A Council has been fined after a young child fell almost three metres to the floor from a gap in railings, sustaining serious head injuries.
The Court heard how on 16 November 2018, a family was visiting a City centre to watch the Christmas parade. While standing at a viewing point, their 21-month-old daughter fell through a gap in the railings onto the floor below, resulting in a fracture to her skull.
An investigation by the HSE found that one of the spindles on the railings had been missing since at least May 2017, leading to a significant gap (22cm) in the physical protection of the railings. The Council failed to ensure that railings were maintained to prevent a risk of a fall from height. No risk assessment or risk control measures were put in place for members of the public and employees accessing or working there before the incident occurred. The Council failed to provide adequate information, instruction and training to ensure employees understood the risks associated with a lack of maintenance on the railings.
The Council pleaded guilty of breaching section 3(1) of the Health and Safety at Work etc. Act 1974. The Local Authority was fined and ordered to pay costs.
HSE Inspector said after the hearing: “Councils have a duty to adequately assess and control risks to members of the public, and maintain structures for which they are responsible.
“A child suffered serious injury as a result of what was an easily preventable incident if the risk had been identified and correct action taken to prevent a fall.”
Information from HSE Website