Firm to pay £860,000 after boy's manhole death

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ryanImage source, Police Scotland
Image caption,

Shea Ryan, 10, fell down a manhole on a construction site in Drumchapel, Glasgow

A firm whose failure to implement safety measures which led to the death of a schoolboy has been fined £800,000.

Shea Ryan, 10, entered a construction site in Drumchapel, Glasgow, with other children through an insecure fence in July 2020.

He told his friends he wanted to climb down the manhole, but he slipped on a ladder.

On Wednesday contractor RJ McLeod admitted breaching health and safety laws.

Alongside the fine the company will also need to pay a victim surcharge of £60,000.

RJ McLeod said it "fully accepted" the court ruling.

Sheriff Matthew Jackson KC said the punishment, external wouldn't "replace the terrible loss of Shea's life."

He said the headline figure for a fine was £1.5m but added that this was reduced due to mitigating factors, including the timing of the company's plea.

Sheriff Jackson said: "Nothing this court can do can bring Shea back who was a wonderful, son and friend as well as a loss to his family, school and all of us.

"What this court can do is select an appropriate sentence.

"Everyone can learn from this dreadful mistake.

"This is a fine which will remind the company's shareholders and directors of the gravity of this offence."

Image caption,

Floral tributes were placed at the site

Prosecutor Saud Ul-Hassan previously told Glasgow Sheriff Court the building site was close to a playpark.

It was secured by a single fence which had been vandalised in the past and breached on six occasions.

The court was told that Shea discovered the manhole, and told his friends: "I want to go down."

The prosecutor said: "Shea began to climb down the ladder where he slipped and fell.

"From the position of the ladder, he fell to the water below."

The distance between the ladder and the bottom of the manhole was 6.3 metres (20ft).

Image caption,

The police investigation was supported by the Health and Safety Executive

The court heard that it was Shea's friends who raised the alarm, alerting his stepfather Graham Patterson, who entered the manhole.

Police were called and officers found Shea lying on his back with Mr Patterson and a neighbour beside him.

His cause of death was noted as "head injury and drowning."

'Avoidable accident'

Shea's mother Joanne Ferguson, who wore a t-shirt with her son's face on it in court, said she hoped lessons would be learned from the tragedy.

"My son is not here and that destroys me every day," she said in a statement.

"That totally avoidable accident has ruined my life and my kids' lives - I don't even feel human anymore at times because of the grief.

"I just hope this makes them consider site safety everywhere - not just for RJ McLeod but for companies everywhere because the safety of these places is so important."

She added: "Wee Shea is missed every second of every day and his family and friends will always love and miss him."

RJ McLeod said it "extended condolences" to Shea's family.

A spokesperson added: "We have carried out a comprehensive review of the event and have taken action to protect against the risk of a re-occurrence.

"We fully co-operated and engaged with the investigating authorities.

"Safety is always our top priority and site safety updates are implemented across the business on an ongoing basis."

A fatal accident inquiry into Shea's death will take place at a later date.

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