Two Scout leaders who ‘lost’ three boys on a mountain expedition before one of the teens fell to his death have been told that they cannot challenge a verdict of unlawful killing.
Ben Leonard, 16, from Stockport, Manchester, died from a serious head injury after falling roughly 200ft off the Great Orme in Llandudno, North Wales, while on a three-day expedition with the Reddish Explorer Scouts on August 26, 2018.
Ben and two friends had taken a different path from the other Scouts in the group and were unsupervised as they tried to scramble down the slope.
He ended up on a 50cm ledge, which was an animal track, when he lost his footing, slipped and fell to his death.
Scout leaders Sean Glaister and Mary Carr applied for a judicial review after an inquest jury returned a verdict of unlawful killing against them last year, and that neglect on the part of the Scout Association contributed to Ben’s death.
But today Mr Justice Fordham ruled the coroner David Pojur had directed the jury fairly and correctly and rejected the appeal to review the inquest findings.
‘Unlawful killing is a proper conclusion for a jury to reach, where that conclusion is justified on the evidence,’ he wrote.
‘The jury is not making a determination of any question of criminal liability on the part of anyone, named or otherwise.’
‘We are just relieved it is now over and the judicial review failed,’ Ben’s mother Jackie Leonard, 54, said. ‘We need to try to move forward now but with Ben in our hearts always.’
Ben Leonard, 16, from Stockport, Manchester, died of a serious head injury after falling off the Great Orme in Llandudno, Wales, while on an expedition with the Reddish Explorer Scouts
A jury inquest concluded that Ben had been ‘unlawfully killed’ by the Explorer Scouts leader, Sean Glaister, and assistant leader, Mary Carr
Ben was on a trip with the Reddish Explorer Scouts when he sustained a fatal head injury falling from the beauty spot. Pictured: The Great Orme in Llandudno, North Wales
Ben had been left ‘unsupervised’ with two other Scouts on the grassy tops of the Great Orme, a 679ft (207m) headland on the north coast of Wales, according to the coroner’s report.
Thinking he could see a quicker way down, Ben began his descent when he suddenly slipped and fell off the cliff.
On the day of Ben’s death ‘no brief, instructions or written risk assessment was done’, the court heard.
His older brother, Thomas, 26, told the Times: ‘They should have never let it get to this position in the first place. There’s a blind faith where they say, ‘We’re the Scouts, trust us’. How can we trust what they say?’
At the beginning of the inquest last year, the third after two previous inquests were aborted, The Scout Association for the first time publicly apologised and accepted responsibility for Ben’s death.
Chair of the board Jennie Price, chief executive Matt Hyde, and UK chief volunteer Carl Hankinson said in response to the report they expressed their ‘wholehearted apology to the Leonard family’.
‘Both for the death of their Ben, and for the anguish we recognise they have experienced over the past five and a half years,’ they said.
‘It was not the intention of anyone at Scouts to contribute towards any further pain, but we recognise that we have caused further distress and for that we are truly sorry.
‘Keeping young people safe from harm remains our number one priority at Scouts.’
During the inquest Mr Glaister declined to answer a series of questions from Ben Richmond KC the lawyer representing Ben’s family.
Mr Pojur, assistant coroner for North Wales east and central, referred The Scout Association and an employee, who cannot be named, to North Wales Police to investigate for conspiracy to pervert the course of justice.
In a scathing prevention of future deaths report during the inquest, he said the volunteers did not understand basic safety procedures.
In the 20-point list, he also said the association ‘created a misleading impression’ in its evidence in regards to its action during the trip.
‘In my opinion there is a risk that future deaths will occur unless action is taken,’ the coroner concluded in his report.
Ben had been left ‘unsupervised’ with two other Scouts on the grassy tops of the Great Orme
The inquest heard that Ben could have been saved if he had been given ‘basic’ instructions
In the 20-point list, he also said the association ‘created a misleading impression’ in its evidence in regards to its action during the trip.
‘In my opinion there is a risk that future deaths will occur unless action is taken,’ the coroner concluded in his report.
The Scout Association said it was ‘committed to learning’ and had already made changes to risk assessments, safety rules, and training and support to volunteers.
They said they are making ‘fundamental changes’ to their approach to safety and a ‘fatal accident investigation panel’ with an external chair and independent members had been set up for Ben’s death.
Ben (right) with his father, Dave, 57, mother, Jackie, 54, and older brother Tom, 26
Pictured: Ben’s mother Jackie and his father Dave. Jackie previously told MailOnline her son’s death had a ‘devastating impact’ on her family and that the organisation needs to be regulated by an external body
Ben’s grief-stricken mother Jackie Leonard, 54, previously told MailOnline her son’s death had a ‘devastating impact’ on her family and that the organisation needs to be regulated by an external body to be ‘made safe’ and prevent more children from dying.
Jackie has now joined forces with the families of Lee Craddock, Scott Fanning and Roy Thornton, who died on Scouting expeditions in 1995, 1998 and 1999 respectively, to demand the Government launch a public inquiry into the organisation’s ‘training and policies’, as well as establish an external regulator.
Jackie said that under Mr Hyde’s leadership the association had ‘failed’ in its number one priority, to keep children safe.
Jackie said: ‘The impact is devastating on the whole family, I do think that in their 100-plus-year history, this is their darkest time.
‘Like with the Post Office, it’s a David and Goliath situation where you’ve got this worldwide organisation and then you’ve got some families who are trying to get change.
‘We don’t want to see Scouts abolished or anything like that, because there are a lot of good people in Scouting doing good work and a lot of children that get enjoyment from it.
‘My Ben enjoyed it, but it needs to be made safe and that’s why we just want to see them regulated by an outside body, like schools and other activity centres.’
The inquest also heard Ben’s family were lied to as The Scout Association was worried about ‘reputational damage’, and Ben’s family were told, ‘people who try and take on the Scouts are never successful’ and that ‘no-one can touch the Scouts’.
Around 500,000 young people and 145,000 adult volunteers take part in Scouting projects and activities each week, according to the association’s own figures.
