HSE to take pupil death case to House of Lords

The HSE has applied to the Court of Appeal for leave to appeal to the House of Lords in the case of Regina (Health and Safety Executive) v. James Godfrey Joseph Porter (2008), where a head teacher was convicted for health and safety offences following the death of a child who jumped off steps on the school grounds.  

Nursery pupil Kian Williams received head injuries after he jumped from the steps at the private Hillgrove School in 2004. He later contracted MRSA and died.  

The initial ruling was that head teacher James Porter had not done enough to protect those not under his employment from risks by failing to prevent children from having unsupervised access to the stairs. 

He was fined £20,000 in fines and legal costs.  However, the conviction was challenged and quashed on the grounds that before the accident there was nothing to suggest the steps may be a risk. 

Following the overturning of the conviction, the HSE has appealed to obtain clarification on the issue of ‘risk’; what constitutes a risk, were the steps a risk, etc. The appeal will not reinstate Porter’s conviction.   

When Porter’s conviction was quashed, the HSE said it was disappointed but accepted the decision.