Legal News

The Health and Safety Executive (HSE) has successfully prosecuted Rochdale Metropolitan Borough Council after a child had two fingertips severed after they were trapped in a play park’s gate, which had been designed for use by children under the age of 11.

The two-year-old boy trapped his fingers in an external gate of the children’s play area at Springfield Park in Heywood, injuring his left hand.

Because of the boy’s age, it was not possible to ascertain exactly how the incident had occurred – but it is reported he was playing by the gate when one of the other children shut it, causing the hinges to close and creating a guillotine effect, which severed his fingertips.

The toddler had entered the park with his mother and three other children when the incident occurred on 20 August, 2014.

HSE investigators found that the risk assessment in place at the time of the incident had only assessed the locking side of the gate and not the hinge side.

The stopper mechanism on the gate had been removed and not replaced around 12 to 18 months before the incident – and the hole it had left had been filled in by park staff.

However, despite several inspections of the play park by various different members of Rochdale Council staff, no one had noticed that the stopper had been removed and the risk of injury to a child or adult remained.

On 3 July at Trafford Magistrates’ Court, Rochdale Metropolitan Borough Council of Smith Street in Rochdale, Lancashire pleaded guilty to Section 3(1) of the Health and Safety at Work etc. Act 1974

The council was fined £13,000, plus full costs of £1,317.

Speaking after the hearing, HSE Inspector Emily Osborne said:

“All of the children using Springfield Park are under 11 years of age – and Jacob at only two years’ old was particularly vulnerable.

“Rochdale Metropolitan Borough Council failed to make sure health and safety at the play park met the minimum legal standards – and put children visiting the play area at Springfield Park at risk over a long period of time.

“The risk of trapping fingers in the gate was not identified – and no prior action was taken by the council to stop this from happening.

“It is simply not good enough to not identify a serious risk and do nothing to prevent it. A guard should have been fitted over the dangerous part of the gate – or the stopper should have been replaced.

“Instead, a two-year-old boy suffered injuries that are likely to affect him for life, as a result of the council’s failings.”

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