Conley Thompson: Firm admits breaches over boy's pipe death

There was no suggestion of foul play in Conley Thompson's death, the court heard

A firm in charge of a building site where a young boy fell into a pipe and died did not do enough to prevent children getting in, a court has heard.

Conley Thompson, seven, was found inside the plastic tube after he went missing in July 2015.

A hearing was told the site, in Barnsley, had "substandard" fencing which failed to keep youngsters out.

Howard Civil Engineering, which admitted two health and safety breaches, will be sentenced in May.

Conley told his mother he was playing out with friends when she last saw him alive, Barnsley Magistrate's Court.

He was later reported missing, sparking a search which ended when his body was found on the site in Church View, Worsbrough.

Andrew McGee, prosecuting on behalf of the Health and Safety Executive, told the court the development was "slap bang in the middle of a residential area".

Fencing surrounding the development was "significantly substandard", Mr McGee said.

"Either (the fencing) wasn't a suitable height or it was non-existent, or, where it did exist, it was poorly maintained," he said.

The youngster was found at the building site the day after he went out playing with friends

He told the court that industry guidance noted "many children see construction sites as adventure playgrounds" and they should be protected against the dangers "even though they may be entering as trespassers".

Mr McGee said there was evidence adults and children were "frequently and easily gaining access to the site" and that one worker was aware of people "climbing over the fence and getting in".

A child previously said Conley had been seen on the cages containing the black pipes and was "running across the top" of them", Mr McGee said.

The court was told the boy "clearly had a history of going on to the site" and it was "a location he found tempting to enter", as did other children in the area.

Although the precise timeline of Conley's death was not known, a pathologist found he must have gone into the pipe, which was designed to house fence posts, feet-first.

At the time of his death, Conley's grandmother Deborah Fraser said his "smile could light up a room"

Mr McGee said it was "possible he slipped in with both feet while standing on the edge, or he might have lowered himself in - nobody knows."

In mitigation, James Maxwell-Scott said managers at the firm were not aware children had been on the site before the boy's death.

He said: "Conley Thompson's death was a tragedy for his family and friends.

"The defendant hopes the conclusion of this prosecution will help in some small way to bring an element of closure."

Managing director Michael Howard pleaded guilty on behalf of the Leeds company to failing "to ensure necessary steps were taken to prevent access to the site by unauthorised persons".

The judge adjourned the case for sentencing at Sheffield Crown Court on 5 May.