James Porter, head of Hillgrove School, Bangor, Gwynedd, was prosecutedby the Health and Safety Executive after the death of Kian Williams, whojumped and fell from steps while playing unsupervised, landinghead-first (News, 4 October 2007). Kian suffered secondary swelling ofthe brain and died five weeks later from an MRSA infection.
Mr Porter, who had run the school for more than 30 years, was foundguilty of failing to protect children from the steps and fined 20,000. His conviction fuelled debate about a growing 'cotton woolculture' in the UK, with critics arguing that children are beingoverprotected and prevented from experiencing any risk.
Last week the Court of Appeal overturned Mr Porter's conviction, in ajudgement hailed as a 'common sense decision' by his solicitors, whosaid he should never have been charged.
Steffan Groch, who acted for Mr Porter, said 'While the Porters'sympathies are very much with Kian's family, they feel the judgement hasvindicated their own position and also struck a blow for the teachingprofession, which would have faced an almost impossible burden had theconviction remained.'
But Michael Petteval, head of Randolph Beresford Early Years Centre inLondon, cautioned, 'It is important not to have knee-jerk reactions, butthere does need to be a proper assessment to establish what the level ofrisk is. There needs to be an understanding that risk and safety are notthe same thing. All areas for children need to be safe, but childrenneed to be able to experience risk in order not to limit theirpotential.'
