Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
HSSnail  
#1 Posted : 26 May 2010 07:58:01(UTC)
Rank: Super forum user
HSSnail

This may be of interest to some of you, it is the verdict of the trial of the death of a 14 year old boy on a school caving trip in north Yorkshire.

http://news.bbc.co.uk/1/...th_yorkshire/8693433.stm

It happened close to my home, and as a Father whose child did a similar course while at school a few years ago (though not with this outdoor centre) and having been a school governor for may years, who approved of these type of these types of activities I have followed the case as much as I could in newspaper and Internet reports. My sympathies go to the parents, I cannot imagine how I would have felt had this been my child, but the jury has decided no offence was committed.

Brian
Clairel  
#2 Posted : 26 May 2010 14:17:14(UTC)
Rank: Super forum user
Clairel

I'm a local, who's hubby is a caver and has caved there, who knows Bewerley Park staff (and they are competent staff who I would trust), who's kids went down those very caves on school trips and who knows the circumstances of this case.

I'd say this was the right decision. It really was a freak event. And this is the right decision to send out the right message to schools about school trips.

My very deepest sympathies to the family but sometimes accidents really do happen due to unforseen circumstances and in this case mother nature.
ITER  
#3 Posted : 26 May 2010 14:29:42(UTC)
Rank: Forum user
ITER

Quite agree.

Life is a risk.


I'm also local, both of my sons have been to this facility as part of their school activities and had a really great time.

We can't stop kids taking risks- in fact I want my kids to do so - but alsoto learn how to make sensible risk decisons without being paranoid, so that they can enjoy life. Part of that learning involves being put into 'risky' situations.

Welcome back Clairel
MaxPayne  
#4 Posted : 26 May 2010 15:32:06(UTC)
Rank: Super forum user
MaxPayne

A sad and tragic case, but the right decision reached.

I done caving years ago and you know the risks even as a novice, that's part of the appeal with any outdoor activity such as caving, climbing etc.
RayRapp  
#5 Posted : 27 May 2010 11:20:48(UTC)
Rank: Super forum user
RayRapp

It is difficult to comment on whether the jury made the right decision without knowing some more material facts. If the boy died due to an 'unforeseeable' event, then it was probably the right decision. However, I sympathise with the Mother who commented "You don't expect your child to go on a school trip and never come back."

I wonder if the school still do caving trips at this location? I accept that life is about experience and taking risks, but it could now be argued that the cave under certain circumstances may be too risky. If trips still occur, have the school put in extra interventions to ensure a similar tragedy does not occur? After all, the key argument that the fatality occurred due to an unforeseeable event does not carry the same weight.
Clairel  
#6 Posted : 27 May 2010 11:33:41(UTC)
Rank: Super forum user
Clairel

Ray I do know the circumstances and they were 'freak' circumstances.

Of course no one expects their child not to come back from a school trip but this is life and they may not come back from going to the shops becuase they were hit by a car crossing the road. It's sad but life.

The whole point is that it is not down to the school to take extra precuations they didn't run the trip. It was a school trip but they weren't running the activities. That is why the council were being prosecuted and not the school. The caving trip was organised by Bewerley Park, which is a council run outdoor adventure facility, and who are experienced and competent at what they do (caving, kayaking, climbing...you name it). The cave is a beginner cave and most kids in this area will have caved there with Bewerley Park at some time during there school days and hopefully still do.

Of course Bewerley would have taken on board what happened. I just hope they don't start erring on the side of caution too much as then they would never take kids anywhere. It was tragic but it was an accident. What a shame if other kids can't go to that cave too.
RayRapp  
#7 Posted : 28 May 2010 16:54:56(UTC)
Rank: Super forum user
RayRapp

Claire

Thanks for the response. You evidently have more knowledge on this matter than I. Whilst it may not have been a school organised event I would have thought there was an onus on the school to ensure the organisers were competent etc. Not suggesting they are not competent either. That said, we often put forward the argument that accidents don't just happen, they are often the result of poor planning, training, supervision and so on.

I feel uneasy about an event which ends in a fatality, particularly a vulnerable young person. I can't help but think some intervention could have been in place to prevent this tragedy. Not knowing anything about caving it is difficult to put forward any controls, except I have seen a rope attached to to each person in order to ensure no one strays from the group; as appears to have happened in this case.
Seamusosullivan  
#8 Posted : 28 May 2010 20:23:24(UTC)
Rank: Forum user
Seamusosullivan


In a criminal trial one never knows the result a jury can come up with. Without sitting through the case, and analysing jury members, and members of both the prosecution and defence team one could not comment. However it was a criminal trial with the higher standard of proof. If there was any doubt in the guilt of the accused the jury would have been instructed by the Judge to acquit.

The deceased was a child, and one wonders was this death forseeable.I suggest it was. Now that the criminal trial is over, this I expect will be raised in the civil trial. The defendant will no doubt have to settle for a considerable sum of money.
barnaby  
#9 Posted : 30 May 2010 18:27:18(UTC)
Rank: Guest
Guest

RayRapp wrote:
Claire

Thanks for the response. You evidently have more knowledge on this matter than I. Whilst it may not have been a school organised event I would have thought there was an onus on the school to ensure the organisers were competent etc.



There would be some onus on the school; I would think that was explored by HSE. It would seem the school is a community school in North Yorkshire. Therefore, as employer there too, it would still have been N Yorks CC that was prosecuted.
Ron Hunter  
#10 Posted : 31 May 2010 13:27:14(UTC)
Rank: Super forum user
Ron Hunter

The circumstances, however unlikely they may have been, and perhaps previously determined as "unforeseeable" are now entirely foreseeable. One trusts a review of SSoW has since been undertaken.

As I read the BBC page, the circumstances relate to flooding or flash flooding in the cave.
I and my colleagues have included flash-flood potential in our risk assessment processes for many years for our people working on or near water-courses. Rainfall at remote and out-of-sight source can very quickly lead to flash-flood further down-stream. At the very least, we ask our people to keep a weather-eye on proceedings, know the source of the water course they are on, listen to local weather, up-stream radio comms, etc. and plan the work accordingly.
I for one don't sit comfortably with the "unforeseeable" camp.
HSSnail  
#11 Posted : 01 June 2010 11:15:15(UTC)
Rank: Super forum user
HSSnail

Ron

I think if you look at more of the reports you will find that the cause of the flash flooding in the cave was water blowing over a dam. I don’t think there was any rainfall in the area, or on the flood plain for the cave, which could have caused the event. These type of events I believe, that had been included in the risk assessments, and it was partly why the cave was considered suitable for novices/children.

The HSE argued that water coming over the Dam was foreseeable, I believe NYCC argued that it was such a “freak” event that had never been know to happen before (i.e. combination of height of water behind dam, wind speed/direction etc) that it was nor foreseeable. The jury obviously agreed with NYCC.

I have very little experience of caving (one weekend trip) but have been involved in other outdoor “adventure” sports; I have even been a professional SCUBA instructor. In any of these events you plan as meticulously as you can, but Mother Nature can always throw a spanner in the works. The only way to prevent “unforeseeable” accidents in these kinds of activities is to ban them altogether, is that sensible risk assessment?

As I said when I started this email I cannot imagine the anguish this must cause the parents, and my deepest sympathies go to the family but the verdict is not guilty of an H&S offence.

Brian
Ron Hunter  
#12 Posted : 01 June 2010 23:40:56(UTC)
Rank: Super forum user
Ron Hunter

I think I still side with the HSE. Hindsight is a wonderful thing of course, and the law such an imperfect beast. Sometimes the innocent are found guilty, and vice-versa.
Clairel  
#13 Posted : 02 June 2010 10:46:37(UTC)
Rank: Super forum user
Clairel

As Brian rightly said the flooding of the cave was caused by extreme winds blowing unusually high water levels over the damn. That cave is used all the time as a training cave and it was not an event that had occured before. It was not forseeable.

You cannot forsee all events especially with outdoor sports. You can put a kid on a the most steady horse but there is never a guarantee that the horse won't spook and bolt. You can never guarantee that a tyre won't burst on a bike when going downhill. Things do happen, you take reasonable precuautions but there are never guarantees.

Ron would not be welcome in my community of outdoor friends as his attitude is unrealistic and does nothing by promoting risk aversion and the attitude that it is better not to let kids do anything in case they get hurt.

However Ron, I notice that you are inconsistent in your approach. Your approach in this instance is very hardlined and yet I quote part of your response from another thread:

"I would say though that there has to be a recognition here of "there but for the grace of God....". We all get it wrong sometimes, and that 'sometimes' might just coincide with a HSE visit. Or not."

So which is it Ron, there but for the grace of god we all make mistakes or everyone should elimiate all risk at anytime?
Ron Hunter  
#14 Posted : 02 June 2010 13:27:52(UTC)
Rank: Super forum user
Ron Hunter

You're playing with words there Clairel, and I'm not rising to that.
I seem to recall you were absent from these Forums for quite some time previously after a bout of antagonism of other posters.
I take great offence at your suggestion that I promote risk aversion.
(Once again?) you would appear to me to be in breach of AUGs.

Moderator 2  
#15 Posted : 02 June 2010 13:45:10(UTC)
Rank: Moderator
Moderator 2

Please could we remind forum-users to be mindful of the forum rules (see the tab above the forums)? In particular, please avoid giving offense to others.

Jane
Clairel  
#16 Posted : 02 June 2010 14:54:52(UTC)
Rank: Super forum user
Clairel

Would the moderators pleaase give me the decency of telling me why they have deleted my post. I am gobsmacked. I never said anything offensive!!!!
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.