SnowDome activity centre sentenced for failings in toboggan death of 12-year-old boy at birthday party

SnowDome Ltd, of Tamworth, admitted one charge of breaching health and safety regulations designed to keep people safe when it was represented at Telford Magistrates Court today (Wednesday, February 26).

The charge came after 12-year-old Louis Watkiss, from Sutton Coldfield, was killed while he was tobogganing at a friend's birthday party at the Tamworth activity centre on September 24, 2021.

Louis’ family were present in court as Nathan Cook, prosecuting on behalf of the Health and Safety Executive, told the court about the tragic events - and the lack of procedures in place to prevent them.

The court also heard that in the weeks running up to the tragedy there had been repeated similar incidents involving near-misses with members of the the public and staff.

Mr Cook explained that shortly after 6.30pm Louis had been at the top of the slope waiting for a staff member to give him the green light to begin his toboggan run.

He was part of a half-hour session of tobogganing taking place on the slope.

Mr Cook told the court: “He waited for her to tell him to go, which he did as the traffic light was on green.”

As he was making his way down, Louis’ toboggan hit a member of staff who was on the slope, conducting what was described as a ‘slope walk’.

Mr Cook told of how one of the employees who was at the mid-point on the inner wall of the slope saw her colleague step out onto the slope to pat down some snow, and then walk back.

The court heard she saw Louis’ toboggan come down behind, with Mr Cook saying: “It made contact, as a result he fell backwards onto the toboggan and its rider, who was Louis.”

The collision caused Louis to suffer a fatal head injury.

He died at the scene shortly after the crash, despite the attendance of the emergency services.

The court was told there were no requirements for riders to wear helmets while taking part in tobogganing, and that the slope walks would take place several times a day - and during toboggan runs.

Mr Cook said that the SnowDome’s risk assessments had not properly identified the danger of the practice.

He said that the company’s guidance on slope walks said they should be conducted before sessions begin, but “on rare occasions this may not be possible and sessions may have started”.

Mr Cook said that those conducting the slope walks were also not wearing high visibility clothing, and were instead in the company uniform of black trousers and black jackets - despite other members of staff wearing high-vis clothing.

The court was told that CCTV had shown a number of incidents in the weeks leading up to the tragedy where there had been other collisions or near-misses during toboggan sessions on the slope.

Mr Cook said: “This shows not only the risk of collisions between toboggan riders and employees, but that they occurred."

Listing the specific failures by the SnowDome, Mr Cook said it 'fell short of appropriate standards', adding that 'collisions were not rare'.

He said the firm had failed to ensure the safety of its customers while they were undertaking tobogganing, that suitable and sufficient risk assessments for tobogganing had not been carried out, that it had failed to put in place appropriate arrangements to manage the risk of collisions between toboggans and pedestrians, that it failed to ensure that slope walks were not conducted during tobogganing sessions, and failed to ensure slope walks were conducted in a safe manner.

The companies' three directors were all in court to watch proceedings.

Keith Morton, mitigating on behalf of the firm, read a letter from the three sent to District Judge Kevin Grego.

In it they said that "Louis should have been kept safe while tobogganing at the SnowDome," and that he "should have returned home to his family".

They added: "For this we will forever be deeply ashamed."

The letter said they were present to "face the consequences and take collective responsibility".

Mr Morton told the court the firm had pleaded guilty at the first opportunity - and had in fact said it would plead guilty even before a decision to charge had been made.

He added that there had been an "extremely high level of co-operation both with the police and the Health and Safety Executive from the outset".

Mr Morton said the SnowDome had voluntarily ceased all tobogganing activities at the attraction - and would not be bringing them back.

He added that helmets are now required for activities at the venue.

Mr Morton urged Judge Grego to reduce any fine on the firm, arguing that it is a seasonal business which faces "astronomic" energy costs of more than £1m a year, and was also dealing with increases in the minimum wage.

He added that it was investing in green energy to reduce its costs, but that investment could be impacted by the level of any fine.

The court was also told that the company had lost as much as £120,000 due to last year's riots at the neighbouring Holiday Inn, which came after the horrific murder of three girls in Southport.

Mr Morton said the firm had also already paid £76,000 towards Health and Safety Executive investigations.

Addressing Louis' family during sentencing, Judge Grego said that the law was a "blunt instrument in these circumstances and nothing I do or say will reduce your grief I am afraid".

He fined the company £100,000 for the breach, and ordered it to a £2,000 victim surcharge, as well as £14,534.20 in costs.