THE Scout Association has been labelled “institutionally defensive” by the coroner who oversaw the inquest into the death of a boy who fell from the Great Orme on an Explorer Scouts trip.
Ben Leonard, 16, of Stockport, suffered fatal head injuries when he fell about 200ft after slipping in Llandudno on August 26, 2018.
On February 22, a jury concluded that Ben was unlawfully killed by the trip’s Explorer Scouts leader, and assistant Explorer Scouts leader, contributed to by neglect by The Scout Association.
David Pojur, assistant coroner for North Wales East and Central, has since issued a Prevention of Future Deaths (PFD) report, comprising 39 different areas of concern.
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The seven-week inquest, held at Manchester Civil Justice Centre, had heard that none of the trip leaders were suitably qualified first aiders, and that the Orme trip was not risk-assessed.
In his report, Mr Pojur wrote: “I am concerned that there is not a culture of candour within The Scouts Association and the impact that this has on safety and safeguarding.
“I am also concerned that, whilst the Charity Commission has regulatory oversight, there is no robust regulator who independently and periodically audits and inspects the systems, processes and training of The Scouts Association or the granting of permits for adventurous activities, hill walking and ‘nights away’ permits.
“Further, The Scouts Association permit scheme for adventurous activities is exempt from regulation by the Health and Safety Executive.”
Mr Pojur also expressed his concern that, five-and-a-half years on from Ben’s death, the organisation has yet to compile a fatal accident inquiry panel report.
A document which he received in September 2019, entitled “BL Great Orme Learning and Actions Update”, was described as “inadequate”.
The inquest into Ben’s death, Mr Pojur had been informed, was cited as the reason preventing such a report being made.
But, he added, “In this investigation, the evidence I have heard leads me to a concern as to a general reluctance by The Scouts Association to engage in a meaningful learning exercise to prevent a recurrence of the issues pertaining to Ben’s death.”
Mr Pojur added that The Scout Association’s safety training, predominantly completed online as a “click-through course”, is “superficial at best” and “fundamentally basic”.
That it can be completed in 12 minutes, he said, makes it “unsurprising that the current pass rate is now correspondingly high”.
None of the leaders on the Llandudno trip were suspended, meanwhile; only subjected to “restricted duties”, which Mr Pojur said showed a “plain reluctance to prioritise the safety of young people following Ben’s death”.
Some of the participants on the trip were also aged 18 or older, which was deemed a safeguarding error.
When the leaders embarked on the walk up the Orme, and up Yr Wyddfa the previous day, none of them were in possession of a first aid kit.
Mr Pojur added that The Scout Association’s guidance on its website about first aid kit requirements is “basic”.
Within moments of the jury delivering its conclusions at roughly 4.30pm on February 22, meanwhile, The Scout Association issued its official response on its website.
Jennie Price, chairwoman of The Scout Association Board of Trustees, said that it takes the conclusion “extremely seriously”, and that “keeping young people safe from harm remains our number one priority”.
She added that the organisation “emphatically” refutes allegations about any criminal action.
Mr Pojur said: “The Scout Association’s press release within moments of the jury’s conclusion demonstrates a failure of The Scout Association to accept any accountability and understanding any proper learning from Ben’s death.
“The Scout Association is institutionally defensive.”
A copy of the report has been sent to nine different parties, including The Scout Association and the secretary of state for education, Gillian Keegan MP.
All nine parties are duty-bound to respond to the report by April 18.
Mr Pojur wept in court when addressing Ben’s family after the inquest, telling them the last five-and-a-half years must have felt like an "unending battle" when it should "never have been so".
He said: "We have spent too many years looking at each other across a courtroom.
"I've had to watch your grief, not only at the loss of Ben, but also the traumatic journey you’ve had to endure.
"Finally, this cycle has closed.
"You have acted with great dignity and composure throughout, when others have not.
"All you ever wanted to know was the answers as to what happened to your beloved Ben."
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