The full judgement of the Sheriff hearing the Fatal Accident Enquiry is available here: http://www.scotcourts.gov.uk/opinions/2011FAI17.html
It is interesting to note that the witness representing the Health and Safety Executive , Mr James Madden, suggested the use of “blanking plugs” (socket covers). This is typical ill-informed advice from HSE who have adopted the policy that: “if the socket cover is correctly used then it will not introduce danger. It should be remembered that a socket outlet designed to BS1361 (sic) has been designed so as to be safe - hence the shutters - when correctly used and maintained. Similarly, if a socket cover is correctly used and maintained it will not introduce danger. Incorrect use and/or a lack of maintenance to ensure the continuing integrity of the socket outlet and/or the socket cover are liable to lead to dangerous conditions existing.” (quoted from a message received from HSE). The major problem with this is that HSE have chosen to ignore the simple fact that there are no socket covers on the market which have the correct dimensions to allow them to be safely plugged into a BS 1363 socket, so clearly the concept of correct use is a purely theoretical one! All use of an incorrectly sized socket cover (ie, any socket cover currently available) must, by definition, be incorrect.
Fortunately the Sheriff was wise enough to realise that the HSE advice was not infallible:
“[45] With regard to the third reasonable precaution proposed by the Crown, I am not satisfied that the evidence led is sufficient for me to conclude that I can or should include that in any form in my determination. As a subject of discussion the matter of child-safe blanking plugs did not arise until late in the evidence of Mr Madden when he volunteered it in discussing what might be deemed reasonable precautions. It was not explored with other witnesses, particularly Ms Hughes and Mr Rough. Mr Madden said that it was a precaution to use such blanking plates in houses where there were children of the sort of age that Liam was but stressed that the provision of these plates was not a duty on landlords and it was not for the Health and Safety executive to promote their use. With characteristic precision in vocabulary he described his proposal as an advisory precaution. He did not describe it as a reasonable precaution. Doubtless that is why the depute in her submission described it as a wise precaution again avoiding the adjective reasonable. I am not persuaded that I should or could elevate the proposal to a precaution that was reasonable in the present circumstances because there simply is not the evidence to give me the facts from which I could derive that conclusion.”
It is interesting to note that the witness representing the Health and Safety Executive , Mr James Madden, suggested the use of “blanking plugs” (socket covers). This is typical ill-informed advice from HSE who have adopted the policy that: “if the socket cover is correctly used then it will not introduce danger. It should be remembered that a socket outlet designed to BS1361 (sic) has been designed so as to be safe - hence the shutters - when correctly used and maintained. Similarly, if a socket cover is correctly used and maintained it will not introduce danger. Incorrect use and/or a lack of maintenance to ensure the continuing integrity of the socket outlet and/or the socket cover are liable to lead to dangerous conditions existing.” (quoted from a message received from HSE). The major problem with this is that HSE have chosen to ignore the simple fact that there are no socket covers on the market which have the correct dimensions to allow them to be safely plugged into a BS 1363 socket, so clearly the concept of correct use is a purely theoretical one! All use of an incorrectly sized socket cover (ie, any socket cover currently available) must, by definition, be incorrect.
Fortunately the Sheriff was wise enough to realise that the HSE advice was not infallible:
“[45] With regard to the third reasonable precaution proposed by the Crown, I am not satisfied that the evidence led is sufficient for me to conclude that I can or should include that in any form in my determination. As a subject of discussion the matter of child-safe blanking plugs did not arise until late in the evidence of Mr Madden when he volunteered it in discussing what might be deemed reasonable precautions. It was not explored with other witnesses, particularly Ms Hughes and Mr Rough. Mr Madden said that it was a precaution to use such blanking plates in houses where there were children of the sort of age that Liam was but stressed that the provision of these plates was not a duty on landlords and it was not for the Health and Safety executive to promote their use. With characteristic precision in vocabulary he described his proposal as an advisory precaution. He did not describe it as a reasonable precaution. Doubtless that is why the depute in her submission described it as a wise precaution again avoiding the adjective reasonable. I am not persuaded that I should or could elevate the proposal to a precaution that was reasonable in the present circumstances because there simply is not the evidence to give me the facts from which I could derive that conclusion.”