Health and Safety Failings – School governors fined after pupil’s shot-put injury

School governors fined after pupil’s shot-put injury

Key Facts:

• A school’s governing body have been prosecuted for ‘substantial’ safety breaches after a pupil was hit by a shot-put during PE lesson.
• The pupil was struck on the back of the head by a shot-put thrown by another student during a multi-sports lesson.
• His life-threatening injuries needed emergency brain surgery.
• The school’s governing body was fined £10,000 and £1,375 in costs.

The Case:

The governors of a boys’ school have been prosecuted after a pupil suffered severe head injuries after being struck by a shot-put in an incident on 20 June 2014.

During a routine PE lesson at the school, 24 pupils were split into six groups to take part in different activities – including multiple throwing events. Whilst measuring a friend’s throw during this lesson, the pupil was hit on the back of the head by a shot-put thrown by another student.

He suffered severe, life-threatening injuries and required emergency brain surgery to deal with a fractured skull and internal swelling. He was in hospital for just under a month, but has since been able to return to school. The incident has left him with a permanent indentation at the base of his skull. He is no longer able to take part in some contact sports and may suffer longer-term issues.

The HSE investigation found that the school had carried out a risk assessment for PE lessons, but had not followed recommended practice set out by the Association for Physical Education (AfPE). The AfPE recommends that lessons should be restricted to a maximum of four sports, with only one throwing event. In this incident, the school had six sports, three of which were throwing events. The events were not deemed to be adequately spaced either, with only 3m between the end of the triple jump pit and the end of the shot-put landing zone.

Therefore, the HSE identified that the school had failed to adopt the measures set out in its own risk assessment and that guidance on multi-sport lessons had not been followed.

The case was heard at Sevenoaks Magistrates’ Court on 24 March 2015, where the governing body pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The magistrates and the HSE agreed that breach had been ‘substantial’. The governing body was fined £10,000 and £1,375 in costs.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Kevin Golding stated that:

“By not adopting the measures identified in their own risk assessment, The Judd School put pupils at serious risk leading to a 14-year-old boy being struck by a shot put and suffering life-threatening injuries. It was a horrifying incident for him and his family and, of course, the rest of the pupils and the school itself.

While he is thankfully back at school, he will have to live with the consequences of the incident for the rest of his life.

It is vitally important that schools review their risk assessments for all PE lessons, but in particular for multi-sports lessons, to check that they are safe.”

What the law states:

Section 3(1) of the Health and Safety at Work etc Act 1974 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.”

Further information from the Association for Physical Education can be found here.

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