Little Champs Nursery, Shree Sanatan Centre, Belper Street, Leicester, LE4 6ED is registered to provide childcare from birth up to the age of 12. It provides pre-school, breakfast and after school services and services during the school holidays and is open Monday to Friday from 8am – 6pm.
Little Champs Nursery Limited is owned by Neeru Dutt. Mrs Dutt and her husband are the company directors however Mr Dutt does not play an active role in the business.
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Neeru Dutt is the Manager of the Nursery and Katie Cooper was the Senior Nursery Manager who oversaw the day to day running of the Nursery but who has now left the Company.
The case concerns an incident which occurred on 13th March 2015 at Little Champs Nursery Limited at Shree Sanatan Centre, Belper Street, Leicester, LE4 6ED. During the incident Master Abdul Malik Jibril, a 2 year infant who attended the nursery, suffered an injury to his left ring finger when it became trapped in the hinged side of a door.
Abdul Malik Jibril was taken to Leicester Royal Infirmary by his mother and the doctors confirmed that he had suffered a laceration to the eponycial fold of skin and an avulsed nail bed requiring plastic surgery.
This was a notifiable incident that required reporting under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013. The incident was not reported to Leicester City Council until the 29th April 2015 and as such was not within the specified time, namely ten days.
Investigations Findings:
- Finger guards to the doors had been installed. These were installed on 21st March 2015 some 8 days after the incident.
- Risk assessment regarding ‘Trapping fingers in doors” dated 16th March 2015 failed to consider finger guards as a control measure. It only had a handwritten annotation that they had been purchased following the accident.
- Risk assessments were found to be not suitable and sufficient. A senior manager who was employed at the Nursery stated that she did not receive any formal health and safety training and that the Company did not have adequate health and safety policies or risk assessments in place as the risk assessments were not checked every month, the date was just amended.
The senior manager stated that a risk assessment had not been completed on the doors prior to the accident despite the fact she had raised the issue of finger guards to the owner. The owner stated that they were not needed.
Failings Identified:
- The Company failed to ensure that members of the public were not exposed to risks to their health and safety. They are responsible for looking after the health and safety of vulnerable young children and they failed to provide suitable control measures i.e. finger guards to the doors to prevent the risk of trapping fingers.
- The Company failed to report a notifiable accident to a member of the public namely a two year old child within the specified time i.e. 10 days.
Alleged Offence(s)
- Section 3(1) and 33(1) of the Health and Safety at Work etc. Act 1974 – Failure to conduct their undertaking in such a way as to ensure, so far as was reasonably practicable, that persons not in their employment were not exposed to risks to their health and safety.
- Regulation 5 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 and Section 33(1) (c) of the Health and Safety at Work etc. Act 1974 – That on or between the 13th March 2015 and 23rd March 2015 being the company responsible in respect of Little Champs Nursery, Shree Sanatan Centre, Belper Street, Leicester, LE4 6ED where an injury occurred to a person who was taken to hospital for treatment in respect of that injury did fail as soon as practicable and in any event within ten days of the said injury to send a report thereof to the relevant enforcing authority on a form approved for the purposes of the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 1995.
Sentence
Guilty pleas entered by the Company for the 2 offences.
Sec 3 Offence above- £6000 fine
Reg 5 Offence above- £200 fine
Contribution to costs: £5000
Victim Surcharge: £170
Comment
Govind Mandora, Team Manager said this case highlights the need for businesses to carry out proper risk assessments and implement adequate controls. If this was carried out by the Nursery then such a serious accident to a child would not have taken place. This is a salutary lesson for this business that all dutyholders need to take heed of.
