Legal action over 10ft fall which killed pensioner in mobility scooter

The Health and Safety Executive (HSE) has confirmed it is prosecuting NHS Litigation for an alleged breach of health and safety rules in relation to the death of Benjamin Withers.

It comes after jurors at an inquest into Mr Withers’s death recorded a verdict of accidental death.

Mr Withers, known as John, died from severe head injuries after the mobility scooter the 82-year-old was driving fell to the ground from the walkway at Fareham Health Centre, the inquest heard.

Grandfather Mr Withers, of Denbigh Drive, Fareham, fell 12ft in the incident on September 20, 2012.

Shaken witnesses wept in front of the jury at his inquest in Portsmouth as they relived the tragic incident and efforts to save him.

The medical centre was then owned by NHS Hampshire and let out to NHS Portsmouth, but these bodies were abolished in 2013. The NHS Litigation Authority has taken on criminal litigation for the abolished health bodies.

Following the conclusion of the inquest, the HSE said it would review the evidence before deciding its next step.

It has now confirmed that it is prosecuting NHS Litigation Authority.

An HSE spokesman confirmed it had issued summons to NHS Litigation Authority to appear in court where it will answer a breach of section 3(1) of the Health and Safety at Work Act 1974, which means failing to ensure that members of the public affected by its activities were not exposed to risks to their health and safety.

NHS Litigation will appear for a first hearing at Portsmouth Magistrates’ Court on October 26.

An NHS Litigation Authority spokesman said “Firstly, this was a very tragic case and we recognise that this will have been, and will continue to be, a very difficult time for Benjamin Withers’ family. Our heartfelt condolences go out to them.

“We are able to confirm that the Health and Safety Executive has taken a decision to prosecute NHS LA under the Health & Safety at Work Act 1974.”