Breach of Statutory Duty – Manual
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Court of Appeal: Moore-Bick,
Ryder LJJ, David Richards J
29 July 2014
An appeal against a recorder’s
finding that a school had not been in breach of the Manual Handling Operations
Regulations 1992 (MHO Regs) (SI
1992/2793) was dismissed.
The claimant was employed as a
learning support assistant at Rastrick High School from 1 September 2008. She was provided with 5 days of training
before working on her own from 6 September 2008. On 17 September 2008 she experienced pain in her
shoulder and back after pushing a student in a wheelchair. The pain continued and she left the school’s
employment at the end of October 2008.
The claimant brought a claim
against the governors of the school based on breach of statutory duty in
respect of the obligations on the school under the MHO Regs. The claim was dismissed at first instance.
The claimant appealed on the
basis of 16 grounds, including that the recorder had (1) misdirected herself as
to the burden of proof, (2) had erred in preferring the evidence of the
school’s experts and (3) had failed to make clear findings or instead made
perverse findings on whether the school had breached the regulations by (4)
failing to provide powered wheelchairs for the students, (5) having risk
assessments performed by an employee who was not employed as a health and
safety officer and (6) failing to reduce the risk of injury by informing the
claimant of the combined weights of the students and the wheelchairs that she
would be pushing.
In dismissing the appeal, it was
accepted that while the recorder did misdirect herself on the burden of proof
under the MHO regs, the recorder
had made firm findings of fact not influenced by the burden of proof and she
had actually applied the correct burden of proof when making those findings.