Warwickshire CC faces health and safety charge over deaths of fire officers

Warwickshire County Council is to face a charge of failing to ensure the health and safety at work of its employees following the deaths of four firefighters in a warehouse in Atherstone-on-Stour in 2007, the Crown Prosecution Service has announced.

The CPS also said that three Warwickshire Fire and Rescue Service managers would face charges of manslaughter by gross negligence over the incident at the premises of Wealmoor (Atherstone) Ltd on 2 November 2007.

The firefighters who lost their lives were Ian Reid, John Averis, Ashley Stephens and Darren Yates-Badley.

Michael Gregory, reviewing lawyer in the CPS Special Crime Division, said: “Following a thorough investigation by Warwickshire Police and the Health and Safety Executive, I have reviewed the evidence in this case very carefully and I have decided that there is sufficient evidence and it is in the public interest to charge Paul Simmons, Adrian Ashley and Timothy Woodward with gross negligence manslaughter.

“Mr Simmons and Mr Ashley were Watch Managers and Mr Woodward was a Station Manager at the time of the fire, but they all acted as incident commanders before, during and after their colleagues were sent into the burning building. In that role they were responsible for making the operational decisions while their colleagues tried to put out the fire.

Gregory added: “I have also decided that there is sufficient evidence for a realistic prospect of conviction against Warwickshire County Council for failing to protect the health and safety of its employees and that it is in the public interest to prosecute.

“I send my sincere condolences to the families of these four men who died in such terrible circumstances.”

Nine other individuals, who were investigated by Warwickshire Police, have been told that there was insufficient evidence to take any action against them.

The defendants will appear at Leamington Spa Magistrates’ Court on 1 April 2011.

The charge against Warwickshire County Council is under section 2 of the Health and Safety at Work Act 1974.

Responding to the CPS announcement, the Chief Fire Officer for Warwickshire CC’s Fire and Rescue Service, Graeme Smith said: "I am shocked and saddened to hear that three of our fire fighters have been charged with gross negligence manslaughter.

“The announcement will not only impact upon the Service here in Warwickshire, but it could potentially have significant ramifications on a national scale.

"Like everyone else, we have only just heard the announcement and we will have to wait for details of the allegations before we can properly consider the implications of what has been a complex three-year investigation. The investigation has placed obvious strains on individuals and their families and this announcement will place further pressures on our firefighters.

"Our thoughts are also with the families and friends of those who lost their loved ones.”

A Warwickshire CC spokeswoman said: "Naturally, we are very disappointed that the council has been charged. We are not in a position to say any more than that until we learn just what the allegations are."

In a statement, Warwickshire Police said it welcomed the CPS announcement. “This has been a long and complex investigation and the CPS has reviewed it with due diligence before making its decision,” it said. “The judicial process has now begun and we must await the outcome.”