Eversheds International

Local Government

Corporate manslaughter

The decision to prosecute Barrow-in-Furness Council and individual officers for manslaughter after the legionella deaths in 2002 was a significant development. For the first time a public body faced trial for manslaughter in a corporate capacity. Whilst the manslaughter prosecution failed, it is clear that the safety regulators do not consider public bodies to enjoy any kind of 'special status' with regard to criminal liability. Crucially, with the Corporate Manslaughter and Corporate Homicide Act 2007, the law has now changed and it will be much easier to successfully prosecute an organisation for corporate manslaughter arising out of workplace fatalities. The new Act applies to local authorities just as much as it does to private sector organisations.

We have a bespoke training and awareness workshop product for local authorities which reflects our extensive legal and practical experience of advising on investigations into fatalities across all sectors.