Family compensated for pupils' asbestos death

Released 09/03/2011

Woman who died from being exposed to asbestos while at school wins compensation in first case of its kind

An important Supreme Court decision has been made regarding claims for those who have been exposed to asbestos in schools.

The Supreme Court has awarded compensation to the family of Dianne Willmore, who died of mesothelioma, an asbestos cancer, after having small doses of asbestos dust while she was at school. She was diagnosed at the age of 46.

Before she died, Willmore gave evidence at court that she had had exposure to asbestos while a pupil at Bowring Comprehensive School in Merseyside.

She remembered council workmen still being present removing ceiling tiles to re-route cables; schoolmates removing ceiling tiles to put blazers into the ceilings as a prank; and vandalised stacked tiles in the girls' toilets. Some of these tiles turned out to contain asbestos.

The judge at Liverpool High Court found in her favour and awarded her £240,000 less DWP Benefits. The council appealed to the Court of Appeal.

Three judges in the Court of Appeal said that the case should not be overturned. Willmore died the day after the decision was made.

After The Supreme Court case, the council was found negligent in allowing her to be exposed to asbestos.

All seven Law Lords at The Supreme Court said that the test as to whether or not a person should be compensated should remain as the ‘material contribution' test and not a ‘doubling of the risk' test as the council had suggested.

Even though medically, there is no minimum threshold dose of asbestos below which there is no risk of mesothelioma, the Law Lords had been invited to make a decision as to where the legal line should be drawn, what the legal threshold is.

This case is important for any persons who have small doses of asbestos exposure and get mesothelioma. It is also important for those who have had exposure in schools since it is the first case for a pupil.

Ruth Davies, solicitor for Dianne Willmore's husband Barre, said: "Barre Wilmore is absolutely delighted about the result. He knows how pleased Dianne was knowing on her deathbed that her family would be provided for. He was relieved that she was unaware of this appeal. The compensation won't bring Dianne back but will provide some solace.

"These cases were another attack on asbestos disease victims. The defendants were trying to change the law that has been working perfectly well for many years so that fewer people who are dying can get properly compensated."

Philip Parkin, general secretary of education union Voice, said the case highlights the fact that everyone on school premises needs protection against the dangers of disturbed asbestos. "The circumstances demonstrated how easily general pupil behaviour can disturb asbestos that is not properly managed," he said.

More than 75% of schools in the country contain asbestos, with most containing the more dangerous types. A Medical Research Council report stated: "It is not unreasonable to assume, therefore, that the entire school population has been exposed to asbestos in school buildings."

In the last 10 years, more than 140 school teachers have died of mesothelioma, as well as teaching assistants, caretakers, cleaners, school secretaries and nursery nurses. If school staff are being exposed to asbestos, then so are the children in their classes. However, because of the long latency there are no records of the number of children who have subsequently died.

Parkin added: "Many schools staff are not aware of the dangers of asbestos; they do not know where it is and are not involved in its management.

"Urgent action is required to improve standards of asbestos management, and to create an action plan for asbestos in schools, including: audits, risk assessments, relevant training and guidance, and for all asbestos to be identified and removed in a phased programme when schools are refurbished."

See more news stories like this