Hotel fined for safety failings after child's injury

Introduction

The Court of Appeal (Criminal Division) has upheld a significant fine imposed on LFH Moonfleet Manor Limited for health and safety failings that resulted in serious injury to a child. The case, heard on 11 March 2025, revolved around the company's failure to ensure the safety of guests at the Moonfleet Manor Hotel during construction works.

Background

The appellant, LFH Moonfleet Manor Limited, was convicted at the Crown Court in Bournemouth on 13 July 2023. The conviction was for failing to conduct its undertaking in a manner that ensured, as far as was reasonably practicable, the safety of guests and visitors, contrary to the Health and Safety at Work etc. Act 1974. The case involved a series of incidents during construction work at the hotel, culminating in a serious injury to a young child.

The Incidents

The issues began when the hotel engaged Quadra Built Environment Consultancy Limited as the principal designer and Rocare Building Services Limited as the principal contractor for roof replacement works. Despite site meetings and safety discussions, several incidents occurred, including a scaffold clip falling and a crane operation that required immediate guest redirection. The most serious incident occurred on 13 June 2019, when a stone slate fell from the roof, striking a three-year-old child and causing a depressed skull fracture.

Sentencing

In October 2023, the Crown Court sentenced Rocare to a £160,000 fine, Quadra to a £60,000 fine, and the appellant to a £200,000 fine, along with a costs order. The appellant appealed against the sentence, arguing that the fine was disproportionate given their turnover and the circumstances.

Appeal Grounds

The appellant's primary arguments on appeal were that the sentencing judge had based the categorisation of the offence on an erroneous factual basis and that the fine was disproportionate to the company's financial means. They contended that the judge wrongly considered evidence related to an acquitted charge and failed to adjust the fine appropriately for their turnover.

Court of Appeal Decision

The Court of Appeal, led by Lord Justice Jeremy Baker, Mrs Justice McGowan, and Her Honour Judge Tracey Lloyd-Clarke, dismissed the appeal. The court found that the trial judge had correctly assessed the evidence and that the fine was proportionate, considering the seriousness of the risk and the company's failure to act on safety warnings.

Legal Implications

This case underscores the importance of rigorous health and safety practices, particularly in environments where construction work poses risks to the public. The decision reinforces the need for companies to heed safety warnings and take proactive measures to protect guests and visitors.

Conclusion

The dismissal of the appeal highlights the judiciary's commitment to upholding stringent health and safety standards. The case serves as a cautionary tale for businesses to prioritise safety and ensure compliance with legal obligations.

Learn More

For more information on construction disputes, see BeCivil's guide to Resolving Construction Disputes.