Cash-strapped council to pay out £160k over attack on Luton school teacher left permanently disabled

Last week, it was reported (here) that assistant headteacher Gillian Stephens was left brain damaged after she was hit repeatedly over the head by a female pupil in Putteridge High School on June 17, 2016.

Since then, the school has converted to an academy as part of the Chiltern Learning Trust and is no longer maintained by the local authority.

Today at Luton Crown Court, Judge Barbara Mensah fined the council £104,000, with prosecution costs of £60,000.

The judge took into account the "devastating" financial losses of Covid-19 on the local authority and the defendant's guilty plea, as well as the inevitable impact the fine would pose on public services.

Judge Mensah said: "This was a properly brought prosecution... There is no doubt Luton Borough Council was correctly indicted. It was the employer and as such, it had a duty under the health and safety legislation.

"However, on a day-to-day basis, running the school was the responsibility of the head teacher and board of governors."

The judge said that the council's oversight of the school had been "light" but added it could not have complete control over the school's every day functions.

The original fine could have been as large as £300,000 but was reduced to £130,000 in recognition of the impact of Covid-19, and a further 20% was deducted for the guilty plea.

Pascal Bates, prosecuting on behalf of the Health and Safety Executive, said Mrs Stephens had been assessed as 98% and later 114% disabled by the Department for Work and Pensions.

He said: "Mrs Stephens and her family understand that today's hearing is not putting a value on her disability.

"She's plainly upset to have not merely suffered these injuries, but to have lost the final stages of her teaching career."

As a result of press coverage, Mr Bates added that an ex-pupil of Mrs Stephens from 20 years earlier had contacted the prosecution, asking if he could help her in any way.

Mark Balyzs, defending, described the "anomalous" position that councils found themselves in running schools.

Mr Balyzs said: "Parliament has placed the duty of managing schools on the corporate body. The principle responsibility for day-to-day running of schools is the head teacher and board of governors."

He added it was the first time the council had ever been prosecuted since the Health and Safety at Work Act was introduced in 1974.

A civil case is also proceeding against the council.