On 19 December 2024 a School Academy Trust in Stratford-Upon-Avon was fined £300,000 after the death of one of its pupils, Owen Garnett.
Owen’s tragic death acts as a sobering reminder of the importance of staff training in schools. Owen suffered from an eating disorder which caused him to have compulsions to eat things with no nutritional value. On 9 January 2023, whilst unsupervised, Owen ate a paper towel causing him to choke.
The HSE investigation into Owen’s death revealed that none of the staff in Owen’s class team at the school had received any specific training on the management of his eating disorder, or the risks associated with it. Schools must ensure that staff receive information and training about health and safety risks, including risks specific to their job, and how they can meet their responsibilities within the school’s health and safety policy.
Further to the lack of training, the HSE investigation also revealed that there had been a near miss incident days before Owen died. Despite being aware of the near miss, the school failed to take any action to ensure that the incident did not occur again. The HSE found that Owen’s individual risk assessment included information about his eating disorder and identified that he required a member of staff to supervise him to make sure that he didn’t eat anything that could cause him harm. Concerns had previously been raised by Owen’s family which the school failed to properly investigate. Owen should have been closely supervised at all times, particularly in light of the near miss incident.
How could this accident have been prevented?
Near misses should be recorded and investigated, they can provide important insight into how well health and safety is being managed and are a valuable tool in identifying risks. Proactive action should take place following the investigation of near misses in order to ensure there are no repeat incidents. Whilst it is not a legal requirement to record near misses, organisations do have a legal duty to protect employees and members of the public who may be affected by work activities. Being able to properly identify and investigate near misses reduces the risks of future accidents.
Under Section 2 and Section 3 of the Health and Safety at Work etc. Act 1974, employees have a duty to ensure as far as is reasonably practicable the health, safety and welfare of employees and non-employees.
At Birketts our team of safety specialists (former HSE inspectors) can offer practical and realistic expert advice and assistance and have the support of our team of specialist solicitors and barristers.
The content of this article is for general information only. For further information regarding health and safety in education please contact a member of the Birketts Regulatory and Corporate Defence Team.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at January 2025.