Review claims after boy's Llandudno death ruled as unlawful killing

Ben Leonard, 16, of Stockport, suffered fatal head injuries when he fell about 200ft after slipping from the Great Orme on August 26, 2018.

After a seven-week inquest, a jury concluded at Manchester Civil Justice Centre on February 22 that Ben's death was due to unlawful killing by the trip’s Explorer Scout leader and assistant Explorer Scout leader.

READ MORE:

Family of Scout who died in Llandudno urge disclosure of ‘reviewer’

Ben Leonard - family call for external regulation of Scouts

The jury also concluded that the neglect of The Scout Association contributed to Ben’s unlawful killing.

But the Pioneer has learnt that two claims for judicial review have now been made regarding the inquest.

The claims were issued to the Administrative Court in Manchester, but the matter will be transferred to the same court in Cardiff for the applications to be considered.

Ben Leonard (Image: Family handout)

What is judicial review?

Judicial review is where a judge examines the lawfulness of a decision or action made by a public body.

It is a challenge to the way a decision has been made, rather than whether the conclusion reached was correct.

Full hearings are typically heard in the Administrative Court, which is a branch of the High Court.

Claims for judicial review must usually be made within three months of the decision in question being made – in this case, by May 22.

Some judicial review cases are not given permission to proceed to a full hearing, often because they are unlikely to be successful - if given permission, they are heard before a judge.

Instead of making a decision on the day, the judge usually adjourns the case, and produces a written judgment in which he or she decides, with reasons, whether the public body acted unlawfully, and if it did, what should be done to put things right.

Ben Leonard (Image: Family handout)

What did the inquest into Ben’s death hear?

Ben had underwent a circumcision shortly before the trip to North Wales, which caused him some discomfort while walking.

It was because of this discomfort that he tried to find his way back down the Great Orme - at the time, he and two friends were out of view of all three of the Scout leaders.

None of the leaders knew about the procedure Ben had underwent, while Ben also did not have a “route card”, directing him where to walk on the Orme.

All three of the leaders – Sean Glaister, Gareth Williams and Mary Carr – were not suitably qualified first aiders for the trip, a breach of Scout rules.

Brian Garraway, a group Scout leader who was a qualified first aider, was believed by some to also be going on the trip, but did not.

The Scout Association’s Policy, Organisation and Rules, meanwhile, was not checked by Mr Glaister when he planned the trip.

None of the leaders were suspended from their respective duties in the aftermath of Ben's death, nor was a serious incident review carried out by The Scout Association.

Ben Leonard (R) and his brother, Tom (Image: Family handout)

What has happened since the inquest concluded?

The Leonard family started a petition calling for a public inquiry into The Scout Association - www.change.org/p/public-inquiry-needed-into-the-scouts-association-and-why-they-should-be-regulated.

Coroner David Pojur, who oversaw the inquest, issued a lengthy Prevention of Future Deaths report, in which he raised concerns that there is “not a culture of candour” within The Scout Association, and that it is not held to account by a “robust regulator”.

The Scout Association published its 42-page response to this report in April, in which it issued a “wholehearted apology” to Ben’s family, and outlined the “fundamental changes” it is endeavouring to make following the inquest.

Matt Hyde, The Scout Association’s chief executive since 2013, confirmed in March that he is leaving the organisation from September 1, to take on the same role at the Lloyds Bank Foundation.