The investigation identified that Mr Speakman failed to ensure there was a safe segregated area for Albie to play in. Instead, Albie was able to move around the farm while vehicles were being driven / operated.
Mr Speakman had borrowed a telehandler from a neighbour, and while he had previously used the vehicle, he was not appropriately trained. Additionally, the telehandler being driven was in poor condition, it was missing a wing mirror on the passenger’s side, and the driver’s side wing mirror was dirty – severely reducing Mr Speakman’s visibility as he operated the vehicle.
Mr Speakman, 39, was using the telehandler to move woodchip into bags while Albie was left playing in a small unfenced garden at the front of the house on Bentley Hall Farm. The three-year-old wandered onto the farm yard and was fatally struck by the telehandler as it was being reversed.
Neil Speakman, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974 after being charged by the Crown Prosecution Service (CPS).
He was handed a 12-month prison sentence and ordered to pay £2,000 in costs at Manchester Minshull Street Crown Court on 28 February 2025. Mr Speakman must serve at least six months in prison.
Following a trial at Manchester Minshull Street Crown Court, Mr Speakman was found not guilty of gross negligence manslaughter in February 2025. This charge was brought by the CPS following a Greater Manchester Police investigation.
The unsafe use of telehandlers has led to a significant number of serious accidents. The versatile machine can be fitted with a wide range of attachments, making it a valuable contribution to many industries when used by a competent, trained operator. It is vital that the use of telehandlers is reviewed and under constant monitoring to ensure that tasks being carried out remain safe. Supervisors and operators have the necessary training, competences and that planning is effective.
Additionally, maintenance of a telehandler is an essential part of safe operation. As with all machines, a telehandler will wear, deteriorate and can suffer damage over time. Inspecting a telehandler prior to use can help identify faults which will prevent deterioration / unnecessary risks.
The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) require that all lifting equipment is thoroughly examined by a competent person at specified intervals:
1. When the telehandler is put into service for the first time (LOLER Reg. 9(1))
2. A period not exceeding 12 months if the telehandler is only used for lifting goods (LOLER Reg. 9(3)(a)(ii));
3. A period not exceeding 6 months if the telehandler is used for lifting persons (LOLER Reg. 9(3)(a)(i));
4. After any major alteration or damage (event) (LOLER Reg. 9(3)(a)(iv))
Assuming machinery is safe to use (because it passed it's annual examination) is a risk that many farmers take on a regular basis. Owners and users or equipment / machinery should undertake regular inspections to ensure damage has not occurred which could impede its safe use.
Both Good to Go Safety and TakeAIM provide inspections which highlight key safety features / components on machinery which should be checked prior to use. Each inspection only takes a short time to complete but ensures equipment is safe and provides invaluable evidence should an accident occur.
The original HSE article can be read by - clicking here
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