Call to close gaps after toddler's fatal fall

A SHERIFF has called for building standards to be tightened after a child fell from a balcony at his mother's workplace and died.

Ben McCreath plunged 15ft through a gap in glass panelling at an Edinburgh office block on Valentine's Day 2006.

The 21-month-old suffered fatal head injuries after falling from the first-floor balcony to the ground floor of the Princes Exchange building in Earl Grey Street, Tollcross.

A fatal accident inquiry into his death took place over several weeks at Edinburgh Sheriff Court. In her determination, published yesterday, Sheriff Mhairi Stephen described Ben's death as a "tragic accident", and called for moves to "promote certainty, clarity and safety" over building regulations.

Ben's mother, Louise McCreath, welcomed the sheriff's comments. "The best way to describe it would be to say I am content with it," she said. "Happy and delighted are the right words, but wrong in this context."

The inquiry heard regulations state that, in and around any non-domestic building, where it is thought that children may be present, gaps in any protective railing should not be large enough to allow a child's head to pass through. To protect against this, the gaps should be small enough to stop a 100mm sphere from getting through.

The sheriff recommended the "100mm rule" be applied to all non-domestic buildings, not just those where it was thought children might be present.

Sheriff Stephen said: "This would lead to conformity and certainty in new developments, and safety would be enhanced. Architects and designers may apply for a relaxation … only if exceptional circumstances exist to permit a larger gap."

She concluded: "Had the rule applied when the Princes Exchange was designed, this accident would have been prevented."

The inquiry heard that in 2006 Mrs McCreath was a part-time receptionist with legal firm Ledingham Chalmers, which occupied part of the first floor of the building . On 14 February, she attended a meeting, on her day off, to discuss redundancy and took Ben with her.

Ben ran on ahead of his mother and seemed intent on exploring near the doors of another office. Shortly afterwards, he fell through the gap in the balcony. He was taken to Edinburgh's Sick Kids hospital but died later that day.

Sheriff Stephen described the case as "sad and distressing" and passed her sympathies on to Ben's parents. She said she neither made nor implied any criticism of Mrs McCreath's supervision of her child.

The sheriff said: "Louise McCreath could not have been expected to be aware of the hazard presented by the gap, even if she had noticed the gap at all. She was unaware of the presence of the gap. Sadly, the reality is that small children make it their business to run away from and escape a parent even when supervision is very close.

"The fact that Ben ran away does not infer that his mother's supervision was lacking or lax. Children pull away, wriggle and explore. Louise McCreath was in a familiar environment. She, along with the rest of the Princes Exchange community, were unaware of the gap.

"She would be aware of the entrance to the lift lobby and stairs being a potential hazard, but Ben was nowhere near that area. No criticism of Louise McCreath's supervision of Ben is made or implied.

"This was a terrible tragic accident and my deepest sympathies are conveyed to Ross and Louise McCreath, Ben's parents, and other friends and family."

Boy's mother 'content' with sheriff's building law proposal

LOUISE McCreath, 34, last night said she was "content" that Sheriff Mhairi Stephen had recommended that building laws were tightened up.

Speaking from her home in Penicuik, Midlothian, she said: "The best way to describe it would be to say I am content with it. Happy and delighted are the right words but wrong in this context.

"Content is the best outcome we could have hoped for in this situation. If anything comes out of this that prevents it happening to anyone else then Ross and I are extremely proud.

"It is closure for the family. This has been going on for four years now and it has helped in a way that that is it finished.

"You are always thinking of Ben, he was our son so we are always going to be thinking about him.

"He was only 21 months old and he has made such an impact through this, more than I have ever made at 34. That makes me very proud as a mum.

"It doesn't make it easier but it gives his death a purpose.

"I would give anything to turn back the clock but some days you have to think how proud you are of him, because of Ben nobody else will ever go through this."

Mrs McCreath, a part-time receptionist for the NHS, said she and husband Ross, 40, will always remember their son as being "fun".