Can a Parish Councillor be prosecuted under Health & Safety legislation

Question

A Parish Council appoints a Grounds Maintenance contractor to undertake work. The Parish Council fails to confirm that the contractor has relevant public liability insurance or to appoint a responsible person to supervise the works. The contractor is subsequently involved in causing an accident. Can the HSE bring a prosecution against the Clerk as an individual and or the Chair person and or a specific Councillor as an individual for failing to ensure adequate compliance of its appointed contractor?

Answer 1

This is a question that may well need a fully briefed professional adviser.  In general, councillors are not liable for mistakes of a council unless they have failed to act in good faith.  A clerk is expected to take reasonable care over council matters, but this must be viewed in the light of the nature of the clerk's job, given the size of the parish and the experience of the clerk.  It is certainly normal practice to check that a contractor has appropriate insurance cover.