Ground-breaking case has impact on school health and safety

The head teacher of a private school who was held responsible for the accidental death of a pupil at his school has this week had his conviction quashed. The initial ruling had decided that James Porter of The Hillgrove School in Bangor had failed to prevent access by the youngest pupils to a flight of steps. Three-year-old Kian Williams jumped off the step in a playground game, bumped his head and died of related pneumonia in hospital five days later.

But the appeal this week ruled that 'There was no evidence on which a jury, properly directed, could reasonably conclude that this child was exposed to risk by the conduct of the school.'

The court case has been closely followed by schools which believed that the initial ruling had placed an impossible burden of care on schools and teachers.

Mr Porter's solicitor said: 'While the Porters' sympathies are very much with Kian's family they feel the court's judgment has vindicated their own position and also struck a blow for the teaching profession who would have faced an almost impossible burden had the conviction remained.'

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