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31 May 2023
Issue: 8027 / Categories: Legal News , Health & safety , Employment , Personal injury
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Serco failed to protect court officers

Security firm Serco has been fined £2.25m and ordered to pay £433,596 in costs at the Old Bailey for health and safety failings following the death of custody officer Lorraine Barwell.

The deceased, who had worked for Serco for ten years, died from brain injuries after being kicked in the head at Blackfriars Crown Court in 2015 during the restraint of a prisoner in custody.

The Health and Safety Executive (HSE) found that Serco had failed to properly analyse risk intelligence on prisoners and communicate risks and safety precautions to staff. There was a failure to have sufficient procedures in place and follow them, to provide readily accessible protective equipment, and to ensure further training was provided where identified as required.

The HSE also highlighted a continued failure to adequately staff court activities, manage working hours, assess risks of violence and aggression, communicate critical safety information, have suitable procedures in place, and to work in accordance with those procedures covering a period of over three years. Time pressures, staffing levels and business priorities had led to routine violations of procedures by staff in order to get the job done, which had gone unchallenged. This is despite such failings being brought to their attentions by HM Prisons Inspectorate, the Ministry of Justice, HSE Inspectors and Serco’s own staff.

A separate incident occurred at Woolwich Court annex in 2016, during which a member of staff was rammed against a wall and strangled. Help was delayed as there were no staff manning the annex to respond to the alarm button—there should have been 32 Serco officers at court that day, but there were only 22. 

HSE inspector Helen Donnelly said: ‘Serco drastically failed in their duties to protect both Lorraine Barwell and other staff over a sustained period. Had Serco carried out their legal duties, these incidents could have been prevented.’

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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