Council accused of failing to assess danger in flood-risk cave where boy, 14, drowned

Joe Lister died when he and 10 fellow pupils from Tadcaster Grammar School found the passageway known as "the Crawl" in the Manchester Hole cave was flooded by the time they were to return along it.

The 14-year-old turned back and became separated as panic spread among the youngsters faced with swimming under the cold, dark water.

A count was made on the other side by the three adults with them and when he was found not to have make it through, the alarm was raised. His body was later recovered.

Tim Horlock QC, prosecuting, told Leeds Crown Court there

was "overwhelming evidence" that North Yorkshire County Council had exposed the children and its own employees to risks to their health and safety and did not take reasonably practical steps to ensure against such risk.

Manchester Hole is part of a series of caves in Nidderdale formed by water flowing through faults or cracks and dissolving away limestone which could be affected by variable changes such as new "sinks" being formed, cleared or blocked.

Flooding of the Crawl was not unusual, he said.

Upstream of the River Nidd is the Scar House Reservoir and Dam which has a spillway comprising four central arches and six outer arches acting as an overflow for the dam.

In certain wind conditions water could also be driven over the spillway and down the river to Manchester Hole but the council's risk assessment at that time for that cave made no reference to checking the weather conditions or water levels at the dam.

As a result no check was made before the school party drove by minibus to the cave on November 14, 2005 although on that same day a fencing contractor who noticed the strong winds had thought the scene so spectacular he filmed it on his mobile phone as the waves of water went over the dam.

"If a check had been made it would have been significant and it was a simple matter. Conditions could have been seen without getting out of the minibus," he said.

North Yorkshire County Council denies failing to ensure the health and safety of its own employees involved in the caving activities and a second charge of failing to ensure the health and safety of non employees including the pupils.

Mr Horlock told the jury the trip to Manchester Hole was the first activity scheduled for Joe and his year 10 classmates during a week-long trip to the North Yorkshire council owned Bewerley Park Outdoor Education Centre near Pateley Bridge.

With them was a maths teacher who had not been to the cave before, a 17-year-old volunteer instructor and a qualified caving instructor.

The group entered the cave and went through the Crawl by crouching or crawling along the river bed leading to an area including a fossil wall but when it came time to return, water levels had risen significantly.

Mr Horlock told the jury the risk assessment for Manchester Hole was "inadequate and indicative of complacency".

The trial is expected to last six weeks.