The tragic death of 19-year-old Owen Garnett at Welcombe Hills School in Stratford-upon-Avon has cast a spotlight on the critical importance of health and safety protocols in schools, particularly those catering to students with special educational needs. Owen, who had been a student at the school since the age of 11, suffered from Pica. Pica is a disorder characterised by the compulsion to eat non-nutritive substances. In January 2023, Owen choked on a paper towel and, despite medical intervention, sadly passed away two days later.
Circumstances of the incident
Owen’s condition required constant supervision. However, on the day of the incident, he was left unsupervised during a break period. He wandered back into the school building unnoticed and was found choking on a substantial amount of a paper towel. Emergency services were able to remove the obstruction, but Owen had been deprived of oxygen for too long, leading to a fatal brain injury.
Just days before this fatal event, Owen had experienced a similar incident involving a paper towel. Whilst he managed to clear his airway on his own during that episode, it served as a critical warning that the school did not act on. The school’s failure to investigate this near-miss and implement preventive measures was a significant oversight.
Investigation and Legal Repercussions
The Health and Safety Executive (HSE) conducted an investigation that uncovered a series of management failures at Welcombe Hills School and the overseeing Unity Multi-Academy Trust (MAT). Key findings included:
- Lack of specific training
- Inadequate risk assessment implementation
- Failure to act on prior incidents
As a result of these failures, Unity MAT pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974. The trust was fined £300,000 and ordered to pay £10,750 in costs.
Implications for Independent Schools
Owen’s death serves as a reminder of the heightened duty of care required in educational institutions, particularly those serving vulnerable individuals. Independent schools should draw lessons from this incident:
- Comprehensive staff training: It is imperative that all staff members receive specialised training tailored to the specific health conditions and risks associated with their students. This ensures preparedness and the ability to implement appropriate interventions.
- Strict adherence to risk assessments: Developing individualised risk assessments is only effective if they are followed. Regular audits and updates to these assessments are essential to adapt to any changes in a student’s condition or behaviour.
- Proactive response to near-miss incidents: Schools must treat near-miss events with the same seriousness as actual incidents. Prompt investigations and the implementation of corrective actions are crucial to prevent future occurrences.
- Effective communication channels: Establishing solid communication protocols among staff, caregivers, and potentially external agencies ensures that concerns are promptly addressed and that there is a unified approach to a student’s well-being.
- Enhanced supervisory protocols: For students with conditions like Pica, continuous supervision is non-negotiable. Schools should evaluate and adjust staffing arrangements to meet these critical needs effectively.
How can Moore Barlow help
Moore Barlow lawyers provide bespoke legal advice for independent schools on issues concerning comprehensive training, adhering to individualised risk assessments, responding proactively to incidents, maintaining open communication, and ensuring vigilant supervision. We can advise on all aspects of safeguarding at independent schools.
