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News

Borough of Poole Victorious in B and Q Appeal

The DIY chain had lodged an appeal last year following their health and safety convictions in 2004 at Bournemouth Crown Court after the death of a customer Pamela Hinchliffe in their Fleetsbridge store.

Mrs Hinchliffe, aged 68 and from Hamworthy, was crushed by a fork lift truck in the store in June 2001. Following protracted legal proceedings brought by the Borough of Poole, B&Q were found guilty in 2004 on five counts. These were for failing to ensure safe systems of work were in place for fork lift trucks operating within the store. The DIY chain was fined £550,000 – a record sum for a prosecution of its type – and ordered to pay prosecution costs of £250,000.

However B&Q appealed on various grounds relating to conviction, fines and costs and the hearing was held at the Court of Appeal in London in May and June this year. The Judgement of the court in the case was handed down today. In it, the original conviction and fines were robustly upheld and the costs reduced slightly to £177,000.

In relation to the fine, the Judgement reads: “Taking into account the overall criminality of the conduct of the appellants, we do not consider that the fine imposed can be considered wrong in principle or manifestly excessive. Indeed it might be said to be at the very bottom of the scale of what might be considered appropriate.”

Shaun Robson, Head of Environmental and Consumer Protection, Borough of Poole, said: “We are delighted that the Court of Appeal has upheld the original conviction and fines imposed on B&Q last year. It has always been our view that the events leading to this tragic accident were entirely avoidable and it is a great shame B&Q have added to the family’s ordeal by going down the appeal route. The Borough of Poole takes its enforcement responsibilities for health and safety very seriously and this case shows that we were right to do so.”

Mrs Hinchliffe’s husband Michael, said: “B&Q were found guilty by a jury and this was then upheld by the Court of Appeal. The fine of £550,000 was not considered excessive and I am pleased the judges felt it was at the bottom of the scale of what it could have been as this stresses the seriousness of the case.

“All the family now hope for is an apology from B&Q as this is what we have always wanted but has never been forthcoming. We also hope to be able to draw a line under what has been a very difficult ordeal.”

Rachael Mills, Media Relations Manager, Communications, Borough of Poole tel 01202 633295