Headmaster blamed for death of pupil in playground fall wins appeal against conviction

A private school headmaster held responsible for the death of a three-year-old boy in a playground fall won an appeal against his conviction yesterday.

James Porter, 66, was said to have wrongly allowed small children access to a flight of steps from which Kian Williams jumped while pretending to be Batman.

Kian banged his head, causing bleeding on the brain, and died five weeks later.

Mr Porter, who had run the school with his wife Sylvia for more than 30 years, was ordered to pay £20,000 in fines and legal costs after being found guilty of health-and- safety breaches.

He was said to be 'delighted' after the verdict was overturned by three appeal judges in a ruling described as having 'critical importance' to controversial health-and-safety legislation.

The original ruling had fuelled rows over the 'cotton wool culture' which teachers say is hindering their jobs.

Mr Porter's solicitor Steffan Groch said the successful appeal would have a far-reaching and positive impact on schools across the country.

'While the Porters' sympathies are very much with Kian's family they feel the court's judgment has vindicated their own position and also struck a blow for the teaching profession who would have faced an almost impossible burden had the conviction remained.

'The Porters would like to thank the many well-wishers who have supported them during this ordeal and are now looking forward to getting back to their day-to-day work in running the school.'

Mr Groch said he believed the ruling would be of critical importance in defining the health-and- safety standards that teachers and employers in general will have to satisfy. He added: 'You can't wrap children in cotton wool. You have to allow them to experience risk.'

Kian, described by teachers as 'lively and energetic', lost his footing as he jumped down four steps at £3,000-a-year Hillgrove School in

Bangor, North Wales. Although he broke no bones during the accident in July 2004, he suffered swelling to the brain and died in hospital a few weeks later from pneumonia.

Tragedy: Kian Williams died after jumping off a step in the playground, his mother Jackie Williams (right) holds the school responsible

An inquest in February 2005 recorded an accident verdict. During the six-day prosecution brought by the Health and Safety Executive, Mold Crown Court heard there was only one teacher supervising 59 pupils in the playground.

Gates have since been erected at the steps where Kian fell.

Yesterday Lord Justice Moses said: 'There was no evidence on which a jury, properly directed, could reasonably conclude that this child was exposed to risk by the conduct of the school.'

The judge expressed the court's sympathy for Kian's parents Dafydd and Jackie, who have previously denied being vindictive in pursuing a case against the Porters.

But he said that there had never been any other complaint about the safety of the school.