Hampshire County Council has been fined, following an accident which resulted in a life-changing head injury for a six-year-old girl.
Bournemouth Crown Court heard how, on 28 December 2015, the girl was visiting Lymington with her family. Upon climbing onto the cast iron hinged bollard on Quay Hill (a cobbled pedestrianised street), the bollard fell to the ground, taking the child with it. As a result, she suffered serious, life-changing head injuries that were initially life-threatening, and spent six months in hospital in a critical condition. Until her brain has fully matured, the extent of her brain injury will not be fully known.
An investigation undertaken by the Health and Safety Executive (HSE) found the bollard, which weighed approximately 69kg, was damaged and not properly or appropriately secured. This matter had been previously reported to Hampshire County Council prior to the incident, and monthly scheduled inspections had failed to identify this. The investigation also found insufficient information, instruction and training were provided to the council's highways department personnel, conducting when needed, and monthly inspections - on top of this, the inspection guidance was misleading.
Hampshire County Council of The Castle, Winchester, Hampshire was found guilty following a trial of breaching the Health and Safety at Work etc Act 1974, and has been fined £1.4 million, and ordered to pay full costs of £130,632.
Commenting after the case, HSE inspector Angela Sirianni has said, "Councils have a duty to adequately access and control risks to members of the public from street furniture."
Adding that "A child has been left with life-changing injuries as a result of what was an easily preventable incident. Council inspections failed to identify this risk over a long period of time, and then, when alerted to the damage to the bollard, failed to take the urgent action required to prevent injury."
