviewed and updated to maintain safe conditions for students, staff and visitors alike.
5. Falling tree fatality
In September 2020, a six-year-old pupil was tragically killed by a falling tree at a school in Newcastle. The decayed willow tree collapsed while she was playing with friends in the playground at lunchtime, hitting seven children. The young girl became trapped under a heavy section of the tree and died the following morning as a result of her injuries. The HSE’s investigation having found that the council had failed to fully identify the dangerous state of the tree or properly inform the school of its poor state.
The council was fined £280,000 in October 2023 for beaching Section 3(1) of the Health and Safety at Work etc Act 1974.
This tragic incident underscores the urgent need for rigorous tree management practices within school grounds. Schools should undertake routine inspections, conduct comprehensive risk assessments based on inspection findings, and take prompt remedial action, which may include pruning dead or decaying branches, cabling or bracing weakened trees, or removing trees that pose a significant hazard. Record keeping, staff training, and engaging certified experts to implement a comprehensive tree management plan will also help to reduce risk.
It is for this reason each educational institution needs to be confident that they have access to competent advisers for the many risks they will own, some of which may even dynamically develop over time. They must also be confident that they have a risk profile, fully assessed and reviewed by competent person(s) with proportionate controls applied, always remembering that being proactive in managing these many hazards and risks is required by the law, and that any duty holder must be able to demonstrate their significant efforts."
Andy Hall, Health & Safety Lead
WorkNest
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