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Rhiya Malin death: Nursery firms and care worker fined | Rhiya Malin death: Nursery firms and care worker fined |
(3 days later) | |
Two limited companies and a care worker found responsible for health and safety failings connected with the death of a two-year-old girl have been fined. | Two limited companies and a care worker found responsible for health and safety failings connected with the death of a two-year-old girl have been fined. |
Rhiya Malin had a heart attack when her head got stuck in a playhouse at Eton Manor Nursery in Chigwell, Essex. | Rhiya Malin had a heart attack when her head got stuck in a playhouse at Eton Manor Nursery in Chigwell, Essex. |
Casterbridge Care and Education and Casterbridge Nurseries (Eton Manor) admitted the breach and were fined £75,000 each at Chelmsford Crown Court. | Casterbridge Care and Education and Casterbridge Nurseries (Eton Manor) admitted the breach and were fined £75,000 each at Chelmsford Crown Court. |
Kayley Murphy, of Loughton, convicted after a trial, was fined £2,400. | Kayley Murphy, of Loughton, convicted after a trial, was fined £2,400. |
Nursery manager Karen Jacobs, of Mill Lane, in High Ongar, was cleared by a crown court jury in February of an alleged safety failing. | |
Judge Karen Walden-Smith told the court Rhiya was dropped off at the nursery at about 08:30 GMT on 7 November 2007. | Judge Karen Walden-Smith told the court Rhiya was dropped off at the nursery at about 08:30 GMT on 7 November 2007. |
At about 11:00, she was found trapped by the neck between the wall and roof of a wooden playhouse. | At about 11:00, she was found trapped by the neck between the wall and roof of a wooden playhouse. |
It is believed she could have been standing on a tricycle in the playhouse and may have then slipped, the court was told. | It is believed she could have been standing on a tricycle in the playhouse and may have then slipped, the court was told. |
She died about an hour later in hospital. | She died about an hour later in hospital. |
In a statement her parents expressed their grief at losing a much wanted and loved child. | In a statement her parents expressed their grief at losing a much wanted and loved child. |
Risk assessments missed | Risk assessments missed |
Judge Walden-Smith said: "She was clearly developing into a bright, engaging and happy child." | Judge Walden-Smith said: "She was clearly developing into a bright, engaging and happy child." |
The playhouse, bought at a discount store for £100, had been modified to prevent the roof from blowing off but had not been subsequently risk assessed. | The playhouse, bought at a discount store for £100, had been modified to prevent the roof from blowing off but had not been subsequently risk assessed. |
Ms Murphy was in the garden with three other supervisors while children were out playing at Eton Manor Nursery. | Ms Murphy was in the garden with three other supervisors while children were out playing at Eton Manor Nursery. |
When they were called in Rhiya was missing and was found in the playhouse with her feet off the ground. | When they were called in Rhiya was missing and was found in the playhouse with her feet off the ground. |
While paramedics were called Ms Murphy tried to resuscitate her. | While paramedics were called Ms Murphy tried to resuscitate her. |
Both limited companies pleaded guilty at an early stage to breaches of health and safety laws. | Both limited companies pleaded guilty at an early stage to breaches of health and safety laws. |
Judge Walden-Smith said: "I do not find that the companies were placing profit above safety but health and safety was not being taken seriously enough. | Judge Walden-Smith said: "I do not find that the companies were placing profit above safety but health and safety was not being taken seriously enough. |
"Necessary support to staff was not given to enable health and safety to be given the prominence it required." | "Necessary support to staff was not given to enable health and safety to be given the prominence it required." |
'Never accept loss' | 'Never accept loss' |
The companies were fined £150,000 to be shared equally with £70,000 costs. | The companies were fined £150,000 to be shared equally with £70,000 costs. |
Ms Murphy was fined £2,400 to be paid off within 12 months. | Ms Murphy was fined £2,400 to be paid off within 12 months. |
Outside the court Jay and Shatl Malin said they were satisfied with the judge's decision but the fines were never going to reflect their loss. | Outside the court Jay and Shatl Malin said they were satisfied with the judge's decision but the fines were never going to reflect their loss. |
Mrs Malin said: "I hope firms now realise there are consequences when they fail. | Mrs Malin said: "I hope firms now realise there are consequences when they fail. |
"You cannot ever accept the loss of a child especially in the circumstances we lost Rhiya. | "You cannot ever accept the loss of a child especially in the circumstances we lost Rhiya. |
"We now have another little girl who is 20 months and she is bringing us a lot of happiness." | "We now have another little girl who is 20 months and she is bringing us a lot of happiness." |
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