A company that operates several household waste and recycling centres in Wales has been fined for failing to protect workers and members of the public.

Sundorne Products (Llanidloes) Limited pleaded guilty to the failures identified at Llandrindod Wells Household Waste and Recycling Centre in Powys. The charges arose following an inspection by the Health and Safety Executive (HSE) on 6 October 2022.

A HSE inspector identified a risk of serious injury to both workers and the public. Action was taken to stop the use of three waste compactor machines due to there being unrestricted access to the controls and to dangerous parts of the machines, namely the compaction chambers.

HSE guidance, including information on the various safety hazards, is freely available on HSE’s waste management and recycling webpages.

Further enforcement action was taken to secure improvements in the management arrangements and improved control measures.

A subsequent HSE investigation identified that the risks associated with the compactors operation had not been adequately assessed and there was no clear instruction or training provided to workers.  The pre-use checks were considered inadequate and there was no recognised safe method of clearing blockages within the compaction chambers.

Sundorne Products (Llanidloes) Limited of Potter House, Henfaes Lane, Welshpool, Powys, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £100,000 and ordered to pay costs of £10,077 at a hearing at Welshpool Magistrates Court on 28 January 2025.

Speaking after the hearing, HSE inspector Joe Boast said, “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.  The charges extend to failings in respect of risks to the public”.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

The director of a Sheffield-based skip hire company has avoided an immediate spell behind bars after being found guilty of multiple breaches of health and safety law.

Following an investigation and subsequent prosecution by the Health and Safety Executive (HSE), Jamie White, the director of M White (Skips) Limited, was given an eight month custodial sentence, suspended for a period of 12 months. His company was fined £65,000.

Both White and his company appeared at Sheffield Magistrates Court on 23 January 2025 to be sentenced, the same court where they had been found guilty of several charges brought by the HSE following a five day trial in October last year.

HSE has detailed guidance on waste management and recycling including about how it should be safely sorted and processed.

The court heard that HSE inspectors visited the company’s site on Worthing Road in the Attercliffe area of Sheffield, on 8 August 2022, after receiving multiple reports of poor conditions both there and along the public highway. When inspectors arrived, they found skips loaded with waste material stacked along the public highway and piles of other waste preventing workers from safely moving around the site, as well as blocking access to welfare facilities, including the staff toilets.

Immediate action was taken by HSE, with prohibition notices being issued preventing any further stacking of the already loaded skips. However, a follow-up visit less than a month later found no improvements had been made – as well as evidence the enforcement action had been ignored.

Subsequent enquiries found the company did not hold Employers’ Liability (Compulsory Insurance), a legal requirement for employers. Further prohibition notices were served, including the prevention of hand sorting of waste materials from skips on the public pavement due to the obvious risks to members of public trying to walk past.

The subsequent HSE investigation found there had been a steep decline in general health and safety standards at the firm, giving rise to significant risk to employees and members of the public. With no effective health and safety management and an apparent loss of control over general conditions, there had been no attempt to reduce the risk from hazards on site to safeguard employees. The company, and White, failed to comply with the law, despite enforcement notices being served requiring action to be taken.

M White (Skips) Limited of Worthing Road, Attercliffe, Sheffield was found guilty to non-compliance with three Prohibition notices and to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974, and also Section 1(1) of the Employers’ Liability (Compulsory Insurance) Act 1969. The Company was fined £65,000 and ordered to pay £13,280 in costs at a hearing at Sheffield Magistrates Court on 23 January 2025.

Jamie White, of Blonk Street Sheffield, Director of the company when HSE visited, was found guilty to non-compliance with two Prohibition noticesand to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 by virtue of Section 37(1), and also Section 1(1) of the Employers’ Liability (Compulsory Insurance) Act 1969. He was given an eight month custodial sentence, suspended for 12 months, and must complete 150 hours of unpaid work. He was also disqualified as a company director for a period of three years and ordered to pay £13,280 in costs.

After the hearing the HSE inspector Laura Hunter said: “As the sole director, Jamie White also worked on the site and was fully aware of the poor conditions which his employees were subjected to.

“Full skips were deposited and stored on the public highway, with employees later needing to use the street to sort through waste materials when the site became inaccessible.

“By law, employers are required to insure against liability for injury or disease to their employees arising out of their employment – it is compulsory insurance. Mr White failed to arrange for his company to obtain it for his workers, despite HSE serving an enforcement notice legally requiring him to do so.

“Companies should ensure that they understand and follow health and safety laws and guidance and act responsibly to protect both their employees and the public from the activities under their control.”

The HSE prosecution was brought by senior enforcement lawyer James Towey and enforcement lawyer Kate Harney, supported by paralegal officer Imogen Isaac.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.
5. HSE guidance on waste management and recycling and about how it should be safely sorted and processed is available.
6. HSE guidance for employers on Employers’ Liability Insurance is also available.

An Essex-based company that makes windows and doors has been hit with a £4,000 fine after repeatedly failing to protect its workers from exposure to wood dust.

Timbercraft Windows & Doors Limited, which also manufactures wooden conservatories, was visited by the Health and Safety Executive (HSE) on three occasions over a 12-year period.

Those visits, to the company’s workshop on Severalls Industrial Park in Colchester, identified large build-ups of wood dust around machinery as well as other health and safety breaches. These included workers not being provided with suitable respiratory protective equipment (RPE).

• Breathing in wood dust excessively can cause asthma and nasal cancer. Guidance on working in the woodworking industry is available and an inspection-led campaign to protect workers continues.

A subsequent HSE investigation found the company failed to adequately control and prevent its employee’s exposure to wood dust in the following ways:

• inadequate local exhaust ventilation (LEV) and a failure to have its LEV thoroughly examined and tested within the preceding 14 months;
• failure to have employees face fit tested for their RPE;
• common dry sweeping of wood dust;
• using compressed air lines for clearing of wood dust from machines;
• using incorrect L class vacuums; and
• failure to have employees who were exposed to wood dust under health surveillance.

For each of failures above the solutions are widely known in the woodworking industry:

• Health surveillance should be undertaken for employees exposed to wood dust; a system of on-going health checks to detect ill-health effects such as occupational asthma at an early stage.
• LEV in woodworking should be subject to a thorough examination and test by a competent person, no less frequent than every 14 months. It is a detailed and systematic examination sufficient to make sure the LEV can continue to perform as intended by design and will contribute to the adequate control of exposure.
• Adequate LEV will be dependent upon the process, however guidance sheets for control of wood dust at woodworking machines are available for free from the HSE website.
• Face fit testing is required for tight fitting RPE to ensure that it fits the wearers face and does not leak, as this would increase the wearers exposure.
• Wood dust should be cleared on a regular basis using a minimum of an M class vacuum. Dry sweeping and use of compressed air lines should not be used for clearing of wood dust as they create plumes of dust that can then be inhaled once again.

Following the December 2022 inspection, three improvement notices were served relating to control of wood dust. A further improvement notice was served relating to arrangements for monitoring, guarding and other protection devices on machinery.

Each visit by HSE inspectors during the past 12 years had resulted in improvement notices being issued, along with other action taken. However, despite this, the company still failed to act, including to provide its workers with suitable RPE.

Timbercraft Windows & Doors Limited, of Crowborough East Sussex, pleaded guilty to breaching Regulation 9(2), 11(1) and 7(1) of Control of Substances Hazardous to Health Regulations 2002.

The company was fined £4,000 and was ordered to pay £2,792 costs at a hearing at Colchester Magistrates Court on the 16 of January 2025.

HSE inspector Tom McQuade said: “Just seeing the piles of wood dust lying around gave us an indication of how much workers would have been exposed.

“The risks from exposure to wood dust are well known and exposure can cause irreparable harm.

“The fine imposed should highlight to employers in the woodworking industry that the courts and HSE, take failure to control exposure to harmful substances, such as wood dust, extremely seriously.

“Appropriate controls are well documented, and guidance is provided free of charge on the HSE website.

“Businesses need to protect their employee’s respiratory health. And if they don’t, we will not hesitate to take appropriate action.”

This HSE prosecution was brought by enforcement lawyer Arfaq Nabi and paralegal officer Helen Hugo.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

A specialist construction company has been fined £60,000 after a worker fell to his death from a church steeple in Birmingham.

David Clover was employed by Ecclesiastical Steeplejacks Ltd to carry out restoration work to St Nicholas’ Church in Kings Norton on 13 November 2020. The 64-year-old steeplejack had been suspended from the 60 metre tall steeple of the Grade 1 listed building, sitting in a ‘bosun’s chair’ – a work positioning seat – when he fell, suffering fatal injuries.

An investigation by the Health and Safety Executive (HSE) identified that the bosun’s chair was not supported by a suitable backup system preventing falls, such as, a double or twin leg lanyard fall arrest harness.

Working at height remains one of the biggest causes of fatalities and major injuries. 50 people died as a result of a fall from height in 2023/24. HSE guidance is available.

Ecclesiastical Steeplejacks Ltd, which has ceased trading since the incident, but was formerly of Maryvale Business Park, Maryvale Road Stirchley, Birmingham, pleaded guilty to contravening Regulation 4(1) of the Work at Height Regulations 2005. It was fined £60,000 at a hearing at Birmingham Magistrates’ Court on 15 January 2025.

In passing sentence, Judge Quereshi found the company had outdated attitudes to managing health and safety.

After the hearing, HSE inspector Emma Page said: “Falls from height remain one of the leading causes of work-related deaths and injury in Great Britain.

“We will take action against companies that fail to protect workers.

“Our thoughts remain with the family of David Clover.”

This HSE prosecution was brought by HSE enforcement lawyer Julian White and paralegal officer Imogen Isaac.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.
5. HSE guidance on working safely at height is available.

A Blackburn-based furniture manufacturer has been fined after it repeatedly failed to protect its own workers from exposure to wood dust.

Pendle Woodcraft (Blackburn) Limited failed to implement safe working practices despite earlier interventions from the Health and Safety Executive (HSE).

The company consistently failed to control the accumulation of wood dust at its site in Darwen, Lancashire. Wood dust can cause serious and often irreversible health problems, including dermatitis and when breathed in excessively it can cause asthma and in the case of hardwood dust nasal cancer. Wood dust is also known to be flammable and, in certain situations, can cause a fire or explosion.

HSE provides a range of guidance on working in the woodworking industry, covering the Control of Substances Hazardous to Health (COSHH) Regulations 2002; exposure limits; extraction; and health surveillance.

Inspectors from the HSE carried out a series of visits to the company over an eight year period, repeatedly identifying large amounts of wood dust. The first of those visits came in November 2015, when HSE offered advice on the control of wood dust. The site was visited again in April 2019, November 2021, and finally on 5 June 2023, as part of the workplace regulator’s Dust Kills campaign, which targeted woodworking businesses due to the significant health risks associated with wood dust.

However, on each of these three occasions inspectors observed excessive amounts of wood dust and served Improvement Notices.

Pendle Woodcraft (Blackburn) Limited, Cotton Hall Street Darwen, Lancashire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and were fined £6,000, and ordered to pay costs of £2,926.55 on 15 January 2025 at a hearing in Blackburn Magistrates Court.

After the hearing, HSE Inspector Tracy Fox said: “This company repeatedly failed to protect its own workers.

“Wood dust is a substance hazardous to health because it can cause serious non-reversible health problems, including asthma; dermatitis; and irritation to the eyes, nose and throat and all businesses need to protect their workers’ respiratory health.

“The expected standard is to control exposure to wood dust to as low a level as is reasonably practicable.

“Companies need to be aware that when HSE identifies repeated similar significant failings in the workplace, a prosecution will always be considered.”

The prosecution was brought by HSE enforcement lawyer Chloe Ward and paralegal officer Helen Hugo.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

An MOT Testing centre in Finsbury Park has been fined £10,000 after a child sustained life changing injuries after being hit by a car and crushed.

A 14-year-old boy was with an adult, sitting down, waiting for an MOT to be conducted at New Auto Tech Limited on 4 May 2022. The chair was situated in front of the brake rollers, however, as the MOT technician attempted to move the car in reverse, the vehicle was driven forwards off the brake rollers, crushing the child against the wall.

The boy required immediate hospital treatment, having sustained multiple pelvis fractures. They were off school for over a year and bed bound for three months following the incident.

There are many known risks associated with the motor vehicle repair industry and detailed HSE guidance is available.

An investigation by the Health and Safety Executive (HSE) found that New Auto Tech Limited had failed to ensure that members of the public were in a safe area when vehicles were being moved.

The MOT Centre had a designated ‘viewing area’ to the side of the brake roller bay. This was a painted box on the floor with a chair placed inside it. However there were no protective barriers and the business failed to stop customers from moving out of this area into parts of the workshop where vehicles were moving.

New Auto Tech Limited of Alroy Road, London, pleaded guilty to breaching  Section 3(1) of the Health and Safety at Work etc. Act 1974 for its failure to ensure the health, safety, and welfare of those not in its employment. The company was fined £10,000 and ordered to pay costs of £6,810  following a hearing at Westminster Magistrates Court on 10 January 2025.

After the hearing, HSE inspector Michelle Morphy said: “This case sends a clear message to MOT Test Centres that HSE will hold them to account if they fail to protect both workers and members of the public.

“On this occasion, they failed to protect a child, by allowing them to move from their allotted viewing area into an operational area, which should have been restricted to workers only.

“As such the child was seriously injured in a totally avoidable incident.”

This HSE prosecution was supported by HM inspector Oscar Dower and brought by enforcement lawyer Jayne Wilson and paralegal officer Lucy Gallagher.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

A company that produces stone products and its director have been fined a total of just under £20,000 after repeatedly failing to protect workers from exposure to Respirable Crystalline Silica (RCS).

The Health and Safety Executive (HSE) carried out several inspections on Warmsworth Stone Limited, which produces carved stone masonry products using limestone, sandstone, granite and marble, at the company’s site at Knabs Hill Farm on Clayton lane in Thurnscoe, starting in May 2023.

Following these inspections, the company was served with seven improvement notices, which covered several failures including exposure to stone dust, control of legionella bacteria and inadequate welfare facilities.

When HSE inspectors returned in September 2023, five of the improvement notices had still not been complied with – despite the company being given an extension to do so following another visit in August.

The company had shown reckless disregard of several health and safety issues including the assessment and control of respirable dust, and the company’s standard of health and safety management was far below what is required by health and safety law, leading to HSE’s proactive prosecution for failure to control the exposure of workers to RCS.

Stone workers are at risk of exposure to airborne particles of stone dust containing RCS when processing stone, by cutting, chiselling and polishing. Over time, breathing in these silica particles can cause irreversible, life-changing and often fatal respiratory conditions such as silicosis, chronic obstructive pulmonary disease and lung cancer. HSE provides a range of guidance for stone workers Stoneworkers: Health and safety topics.

After the hearing the HSE inspector Charlotte Bligh said: “The company management responsible for health and safety were neither informed nor competent enough to carry out their role under the law.

“Over time, the basic measures to secure the health of all on site had not been taken, there had been no attempt to assess health risks and existing control measures had not been properly maintained.

“The company failed to take the initiative in health and safety matters and seek guidance, instruction and competent advice on implementation and communication of those measures necessary to control the risks at the site.

“The provision of suitable protection for worker’s health is a basic requirement that this company has failed to meet. HSE will not hesitate to take appropriate action against those that fail to comply with the requirements of enforcement notices.”

Warmsworth Stone Limited of 1-3 Sheffield Road, Warmsworth, Doncaster, South Yorkshire pleaded guilty to breaching section 21 of Health and Safety at Work Act 1974 by failing to comply with an Improvement Notice, breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 by failing to adequately control employee exposure to a substance hazardous to health namely RCS and breaching Regulation 9(2)(a) the same Regulations by failing to have local exhaust ventilation subject to a thorough examination and test at least every 14 months.

They were fined £18,000 and ordered to pay costs of £4,064.

Director Simon Jonathan Frith pleaded guilty to being a director of a company that had breached Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 by failing to adequately control employee exposure to a substance hazardous to health namely RCS and breaching Regulation 9(2)(a) of the same Regulations by failing to have local exhaust ventilation subject to a thorough examination and test at least every 14 months, those offences being committed with his consent, connivance or neglect.

He was fined £1,062, and ordered to pay costs of £3,782.

This HSE prosecution was brought by enforcement lawyer Iain Jordan.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

A company has been fined £133,000 after a man was left seriously injured when he fell through a barn roof in Southampton.

The 37-year-old from Bursledon had been helping his friend repair a fire-damaged storage barn at Dodwell Farm Limited on Pylands Lane on 9 February 2023. The father-of-one had been at the top of a sloped roof fixing new panels to timbers, but they weren’t strong enough to hold his weight. They gave way when he stood on them and he fell through to the hard surface about 10 metres below. The injuries he sustained were severe and resulted in an extended period in hospital.

An investigation by the Health and Safety Executive (HSE) found that safety measures such as barriers, netting or access equipment were not in place.

Dodwell Farm Limited had failed to take appropriate precautions to ensure the safety of workers, and others affected by the work, when replacing the barn roof.

Working at height remains one of the biggest causes of fatalities and major injuries. Common cases include falls from ladders and through fragile surfaces. HSE guidance is available.

Dodwell Farm Limited of Bursledon pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £133,000 and was ordered to pay £8,816 costs plus £2,000 surcharge at a hearing at Southampton Magistrates Court on 3 Jan 2025.

After the hearing, HSE inspector Nicola Pinckney said: “Too many workers are injured and killed every year as a result of falling from height.

“The sentence imposed on Dodwell Farm Limited should underline to everyone who carries out work at height that the courts, and HSE, take a failure to follow the regulations extremely seriously.

“Measures to prevent the accident, such as avoiding working from the roof, protecting fragile surfaces and having netting in place, are well known and readily available.

“HSE will not hesitate to take action against companies which do not do all that they should to keep people safe.”

This HSE prosecution was brought by enforcement lawyer Iain Jordan and paralegal Helen Jacob.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

The Health and Safety Executive (HSE) continues to investigate an incident involving a fairground ride in Birmingham City Centre.

Twelve people were injured as a result of the incident on the evening of 12 December 2024. Two people were taken to hospital and discharged shortly after with minor injuries.

The ride involved in this incident will remain in situ to preserve the scene while the criminal HSE investigation continues.

HSE Principal inspector Matthew Whitaker said: “We appreciate this incident has affected many people during the festive period. We are thoroughly investigating to establish whether there have been any breaches of health and safety law.

“Once our investigation is complete, a decision will then be made on what further action will be taken.”

West Midlands Police has released two men on bail pending further enquiries.

Anyone with CCTV or mobile phone footage, which may assist the investigation, has been asked to get in touch with West Midlands Police quoting log 4290 of 12 December.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.

1. The other rides which are currently inside the cordon are being checked by Birmingham City Council. Once those checks have been done, the cordon will reduce to cover the StarFlyer only which will remain in situ to preserve the scene.

1. More information on the HSE’s Enforcement Policy Statement is available.

A school academy trust has been fined £300,000 after a 19-year-old student died as a result of a ‘series of management failures’.

Owen Garnett, who was described by his family as having “an incredible sense of humour” and who had “everything to live for” died two days after choking on a paper towel at Welcombe Hills School in Stratford-upon-Avon on 9 January 2023.

The teenager was a Sixth Form student at the school, which is for children with special educational needs and part of the Unity Multi Academy Trust (MAT). He had been diagnosed with Pica – a potentially life-threatening eating disorder where sufferers have a compulsion to eat things which have no nutritional value. He had been a student at the school since the age of 11. Despite a near miss incident just days earlier, the school failed to take action to make sure it didn’t happen again.

An investigation by the Health and Safety Executive (HSE) found that none of the staff in Owen’s class team had received any specific training on the management of safety risks associated with Pica.

Before she died, Owen’s grandmother Maureen Garnett provided a statement alongside her husband Cliff.

“After Owen had passed away we never slept, we never ate, all we could do was cry,” they said.

“This lasted for months.

“This was supposed to be a place where Owen was safe and secure and happy.

“Owen had Pica and should have been kept under close supervision at all times and I can’t understand why this didn’t happen.

“We would describe Owen as a unique, lovable, challenging and caring and happy child.

“He will never be forgotten and our family will never get over this.”

The HSE investigation also found that students at the school have individual risk assessments which detail any specific health and safety risks, which relate to them, and the control measures that need to be in place at to protect against that risk. The risk of choking associated with Pica was identified on Owen’s risk assessment and a “named person” was supposed to supervise him to make sure he did not eat anything that could cause him harm.

On 9 January 2023, Owen was out in the playground area with other students during a break from class, unsupervised, and found his way back into school. It took several minutes for his absence to be noticed and when he was found, it was around the side of the building, and he was choking. Emergency services were called, and although they retrieved a ball of paper towel from his throat, he had been without oxygen too long and later died in hospital. Days before, there had been a similar incident with Owen, where he was seen in the playground by a teacher, again choking on blue towel, but Owen managed to clear his airway on his own.

The school failed to ensure that all the safety risks associated with Pica hazards, such as, in Owen’s case, the garden area, or supplies of paper towels, were correctly identified and that the preventive and protective measures including supervision, were organised in such a way as to protect him. They also failed to effectively investigate and respond to the concerns raised by his family.

His foster parents, Jacqueline and Graham Blackwell, said the day Owen died had started out as any other.

“Owen got up and had his breakfast,” they said.

“I can still remember him waiting excitedly for his usual taxi driver to pick him. He gave me a cuddle and then left for school.

“Owen was part of our family, we had made so many adjustments and made so many plans so that he could remain with us indefinitely.

“We had been saving to take him to Florida to swim with dolphins, but this is something he will never get to do. We ended up having to use this money to cover the cost of Owen’s funeral.

“His death has ruined every part of our lives.

“Owen had everything to live for and was such a character and used to love joking and playing about – he had an incredible sense of humour.”

• HSE guidance states that when assessing the health and safety risks to individual students is necessary, educational employers should follow a risk management approach that focuses attention on the real risks; involving employees, students and carers in identifying the individual’s needs and necessary precautions.

Unity MAT, c/o Woodlands School Packington Lane, Coleshill, Birmingham, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. They were fined £300,000 and ordered to pay £10,750 in costs at Coventry Magistrates Court on 18 December 2024.

HSE inspector Rebecca Whiley said: “This tragic incident could have easily been avoided if Owen was being closely supervised, as he should have been.

“The near miss incident a few days before should have raised the alarm with the school and triggered an investigation into how Owen had been able to access the paper towel, and steps could have been taken to prevent it happening again.

“His death resulted from a series of management failures throughout Owen’s time at the Hub, and a failure by the school to act on the concerns raised by his family.

“Our thoughts today are with Owen’s family. He was a young man with a happy life ahead of him. He should have returned home safely to his family after a day at school, but because of the failings by Welcombe Hills School and Unity MAT, he did not.”

This HSE prosecution was brought by HSE enforcement lawyer Arfaq Nabi and paralegal officer Sarah Thomas.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.
5. HSE guidance on supporting pupils with disabilities, special educational needs and additional support needs is available.