Life-changing injuries caused by an unsafe gate - Kent Trading Standards secures prosecution

A Kent resident was left with debilitating injuries after an incident with an automated sliding gate at their family home in February 2022.

Pallet Handling Penshurst Limited (PHPL), who originally traded as Chase Fencing of Tonbridge, and subcontractor Derek Havill, of Harris Road, Sheerness admitted the charges under the Supply of Machinery (Safety) Regulations 2008 in December last year.

Havill and Alan Coulstock, director of Chase Fencing at the time of the incident, attended Sevenoaks Magistrates Court on 1 April and then Maidstone Magistrates Court the following day for sentencing.

The court heard that on or around 23 January 2020, PHPL, as a responsible person within the meaning of the Supply of Machinery Safety Regulations 2008 put into service an automated gate which was unsafe, and that offence was due to the act or default of Derek Havill.

The gate had failed to operate properly from the outset, often jamming and closing on vehicles. Despite attempts by the defendants to fix the issues, in 2021 the mechanism failed once more. This time the gate, which weighed more than 400kg, travelled beyond its supports and fell to the ground. The defendants where called back and replaced the broken parts but did not investigate nor resolve the underlying issues.

This led to the incident in 2022 when the gate opened too far, came free of its housing and crushed the homeowner, who sustained serious injuries that will impact them for the rest of their life.

PHPL was fined £30,000 and ordered to pay £14,000 costs. Havill was sentenced to 200 hours of community service and ordered to pay £3,600 in costs.

James Whiddett, Operations Manager for Kent Trading Standards, said: “This upsetting case highlights the severe consequences when safety regulations are not followed and machinery, like a substantial automated gate, is not made and supplied correctly.

“Our investigation revealed multiple issues and therefore risk factors with the gate. Despite the defendants attending on several occasions to deal with repeated malfunctions, they failed to address the problems, which led to the distressing incident in 2022.

“Automated gates must be designed and installed with rigorous safety measures to prevent accidents and harm to those who use them. Failure to provide adequate safety devices, including adequate end stops, combined with neglecting to conduct the necessary installation procedures and supply appropriate instructions for use can lead to catastrophic outcomes, as seen in this case.

“This prosecution highlights the obligations of companies and installers to ensure all mechanised installations are safe for consumer use. Disregarding these responsibilities can expose consumers to the risk of serious harm. Kent Trading Standards remains committed to enforcing the legislation at its disposal to safeguard Kent residents.”