Council 'not guilty' over activity centre death child death

North Yorkshire County Council did not breach health and safety laws in an incident in which a boy died on a school caving trip, a court has found.

In the tragedy Joe Lister, aged 14, died when floodwater swept through Manchester Hole Cave in the Yorkshire Dales in November 2005. He was among 10 Tadcaster Grammar School pupils visiting the cave.

The BBC reports that North Yorkshire County Council, which owns and runs Bewerley Park outdoor centre, denied charges under the Health and Safety at Work Act (1974).

A jury at Leeds Crown Court took about nine hours to reach the not guilty verdicts.

Mr Justice Wilkie said it was "right and proper" that the jury concluded there was nothing the council could have done to have avoided the death.

The judge said: “I trust, however, that this will not be regarded as a reason for any complacency or self-congratulation by those involved in organising and delivering these activities. For the one thing this case has taught is that, however great the expertise, and however easy the cave, they can be unpredictable and dangerous.”

The Lister family said they were disappointed with the verdict, and hoped the case would mean “measures being taken to ensure that other young people are not exposed to the terrible and traumatic experiences described to the jury by those who were underground on that fateful day”.

A North Yorkshire statement extended the councils its “profound sympathy” to Joe's parents. It said it was “pleased the verdict confirms that the procedures and practices following in our outdoor education centres reflect all current legislation and guidance”.

The 10 pupils entered the cave under the supervisions of three adults but were caught by an unusually rapid rise in water levels.