The Case investigation
Rhiya went out to play in the garden with the other children at 10.30am. At 10.55am, the staff called the children to go inside but Rhiya did not respond. She was discovered hanging with her feet a few inches off the ground, with her head trapped in the gable ends of the playhouse. A scooter was found in the playhouse that Rhiya was in. A reconstruction was carried out by the forensic team, which concluded that Rhiya most likely stood on the scooter to give her the height to look out of the gable ends. This scooter possibly came away from under her feet, leaving her neck and head trapped in the wooden structure. Rhiya died from a heart attack brought on by compression of the neck (corot artery).
Eton Manor, who is part of a chain of nurseries owned by Casterbridge Nurseries Ltd, released a statement to the press days after the incident stating "this appeared to have been a freak accident".
We take great exception to that statement, as much of the evidence shows it to be anything but a "freak accident". We would suggest very much a preventable incident.
Following a Judicial review renewal hearing we can confirm the facts below.
Lord Justice Toulson commented that he could fully recognise our shock that Rhiya disappeared from sight for 25 minutes without any of those supposed to be supervising noticing she was missing.
He made specific reference in his Judgment to the fact that two of the staff, Kayley Murphy and Jade Parker were using their mobile phones during this period, when they were supposed to be supervising. The evidence presented to the Judge indicated that Kayley Murphy had made or received no less than 4 telephone calls on her mobile, one of which lasted in excess of 4 minutes. He noted that when these two members of staff used their phones, they were aware that there were in fact insufficient numbers of supervisors with the children.
Kiren Padhair and Rebecca Bremner, did not initially accompany the children when they went outside on their break, therefore failing to comply with Government staff/children ratios.
Judge Toulson added "It reflects badly on the organisation that accepted the care of their child".
We can also confirm that:
The playhouse that Rhiya was discovered in had been modified by the caretaker and not formally risk assessed. This modification involved nailing down the roof and adding additional sections of wood. It is believed that this modification could have contributed to Rhiya's death.
The staff member that performed CPR on Rhiya was not trained in first aid.
Eton Manor have been issued with three Improvement Notices1 under the Health and Safety at Work Act for the following reasons:
- there was no documentary evidence that local risk assessments had been undertaken;
- there was no company policy on purchasing and procurement;
- the staff having responsibilities for health and safety had not been provided with adequate health and safety training to be capable of fulfilling their roles within the undertaking.
1Improvement Notices are served on bodies where an HSE inspector has found that they have contravened their duty under the Health and Safety at Work Act.
Eton Manor nursery reopened four days after the death of our child, below are some of the statements they posted on their official website within a week of Rhiya passing away. These statements were stopped upon the request of a parent who felt that they were insensitive and inappropriate under the circumstances.