Gran died after fall through hole left by workmen

Jan 27 2011 by Alistair Watson, West Lothian Courier

WEST Lothian Council have been fined £80,000 after a frail grandmother died when she fell through a hole in her hallway left by council workmen.

Mum-of-six Catherine Walker, 90, fractured her leg and ribs following the fall in her Broompark View home in East Calder on July 2, 2009, and died later in hospital.

Details of the tragedy only emerged this week as West Lothian Council were handed an £80,000 fine at Livingston Sheriff Court after they admitted breaching health and safety laws.

While welcoming the fine Mrs Walker’s family said no amount of money could make up for their loss.

Her eldest son Bobby, 64, said: “It would not have mattered how big the fine was, it’s not going to bring my mum back.

“She was my best friend and I could talk to her about anything. She was a loving mum and grandmother.

“My sister Shirley lives in America and every time she phones home she says ‘I still miss my mum’ and all the family feel the same.

“My dad has been devastated by this and gets upset when talking about it. They had been married for over 60 years and he misses her greatly.

“This should not have been allowed to happen and should have been prevented.

“I’ve never personally had anyone from the council or the workers come to see me to apologise for what happened.

“At least they took responsibility for it and admitted it was their fault by pleading guilty.”

Mrs Walker had been trying to get to the bathroom when she tumbled through the unguarded access hole at her home.

Council workmen had lifted the floorboards to reach central heating pipes as they carried out gas repair work.

The 90-year-old died in Edinburgh Royal Infirmary after falling ill with pneumonia.

On the day of the accident, Bobby — who lived at the house with his parents — came home to find dad Arba, 91, traumatised and was told his mum was in hospital.

“It was actually the workers themselves who told me about the accident, although we had no idea at that stage that it would prove fatal,” Bobby said.

“My dad was in the living room at the time and he was quite traumatised when I came back.

“I think a lack of supervision played a part in it as there didn’t seem to be anyone in charge of the workers.

“My mum could have gone to stay with my cousin or brother while the work was being done but wanted to stay in her own home where she was happiest.

“I know this tragedy wouldn’t have happened if me or any of my brothers had been here at the time.”

Paying tribute to his mum Bobby said the accident should have been prevented.

He added: “My mum was a strong character and was well respected in the village.

“While she wasn’t too active latterly she enjoyed going to church and East Calder Bowling Club.

“My brother Graham dealt with all the legal stuff but we had to take the case this far in order to honour my mum. We’re angry we had to take the council to court to get them to take responsibility.

“Hopefully, something like this never happens again to anyone else and the council learn from their mistakes.

“What we went through as a family was horrific and we hope no-one else ever has to go through it.”

Following the case, Health and Safety Executive (HSE) Inspector Garry Stimpson said: “This tragedy could have been avoided. The council employees should have covered the access hole or erected a barrier around it — this would have ensured the safety of Mrs Walker.

“Every time work is carried out contractors must take positive steps to prevent incidents — otherwise this type of incident will happen again.”

A West Lothian Council spokesman commented: “West Lothian Council wish to express their regret and sympathy to Mrs Walker’s family.

“The council unreservedly apologise for the failure that led to their loss.

“This tragic incident has been treated with the utmost seriousness and the council cooperated fully with the investigations of the Health and Safety Executive (HSE).”