Cave flood 'could not have been foreseen'

After weeks of reliving the trauma of the fateful day in November 2005, the family of Joe Lister, 14, reacted with distress as the verdicts were given at Leeds Crown Court clearing North Yorkshire County Council of breaching health and safety regulations.

The teenager, from Tadcaster, North Yorkshire, died when water swept through Manchester Hole cave in the Yorkshire Dales while the pupils were underground. They were forced to swim through a narrow crawl space to escape the flooding but Joe did not make it out.

Paying tribute to his family's loyal attendance at court, the trial judge Mr Justice Wilkie said he understood their anguish "must still be sharp".

He told them: "In the end, the jury has concluded that there was nothing which the North Yorkshire County Council could reasonably have done to have avoided what happened.

"It is right and proper that they should have reached such a

conclusion. I trust, however, that this will not be regarded as a reason for any complacency or self-congratulation by those involved in organising and delivering these activities, for the one thing this case has taught is that, however great the expertise, and however 'easy' the cave, they can be unpredictable and dangerous.

"I trust that this trial will have provided a spur to them to maximise their understanding of the systems within which they work and to seek to ensure that the activities are delivered in as safe a way as possible."

The judge acknowledged that no one could fail to have been affected by the horrific events of that day at Manchester Hole.

But he stressed that such trips by schools were "invaluable", and added: "Equally there is no doubt that some of the activities are inherently risky."

He said the staff from the Bewerley Park outdoor centre near Pateley Bridge, from which the trip was run, and other such centres who gave evidence impressed "with the seriousness with which they pursue their calling" as did the way the council takes its health and safety responsibilities.

"Nonetheless it cannot be avoided that a young boy entrusted by his parents to the care of the centre died in a horrific incident which all that dedication and endeavour was unable to prevent."

The county council's corporate director of children's and young people's services, Cynthia Welbourn, expressed sympathy to Joe's family.

She said the council was "pleased the verdict confirms that the procedures and practices followed in our outdoor education centres reflect all current legislation and guidance".

She added: "What this case underlines once again is that for children to gain the undoubted benefits of these activities in the outdoors they must be undertaken with expertise and care. The county council will ensure that its centres continue to operate to the highest standards."

After the case Joe's father Martin Lister said the family believed a compelling case for a guilty verdict had been presented in court.

He said of experienced cavers who gave evidence only Bewerley Park staff said they would lead children past the area known as the Crawl in the weather conditions on that day.

The council had placed emphasis on the experience of its instructors but he suggested the knowledge of Manchester Hole by Tony Boyle who was in charge that day "was not nearly as good as it should have been".

Health and Safety Executive head of operations Pam Waldron said the decision was taken to prosecute the council following a thorough investigation.