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Gate installation company fined after automatic school gate traps boy (14 July 2014)

Date: 14/07/2014
Duncan Lewis, Legal News Solicitors, Gate installation company fined after automatic school gate traps boy

The Health and Safety Executive (HSE) has successfully prosecuted a Leicestershire firm, after a young boy got his head trapped in an electronic gate at a primary school.

Dudley Magistrates’ Court heard that the boy’s father tried desperately to release his son’s head from the gate, after seeing him became trapped between the closing gate and the gatepost.

The boy sustained “significant bruising” to the right side of his head and also his right ear.

His father managed to hold the closing gate apart for long enough to release him before more serious injury could occur, however.

An HSE investigation revealed that the installers of the automatic gate, Access Control Solutions (UK) Ltd, had failed to install sufficient guards on the gate at Pedmore Primary School.

The court heard that, although the company had identified that guards were needed, the gate had been manufactured by another company and the guards acquired did not fit the design of gate supplied.

On Thursday (10/07/14), Access Control Solutions (UK) Ltd – based at Boston Road in Leicester – pleaded guilty at Dudley Magistrates’ Court to breaching Regulation 18 of the Workplace (Health, Safety and Welfare) Regulations 1992.

The company was fined £3,300 with £773 costs.

After the hearing, HSE Inspector Sarah Palfreyman said:

“This was an extremely traumatic event for the boy and his father – fortunately, the youngster was back at school a couple of days later and he has not suffered any long term effects.

“However, it could have been a different story had he been trapped by a different part of his head, or had it happened to a younger child.

Ms Palfreyman went on to say that the incident was entirely preventable.

“Access Control Solutions identified the need for the guard in their own job specification – but when the gate arrived, it was not the type expected and the guard did not fit,” she said.

“At this point, they should have either come up with an alternative, or postponed the job until the problem was rectified – especially as they were fully aware that the entrance would be used by a particularly vulnerable group: young children.

“People getting trapped is a well-known risk in the industry – and HSE has produced safety notes on the subject, due to a number of fatalities involving children in recent years.

“I would encourage all suppliers and installers of electric gates to read it,” she added.

The boy’s father said that the effort involved in pulling the gate apart to release his son took all his strength.

“I had gone to collect him from the after school activity club and he ran towards the gate, which was still open.

“I told him to stop and wait for me – and as he did, I saw the gate was closing and was touching his shoulders.

“Realising the danger, I leapt to the gate but by then it was on his head and he was screaming. I was pulling it with all my strength. It nearly beat me but managed to pull it enough to get his head out.”

He added that his son still talks about he incident – and thinks it is his fault and he did something wrong.

“That upsets me as much as the incident itself,” said the boy’s father.

Duncan Lewis Personal Injury Solicitors – Accidents at School

Duncan Lewis is a leading firm of personal injury solicitors and can advise on making no win no fee compensation claims for Accidents at School and Accidents Involving Children as a result of someone else’s negligence.

Personal injury claimants have three years from the date of injury in which to claim – children can claim for up to three years after the age of 18.

For expert legal advice on no win no fee compensation claims for Accidents at School and Accidents Involving Children, contact Duncan Lewis personal injury solicitors on 020 7923 4020.

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