No-one expected Dales cave to flood so quickly, school tragedy jury told

Joe Lister died when water swept through Manchester Hole Cave in the Yorkshire Dales in November 2005.

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.

North Yorkshire County 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.

Leeds Crown Court was told the local authority put in place "proper management systems", but "we can't have a risk free society."

Mr Robert Smith, QC, for the council, said thousands of pupils had successfully used the facilities over the years, which provided "enormous benefits."

He told the jury: "The issue in this case is not whether flooding in the cave was reasonably foreseeable, of course it was, but if the sudden and rapid rise in water levels was reasonably foreseeable. It is the county council's case that it was not."

Mr Smith said it was widely understood that the cave "backed up slowly" and not rapidly as occurred that afternoon.

"The defence case is what happened that afternoon was not reasonably foreseeable," he added.

The barrister said staff at county hall were not expert cavers, rock climbers, sailors or canoeists, but "North Yorkshire County Council discharged its duty by putting in place proper management systems" for children using the outdoor centre.

He said the council employed "highly qualified people dedicated to teaching young people outdoor activities and to ensure their safety as best they could."

"The conditions that occurred underground on the afternoon on November 14 were unprecedented," he said.

He said the rapid rise in underground water levels that afternoon "could not have been foreseen by anyone"

"No-one has been able to point to such a rapid rise and fall ever since," Mr Smith said.

He added: "You can't guard against a risk that could not have been reasonably foreseen."

The court has heard how pupils went to the cave with three adults, including a 17-year-old volunteer instructor, a mathematics teacher and an instructor from the centre.

They were told they could not go into another cave because water levels were too high and were instead taken into the adjoining Manchester Hole.

The group was taken through a tunnel 12 metres long and less than one metre in height at its lowest point, which they had to stoop or crawl on hands and knees to get through.

After some time in the cave the water began rising rapidly forcing the terrified youngsters to swim to safety.

Joe was later found by a rescuer with his head torch still on but minus his Wellington boots. He had drowned.

The council denies the charges and the trial continues.