Child’s death leads to calls for a farming culture change

The tragic death of four-year-old Harry Lee on his family farm in Newchurch-in-Pendle in Lancashire has led IOSH, the Health and Safety Executive, and Harry’s own family to call for a renewed focus on children’s safety in agricultural settings.

On 8 July 2019, Harry had been riding on the cab footplate of a JCB Loadall driven by his uncle, Brian Nutter, when he fell and was fatally crushed beneath the vehicle’s wheels. Earlier this month, Nutter was given a suspended prison sentence for his role in Harry’s death. 

We spoke to HSE inspector Shellie Bee, who investigated the case, about the wider implications of Harry’s death.

'I used to be an agricultural inspector so I have inspected a lot of farms and I am quite used to the farming community. But this is the death of a child and it is an unimaginable situation to have to deal with as a parent,' Shellie said.

Because of Shellie’s background, she is well aware of the realities of farming life. However, she believes that the culture around children’s involvement on farms is something that needs to be addressed.

'Harry lived on the farm with his mother and grandmother. His mum had grown up on the farm, as had his uncle Brian, and riding on agricultural vehicles and being involved in farming activities is exactly what they used to do. So I think it does become part of the lifestyle, it does become part of the culture, and the risks involved aren’t necessarily seen when it’s something that you do as common practice,' Shellie said.

'The idea of children riding on tractors or pieces of equipment is something that happens on farms, and accidents do happen. Legally, children are not allowed to ride on any agricultural vehicle, even if there is a proper passenger seat and cab, until they are 13 years old.

'In this situation, it was a bit more unusual in that Harry was stood on the footplate of the JCB, so in that respect there is an additional risk. But absolutely no children should be on any agricultural vehicle and that’s the message that HSE is trying to push by publicising this case. We do not want people to think: oh, but that little lad was stood on the footplate — had he been in the cab he would have been safe. Absolutely not. Accidents happen with children in cabs. It is a misconception to think that children are safe just because they are in the cab of a vehicle.'

Sentencing and advice

On 7 March at Wigan Magistrates’ Court, Nutter pleaded guilty to breaching section 3 of the Health and Safety at Work Act. He was given a 26-week prison sentence suspended for 18 months, a community order that included 250 hours of unpaid work, and ordered to pay costs of £5,154.

In terms of sentencing, Shellie believes the court made the correct decision to send a message to the farming community.

'We are very sensitive to the fact that what has already happened to Brian Nutter is going to be worse than any punishment the courts could sentence him to. But there had to be a significant enough punishment to send a message. We think the sentencing here does that. A prison sentence that is suspended is one of the most serious punishments that can be given.'

Speaking following sentencing, Harry’s mother and Mr Nutter’s sister, Sarah Nutter, said: “If we could go back and make different decisions and do things differently, we would certainly do so. We have had to learn the hard way. 

“The dangers to children on farms are often not appreciated when you live with them, but they should be at the forefront of all our minds every single day. I hope the effects of Harry’s accident will change the attitude of people living on farms and make them think twice about the dangers their children are exposed to and how easily accidents can be avoided.”

In terms of guidance for families and children on farms, the HSE has some clear advice.

'Farms are incredibly exciting places and there’s probably not a better place to grow up than on a farm,' Shellie said. 

'But we would always say that children should not be involved in any work activities, and if they are on the farm, they should be supervised by a responsible person who is not involved in any work, so their full focus is on that child. Otherwise, children should be kept away from the farmyard and have separate, secure play areas.'

The view from IOSH

Tina Morgan CMIOSH, who is chair of IOSH’s Rural Industries Group, has also reiterated the need to refocus on safety in farming.

'Unfortunately the status of the safety culture in agriculture ranges from no buy-in at all to fully supportive of the health and safety requirements. Tragically it tends to be those who have been directly affected by accidents that are most likely to follow health and safety requirements, and while the number of fatalities in agriculture is higher than any other industry, they are sadly outnumbered by those whose attitude is that the farm is a safe environment for children,' Tina said.

'Following the tragic death of Harry Lee there was an outpouring of support for the family at their loss but there were also a large number of comments expressing anger at the HSE. Unfortunately, rather than agreeing that a farm is not a safe environment for a child, there were many loud voices arguing on social media forums that a farm cannot be compared to a construction site or other workplaces, their justification being that children live on farms. In addition, anyone who supports the view that children must be kept safe and should not be permitted into work areas are met with very personal attacks. 

'Farms are wonderful environments and most children growing up on farms would agree. However, it does not make them safe. A brief review of the HSE website lists a number of case studies where children have suffered life changing injuries or being killed. In the majority of these cases the other person involved is a parent, grandparent or sibling of the injured/killed child.

'There are also recorded incidents where a child under the age of 16 has been responsible for the death of their parent or siblings when they have been left in running machinery or equipment. How does a family recover from such a tragedy when they live and work in the same environment that saw the loss of a loved one in such circumstances? 

'Hopefully the industry will listen to the calls from Harry’s mum and they will ‘think twice about the dangers their children are exposed too and how easily accidents can be avoided’. The HSE and those who warn against the dangers to children on farms should not be the loudest voices calling for change — this needs to come from within the industry and the time for action is now, not when another child is killed.'