Former nursery owner to be prosecuted

Summonses have been served on the former owner of a Gloucester nursery in which 16-month-old baby, Molly Cunliffe, died.

Rosemarie Meadows, who owned Tiddlywinks Nursery at the time of the incident in October 2005, is being charged by Gloucester City Council with two Health and Safety Offences.

The charges are:

• Section3(1) and section 33 (1)(a) of the Health and Safety at work etc, Act 1974 - failing to ensure that persons not in her employment, in particular babies and toddlers, were not exposed to risks to their health and safety.
• Regulation 3(1) Management of Health and Safety at Work Regulations 1999 and section 33(1)(c) of the Health and Safety at Work etc Act 1974 - failing to make a suitable and sufficient assessment of the risks to the health and safety of babies and toddlers.

Marc Schroder, chief executive of Staffordshire-based mhl support, which works with a number of UK nurseries to create bespoke health and safety and employment law packages, said that health and safety was one area where no business, least of all a nursery with a duty of care, could afford to cut costs.

"Unfortunately, tragic cases like this, where Molly has died as a result of Rosemarie Meadows’ organisation overlooking a fundamental health and safety risk, are not as rare as one would hope.

"Molly’s death could, and should, have been prevented, which makes the tragedy worse still. Risk assessments and constant health and safety inspections are of paramount importance, and should be an ongoing procedure in every workplace. There is absolutely no excuse or reason for inadequacy in the health and safety arena. There are strict laws in place, and there are no grey areas.

"If a nursery is not equipped to assess, monitor and implement its own health and safety and employment law practises, the managers have a duty to outsource those responsibilities. If Ms Meadows had acted responsibly in her duty, Molly would still be alive" he said.

Mr Schroder said: "Health and safety and employment law is an area where no business can afford to make financial concessions – bespoke packages such as the ones mhl support implement will provide exactly the right level of protection for managers, staff and customers alike, and there is no excuse for not having a detailed plan in place at all times."