Personal Injury Solicitors

The Bolton-based Birtenshaw charity has been prosecuted by the Health and Safety Executive (HSE) after a child lost a finger when his hand became trapped in a school door.

The nine-year old boy – who has autism – was a pupil at the charity’s newly opened special needs Birtenshaw School on Darwen Road in Bromley Cross when the incident happened. The charity runs the school along with several care homes.

The HSE investigation following the incident revealed that the charity had identified the need for door guards during the construction of the new school – but these had not been fitted to all the doors before pupils were admitted in September 2012.

The boy – who has learning difficulties – lost all of his index finger after he trapped his hand in the hinge of the door as he entered a “quiet room” at the school on 11 September, 2012.

On Friday (11/04/14) at Trafford Magistrates’ Court, Birtenshaw admitted one breach of Section 3(1) of the Health and Safety at Work etc Act 1974, which 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.”

The charity was given a conditional discharge but was ordered to pay £898 costs.

After the hearing, HSE Inspector David Norton said:
“Birtenshaw knew there was a risk of children’s fingers becoming trapped in doors, as the pupils who attend the school have learning and physical disabilities, making them particularly vulnerable.

“It would have been relatively easy to walk around the school to check all of the doors had been fitted with finger guards before pupils moved into the new building, but the charity failed to do this.

Mr Norton said that it was “vital” that organisations “do more than just identify risks“ – and ensure measures are in place to tackle potential dangers. Mr Norton added:

“A nine-year-old boy has suffered an injury that will affect him for the rest of his life because of the failings of the charity which runs the school.”

Duncan Lewis Personal Injury Solicitors – Accidents at School

Duncan Lewis is a leading firm of personal injury solicitors and can advise on how to make a no win no fee compensation claim for Accidents at School or Children’s Accidents which result from the negligence of another party – such as a school, local authority or individual.

Duncan Lewis can also advise teaching staff and lecturers – as well as school or college administration and support staff – on how to make a no win no fee personal injury claim if injuries at work occur as a result of someone else’s negligence.
Personal injury claimants usually have three years from the date of the injury to make a claim – and for children, the limitation period for making a personal injury claim is three years from the age of 18.

For expert legal advice on making no win no fee claims for Accidents at School or Children’s Accidents, contact Duncan Lewis Personal Injury Solicitors on 020 7923 4020.