By Adrian Creek – Rushmoor Borough Council Farnborough
A prosecution brought by Rushmoor Borough Council has seen a company fined £90,000 after a free-standing wall collapsed and killed a teenager in Aldershot three years ago.
The Staines Steel Gate Company Ltd admitted at an earlier hearing failing to comply with section three of the Health and Safety at Work etc Act 1974 after a free-standing wall collapsed on top of 16-year-old Reece Gething following the attachment of a chain to the structure.
Sixteen-year-old Reece, of Aldershot, died following the incident outside Ford Mears & Partners, in Grosvenor Road, Aldershot, on February 13, 2020.
And today (December 4) Recorder of Winchester, Her Honour Judge Angela Morris, sentenced The Staines Steel Gate Company Ltd, which had been located in Ruskin Road, Staines to a £90,000 fine at Winchester Crown Court.
The company were also ordered to pay £15,120 to Reece’s mother, Haylie Isom, and £52,853.55 of the council’s costs. Both the compensation and costs will be borne by the company’s insurance company.
Section three of the Health and Safety at Work etc Act 1974 places a duty on every employer to make sure people not employed by them are not exposed to risks to their health or safety.
The court heard that the Staines Steel Gate Company Limited had installed and attached a chain to the previously repaired free-standing wall to discourage unauthorised parking.
The court heard that free-standing walls are known to fail, and therefore a competent contractor employed to fit a chain would be expected to carry out an appropriate risk assessment of the task to ensure work could be safely carried out. This did not happen. Having failed to carry out the required risk assessment at any stage, the company failed to take any reasonably practicable precautions and breached its duty under the Health and Safety at Work etc Act.
Councillor Maurice Sheehan, Rushmoor Borough Council’s Deputy Leader and Cabinet member for Operational Services, said: “This is an important case because, at the heart of it, is a family mourning the loss of their young son. We hope that by bringing this case to its conclusion, it will help to provide some closure to Reece’s grieving family and friends following this tragic incident three years ago.
“This case highlights the dangers of free-standing walls and their structural safety. This company failed to assess the condition of the wall, that had been previously damaged, and then attached a chain to it without recognising the inherent risks or seeking advice, which could have prevented this tragedy.
“This sends a clear message to companies and individuals to use appropriate industry guidance to carry out the required risk assessments and implement required controls. In this case, a simple checklist could have prevented this tragedy. The law is there to protect everyone, and we will take appropriate enforcement action, where necessary.
“We hope Reece’s legacy is that no-one else ever loses their life in this way again.”
Jan Andresen, the Health and Safety Executive’s Principal Specialist Inspector Construction Portfolio holder for Structures and Demolition, said: “Freestanding walls present a particular risk of sudden collapse when subjected to lateral load as they are not restrained by other elements in the way that the walls in a building are secured.
“Their condition should be checked regularly to ensure that strength is not being compromised by any deterioration. If additional, or different loadings are applied, the implications for the stability of the wall should be assessed by a competent person and appropriate work undertaken to secure the wall.”
After the case, Reece’s parents, Haylie Isom and Kevin Gething, paid tribute to their son:
“Our son Reece was a big-hearted, cheeky boy, who was full of energy and full of life.
“Reecey was an outdoorsy boy – he loved playing pool and going carp fishing.
“He was loved by his siblings, and he adored them. He was very patient with younger children and would always play football with the little ones or push them on the swings. He was a normal, loving, annoying brother.
“Reece wasn’t an angel – he didn’t enjoy school and he rebelled against authority, as many kids his age do. He was in his final year at Heath End School when he died, and he was looking forward to the future, and planned to start work, labouring for a family friend.
“His younger siblings, Tia and Tyler miss their older brother hugely – his death has left a huge hole in all our hearts. His older brother Callum has used Reece’s name as one of the middle names for his baby son.
“As a family, we hope that the end of this court case will bring us some closure to be able to grieve for our son, and the life we thought he would live. He will live on in all our hearts, and in the memories, we have of him.”
“We also hope that this prosecution will highlight the dangers of freestanding walls and will mean that other families do not have to go through the pain that we have endured for the last three years.”
ENDS
Notes to Editors: To request an interview with Rushmoor Borough Council Deputy Leader Councillor Maurice Sheehan, please email communications@rushmoor.gov.uk
