Council 'failed boy, 14, who drowned on school trip to Dales cave'

Joe Lister died when water swept through Manchester Hole Cave in November 2005, Leeds Crown Court was told.

The 14-year-old schoolboy from Tadcaster, North Yorkshire, was trying to make his way along a passage known as the Crawl with 10 other pupils and three adults when he got into difficulty in rapidly rising flood water.

Prosecuting Tim Horlock QC said there was "overwhelming evidence" North Yorkshire County Council had exposed the children and its own employees to risks to their health and safety.

As the youngsters set off in a minibus to travel to the cave, no-one travelled the "relatively short distance" to Scar House Reservoir to check on the conditions, the jury was told.

Mr Horlock said: "No attempt was made by anyone to check on the water levels or the weather conditions at the dam."

The court was told the scene at the dam was so "spectacular" that one witness decided to record the scene on his mobile phone as the "waves of water" came over the dam wall.

The council, which owns and operates the outdoor education centre, Bewerley Park Centre, faces two charges under the Health and Safety at Work Act (1974).

It is accused of failing to ensure the health and safety of its own employees and another charge of failing to ensure the health and safety of non-council employees.

Joe, a pupil at Tadcaster Grammar School, became separated from his friends in the cave and drowned, the jury was told.

Mr Horlock described to the jury the dramatic scenes as the "hysterical" youngsters tried to make their way out of the flooded passageway.

The jury was told it was "dark, freezing and muddy" and panic and confusion took hold as the youngsters tried to escape.

Joe's mother and father, and other members of the family, listened in the public gallery as the prosecutor accused the council of "complacency and lack of rigour" in identifying the risks at Manchester Hole.

He told the jury that flooding of the Crawl, which is 12 metres long and less than one metre in height at its lowest point, was not an unusual event.

The jury was told that as Joe tried to make his way back along the Crawl he turned back "saying he couldn't do it".

He was later found by a rescuer with his head torch still on but minus his wellingtons.

Mr Horlock said there were "numerous steps" which could have been taken by North Yorkshire County Council.

He said two experienced cavers and a scout leader would tell the jury they would always check the conditions of the dam and the reservoir before entering the cave.

"In this case we say the risk assessment for Manchester Hole was inadequate," he said.

"If a check had been made it would have been significant and it was a simple matter.

"It is not difficult to drive the short distance up the road to the dam and reservoir.

"Conditions could have been seen without getting out of the minibus," he told the jury

Mr Horlock said there were a number of factors which the jury should consider when looking at the risks involved, including the inexperienced make-up of the caving group.

He told the jury: "It was a group of 11 children, aged about 14, in Year 10 with a volunteer instructor who was aged 17 and a maths teacher who had never been down Manchester Hole. And the children themselves are complete novices.

"The prosecution submit the evidence of confusion and the panic at the Crawl demonstrate that risk to health and safety."

The trial, which is scheduled to last six weeks, was adjourned until tomorrow when the jury will be taken on a visit to the scene.