The Royal Hospital School, owned and operated by Greenwich Hospital, part of the Ministry of Defence (MOD), was prosecuted by the Health and Safety Executive after a 15-year-old school girl fell fracturing her spine. She still requires medical treatment.

The pupil was one of a class of twelve having a PE lesson which involved climbing a wall. She fell six metres onto the wooden floor of the gymnasium sustaining her serious injuries.

The School admitted that their risk assessments and procedures were not suitable and the staff, who supervised the climbing wall, had not undergone refresher training.

Greenwich Hospital, as a Crown body, cannot be prosecuted in a criminal court but remains subject to the duties set out in the Health and Safety at Work Act and Regulations. Instead of HSE criminal proceedings there is an alternative procedure known as Crown Censure, which is used when the employers are the Crown.

Legal executive Veronica Male of Access Legal from Shoosmiths said: "It's important that schools ensure that they fully assess the risks involved in PE lessons and plan them accordingly, making sure that the appropriate safety equipment is set out, and full and detailed instructions are given to the pupils. 

"The lesson should be adequately supervised by experienced instructors to ensure pupils' safety."

Veronica added: "It must be very difficult to be faced with a serious spinal injury at the age of 15, especially one which could require specialist treatment for the rest of this young girl's life. 

"If you've suffered a spinal injury, helpful advice and support can be found at the Spinal Injuries Association whose details are http://www.spinal.co.uk."

For more advice on Spinal Injuries please visit our Spinal Cord Injury Claims page.

Veronica is a Legal Executive in the Personal Injury team with more than 12 years personal injury experience.

Tell us what you think

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.