Nigel Fryer defends NHS Heath Board against HSE

April 02 2025

Nigel Fryer, instructed by NHS Legal and Risk, represented Betsi Cadwaladr University Health Board against a prosecution brought by the Health and Safety Executive over the deaths of three elderly patients.

The Board faced a single charge under section 3 of the Health and Safety at Work Act 1974 that they failed to manage the risk of adult in-patient falls. The HSE cited the deaths of three patients to demonstrate the failures, with two of the deaths blamed directly on a fall.

Several failings were highlighted, including a failure to undertake suitable risk assessments and inadequate training. 

The Board entered a guilty plea before DJ Gwyn Jones at Wrexham Magistrates Court on the 1st April 2025.

Mr Fryer successfully argued that the penalty should be reduced from the starting point of £1.2 million to £250,000, as the Board was under considerable financial pressure and had made significant progress in addressing safety concerns.