header-logo header-logo

Serco failed to protect court officers

31 May 2023
Issue: 8027 / Categories: Legal News , Health & safety , Employment , Personal injury
printer mail-detail
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

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
back-to-top-scroll