Sheffield Crown Court: Company faces fine after trapped eight-year-old boy was found dead on building site

A construction company faces a fine after an eight-year-old boy who became trapped and died in a pipe on a building site was believed to have suffocated to death.
By Jon Cooper
Published 29th Jul 2022, 14:25 BST
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Sheffield Crown Court heard on June 29 how eight-year-old Conley Thompson’s body was found trapped in an above ground construction pipe with a 23cm diameter at a building site on Bank End Road, Worsbrough, Barnsley, on the morning after the day he had gone missing.

Barrister Andrew McGee, representing the Health and Safety Executive, said: “This matter arises out of the tragic death on July 27, 2015, of an eight year-old boy.”

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He added police and the HSE launched an investigation after Conley Thompson’s body was found trapped in a pipe at the Howard Civil Engineering Ltd’s Church View housing building site.

Pictured is Conley Thompson, who died aged eight, after his body was found trapped in a plastic pipe at the Howard Civil Engineering Ltd's building site for the Church View housing development, at Worsbrough, Barnsley, on the morning of July 27, 2015.Pictured is Conley Thompson, who died aged eight, after his body was found trapped in a plastic pipe at the Howard Civil Engineering Ltd's building site for the Church View housing development, at Worsbrough, Barnsley, on the morning of July 27, 2015.
Pictured is Conley Thompson, who died aged eight, after his body was found trapped in a plastic pipe at the Howard Civil Engineering Ltd's building site for the Church View housing development, at Worsbrough, Barnsley, on the morning of July 27, 2015.

Mr McGee said: “Once in the tight confines of the pipe his head and neck became entangled with his clothing.”

The fencing around the site had been inadequate and badly maintained allowing easy access, according to Mr McGee.

He said there were inadequacies to three sides of the site allowing access with fencing at chest level, a damaged perimeter with access underneath, objects providing steps over the perimeter and accessible mounds of rocks.

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Mr McGee pointed out children do not appreciate the risks posed at construction sites and often see them as “adventure playgrounds” but the responsibility falls to those overseeing sites to make them secure.

Pictured is a Google Street view image of the Church View building site, at Worsbrough, Barnsley, from October, 2014, nine months before youngster Conley Thompson's death, in July, 2015.Pictured is a Google Street view image of the Church View building site, at Worsbrough, Barnsley, from October, 2014, nine months before youngster Conley Thompson's death, in July, 2015.
Pictured is a Google Street view image of the Church View building site, at Worsbrough, Barnsley, from October, 2014, nine months before youngster Conley Thompson's death, in July, 2015.

Company employees recalled seeing children at the site and that there had been damage and a theft and youngsters had been chased away.

However, the company claimed that even though it had been aware of the risks they had not known the site was being used as a playground.

Mr McGee said Conley had been with friends the day before his body was found by an employee who had seen the youngsters’ hands sticking out of the pipe.

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He said: “Conley must have descended into the pipe with both feet at the same time, which could either be he jumped or lowered himself in, or that he slipped in with both feet while playing.”

Mr McGee added: “There was a very extensive police investigation before this matter was handed over to the HSE to see if there were any suspicious circumstances and none was found.”

He also said: “Conley became trapped in a pipe and ultimately died.”

Howard Civil Engineering Ltd, which has no previous convictions, admitted failing to prevent unauthorised access to the site and failing to prevent people not employed by them from being exposed to risk.

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The company subsequently implemented security improvements to the site perimeter with new fencing and CCTV.

Judge Jeremy Richardson QC said: “It is so attractive to a child it’s an absolute death-trap and this company fell down on providing adequate fencing.”

Barrister James Maxwell-Scott, representing Howard Civil Engineering Ltd, said the site had been challenging because of slopes and fencing had been damaged and had needed repairs.

He added: “A site is never going to be risk-free and preventing people getting onto a site is never going to be guaranteed.”

Mr Maxwell-Scott said the narrow pipe would not come with a danger warning and it would not have been seen as a death-trap.

Judge Richardson adjourned the case until August 4 for sentencing.