An Indian-origin couple have concluded their fight for justice over the death of their two-year-old daughter who died of a heart attack when her head got stuck in a playhouse at a nursery in Essex, north-east of London.
Two companies and a care worker found responsible for health and safety failings connected with the death of Rhiya Malin at Eton Manor Nursery in Chigwell back in 2007 were fined by Chelmsford Crown Court yesterday.
Casterbridge Care and Education and Casterbridge Nurseries (Eton Manor) admitted the breach and were fined 75,000 pounds each.
"I hope firms now realise there are consequences when they fail. You cannot ever accept the loss of a child especially in the circumstances we lost Rhiya," said the girl's mother, Shatl Malin, outside the courthouse.
"We now have another little girl who is 20 months and she is bringing us a lot of happiness," the 33-year-old mother added, alongside husband Jay Malin.
Judge Karen Walden-Smith listed a number of damning failings in the care provided by the nursery and nursery worker Kayley Murphy before delivering her sentence.
"This is undoubtedly a difficult and sensitive sentencing decision, as at its centre is the death of a young, much-loved and much-wanted child. She was clearly developing into a bright, engaging and happy child. In my judgement the main aggravating feature with respect of the offences committed by the Casterbridge companies is the death of Rhiya Malin while in their care. The companies failed in their core obligation," the judge said.
"Kayley Murphy is in a different position to the company. She failed on that day to properly supervise the children for whom she was responsible as the room manager and she used her mobile phone," she added, issuing a fine of 2,400 pounds for the nursery worker.
Rhiya was dropped off at the nursery on November 7, 2007 in the morning. She was later found trapped by the neck between the wall and roof of a wooden playhouse.
It is believed she could have been standing on a tricycle in the playhouse and may have then slipped, the court was told.
The two-year-old died about an hour later in hospital.
The playhouse, bought at a discount store for 100 pounds, had been modified to prevent the roof from blowing off but had not been subsequently risk assessed.
Murphy was in the garden with three other supervisors while children were out playing at Eton Manor Nursery.
When they were called in Rhiya was missing and was found in the playhouse with her feet off the ground.
Murphy tried to resuscitate her while paramedics were on their way.
Both companies had pleaded guilty at an early stage to breaches of health and safety laws.
"I do not find that the companies were placing profit above safety but health and safety was not being taken seriously enough. Necessary support to staff was not given to enable health and safety to be given the prominence it required," Judge Walden-Smith said.
