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Head fined after boy's fatal fall Head fined after boy's fatal fall
(10 minutes later)
A headteacher has been ordered to pay £20,000 for breaching health and safety laws after a three-year-old boy fell from steps and later died in hospital.A headteacher has been ordered to pay £20,000 for breaching health and safety laws after a three-year-old boy fell from steps and later died in hospital.
James Porter, 66, who owns Hillgrove, a private school in Bangor, Gwynedd had been found guilty at Mold Crown Court.James Porter, 66, who owns Hillgrove, a private school in Bangor, Gwynedd had been found guilty at Mold Crown Court.
It followed the death of Kian Williams from Bethesda, in August 2004, who the court heard had been playing "Batman".It followed the death of Kian Williams from Bethesda, in August 2004, who the court heard had been playing "Batman".
He later died from an MRSA infection, a complication of the head injury suffered when he jumped and fell.He later died from an MRSA infection, a complication of the head injury suffered when he jumped and fell.
A judge at Mold Crown Court fined him £12,500 and ordered him to pay £7,500 costs.A judge at Mold Crown Court fined him £12,500 and ordered him to pay £7,500 costs.
His barrister Patrick Harrington QC revealed that Porter was seeking leave to appeal against the conviction, because of the effect it would have on schools the length and breadth of the country. Porter has lodged an appeal against the conviction, which his defence team said would affect schools the length and breadth of the country.
Hillgrove School is a labour of love for him and his wife Sylvia James Porter's solicitorHillgrove School is a labour of love for him and his wife Sylvia James Porter's solicitor
During his trial, the jury heard how Kian had been allowed unsupervised access to the steps at the school, which exposed him and the 10 other three and four-year-olds in the kindergarten class to a risk to their health or safety.During his trial, the jury heard how Kian had been allowed unsupervised access to the steps at the school, which exposed him and the 10 other three and four-year-olds in the kindergarten class to a risk to their health or safety.
A health and safety expert told the court the boy's fall was like "falling from the arm of a domestic settee".A health and safety expert told the court the boy's fall was like "falling from the arm of a domestic settee".
The jury was told there had been only one teacher on duty supervising 59 pupils when the incident happened during the morning break.The jury was told there had been only one teacher on duty supervising 59 pupils when the incident happened during the morning break.
The prosecution said more staff should have been on duty, and there was no reason why a gate erected following the accident in July 2004 could not have been put up before.The prosecution said more staff should have been on duty, and there was no reason why a gate erected following the accident in July 2004 could not have been put up before.
Porter, who also owns the school, who had denied breaching health and safety laws but was convicted by a 11-to-one majority. Porter, who owns and is head teacher of the school, had denied breaching health and safety laws.
The Health and Safety Executive (HSE) investigated Kian's death and said they identified shortfalls in the levels of supervision for pre-school aged children at the school.The Health and Safety Executive (HSE) investigated Kian's death and said they identified shortfalls in the levels of supervision for pre-school aged children at the school.
After the case, principal inspector Steve Scott said: "Play is absolutely essential tochildren's development, and they should benefit from the opportunities thatexposure to well-managed risks present. After the case, principal inspector Steve Scott said play was "absolutely essential" to children's development, but there had to be a balance between risks and benefits, with very small children not "being left effectively unsupervised".
"A balance does need to be struck between the risks and benefits; and very smallchildren should not be left effectively unsupervised.
Kian Williams had been at Hillgrove School for two termsKian Williams had been at Hillgrove School for two terms
"This case is not about restricting play for children at school, nor shouldhead teachers be concerned that this case means they will face enforcementaction as a result of everyday incidents which often happen to children." He said: "This case is not about restricting play for children at school, nor should head teachers be concerned that this case means they will face enforcement action as a result of everyday incidents which often happen to children."
Solicitor Steffan Groch read a statement saying that Porter and his wife regretted all that had happened, but thanked the judge for noting that Hillgrove School has "an enviable safety record" and that his failure was an "isolated lapse". Defence solicitor Steffan Groch read a statement saying that Porter and his wife regretted all that had happened, but thanked the judge for noting that Hillgrove has "an enviable safety record" and that his failure was an "isolated lapse".
"Mr Porter maintains that there was an adequate level of supervision was maintained without trying to follow each child around the playground," said Mr Groch. "Mr Porter maintains that an adequate level of supervision was maintained without trying to follow each child around the playground," said Mr Groch.
He said the "inexcusable delay" by the HSE in bringing the prosecution had affected the Porters.He said the "inexcusable delay" by the HSE in bringing the prosecution had affected the Porters.
"Hillgrove School is a labour of love for him and his wife Sylvia," said Mr Groch."Hillgrove School is a labour of love for him and his wife Sylvia," said Mr Groch.
"The penalty is a harsh one for someone who has not built up any meaningful savings as a result of his chosen profession and dedication to the pupils.""The penalty is a harsh one for someone who has not built up any meaningful savings as a result of his chosen profession and dedication to the pupils."