Coroner demands action after gran crushed by wall

A coroner has called for action to prevent "a significant risk of future deaths" after a grandmother died when a wall collapsed onto her while she was in a lean-to carport below.

Clarice Berry, 77, died from chest injuries after the gable end wall of her home in Shevington, Wigan, fell on to her in July 2021, an inquest in Bolton heard.

Coroner Bronia Hartley called on landlord S&G Properties (No2 Ltd) and KMPM property management company to ensure such an incident does not happen again.

Landlord Shlomo Klein said they were really upset about Clarice Berry's death and would "do anything that we can to prevent anything like this happening again". KMPM has been approached for comment.

Clarice Berry had been under a lean-to carport on 18 July 2021 when the gable end wall and the upper part of the outer leaf of the end wall of her home weighing about 3,800 kg (3.8 tonnes) collapsed on to her, trapping her beneath the rubble.

An inquest in Bolton on 18 June heard she was freed by firefighters and taken to the Royal Albert Edward Infirmary in Wigan, where she died later the same day.

The inquest heard that Clarice's Berry's husband Arthur had previously raised concerns about the wall of the end-terrace property on a number of occasions.

This included occasions in August 2013 and March 2016, with evidence of this having been noted by the property manager at the time.

The inquest heard that a report on the wall which was sent by Arthur Berry to previous management firm Healey Simpson Ltd "fell by the wayside" when the owner died and Kaye Mackenzie took over as managing agent and S&G Properties (No2 Ltd) took over the ownership of the house.

An investigation carried out by the Health and Safety Executive revealed the complete failure of a series of wall ties in the upper part of the cavity wall below the gable wall.

Hartley said that "any reasonably competent property management company and/or responsible landlord would, at the very least, have ensured that the wall was monitored for any signs of progression and, by no later than 2018, would have ensure that a structural survey was performed".

The assistant coroner for Manchester West said in her prevention of future deaths report that the wall was affected by structural defects, including wall tie failure - of which there was "clear evidence and where no investigation or remedial works had been carried out, which, if undertaken, would have prevented the collapse".

She expressed concern that neither S&G Properties (No2 Ltd) nor KMPM were following the government's Housing Health and Safety Rating System guidance designed to avoid or minimise potential hazards.

The report said there were "no clear systems in place at either company and at the intersection of the two companies to prevent the recurrence of circumstances such as those leading to the deceased's death".

This was "namely the development of a serious hazard during a tenancy which, as in the deceased's case, is reported but is not appropriately or timeously responded to or which is not identified by the tenant".

The report also states that neither company had carried out a post-incident evaluation of their properties to ensure they were "free from serious hazards which remain outstanding and have not come to the attention of the local authority".

Hartley said in her opinion, unless action was taken to address these concerns "then there is a significant risk of future deaths and I believe both of you have the power to take such action".

Clarice Berry's family issued a statement following the inquest, in which they thanked the coroner and her team "for their care, sensitivity and professionalism throughout the inquest" and welcomed the report to prevent future deaths.

"While nothing can bring our mum back or change what happened, we feel the conclusion is appropriate and reflects the evidence heard," they said.

"This has been a devastating loss for our family, and we would not wish such trauma on anyone else."

The family said they welcomed the issuing of a prevention of future deaths report and "hope it supports learning and helps reduce the risk of similar tragedies in the future".

"At this time, our focus is on remembering Clarice - a dearly loved wife and mum - and supporting one another as a family," they added.

A Health and Safety Executive spokesperson said an investigation into the incident "was completed prior to the inquest with no further action proposed against any of the parties involved".

Landlord Shlomo Klein claimed the tenant "never ever reported it to the authorities or to anyone responsible which would have brought it to our attention and then the whole thing would have been avoidable".

KMPM property management company has been approached for comment.

Both companies have until 17 August to respond to the report.

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