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Fire service’s High Court action against HM Coroner dismissed by judge

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THE TRAGIC events of 17th September 2019 have once more surfaced in the public domain following the dismissal of an application made by the Mid and West Wales Fire & Rescue Service by the High Court.

Joshua Gardener, a promising young firefighter from the Service, met with a tragic end that day.

A training exercise on the River Cleddau, involving two boats operated by the Fire & Rescue Service, resulted in a collision that claimed Joshua’s life.

In the aftermath of the accident, the Marine Accident Investigation Branch (MAIB) undertook a detailed investigation. This culminated in a report, dated 4th November 2020, outlining various conclusions about the incident, many of which were very critical of the Fire & Rescue Service.

The Marine Accident Investigation Branch (MAIB) explained that the fatal boating collision occurred due to ‘uncoordinated manoeuvres at speed within the same water area’. It was reported that neither of the boat helmsmen recognised the looming danger until it was too late.

Firefighter Josh Gardener suffered a fatal blow to the head from one of the boats involved. The MAIB emphasised that the tragedy could have been averted had there been someone in overall charge of the training exercise.

A significant observation made by the MAIB was that neither of the boat crews was maintaining an adequate lookout.

Chris Davies, Chief Fire Officer of Mid and West Wales Fire And Rescue Service, expressed deep condolences for the loss of Firefighter Gardener and acknowledged the findings of the MAIB report.

He added that, following their internal investigations, several of the report’s recommendations have been implemented by the service since the unfortunate incident of September 17, 2019.

Despite this, with an impending inquest into Joshua Gardener’s death by the HM Acting Senior Coroner for Pembrokeshire and Carmarthenshire, disagreements arose between the Fire & Rescue Service and MAIB regarding how the report and its findings should be presented and approached during the inquest.

The Coroner’s ruling of 28th October 2022 clarified that the findings of the MAIB report concerning the accident’s cause will serve as conclusive evidence in the inquest, meaning these findings would be indisputable. Interestingly, the Coroner’s Office was not present or represented in court as it chose not to actively participate in the proceedings.

Representing the MAIB’s interests were government lawyers, ensuring their stance was clearly presented and defended.

This dispute saw significant delays, with the inquest into Gardener’s death yet to commence even nearly four years post the tragic event. The delays, whilst procedural, have had a palpable impact on the grieving family of Joshua, leaving them in search of closure.

The Fire & Rescue Service subsequently sought a judicial review of the Coroner’s decision, based on seven grounds. This brought to light several pressing issues:

  1. Report Presentation in Inquest: A significant contention revolved around how the MAIB report should be presented before the jury. The Fire & Rescue Service challenged that fairness requires them to question criticisms in the report and to give evidence in response.
  2. Fresh Investigation Consideration: The Fire & Rescue Service claimed the Coroner misapplied the criteria to determine if a fresh investigation was necessary rather than relying on the MAIB report.
  3. Misunderstanding of Applicable Law: The Fire & Rescue Service alleges that the Coroner misunderstood regulatory standards, leading to a flawed perspective on the MAIB’s investigation and report.
  4. Engagement with Submissions: The Fire & Rescue Service believed the Coroner misunderstood its submissions and failed to engage with them adequately in the Ruling. This, they argued, resulted in an incomplete and potentially skewed analysis of their challenge.

Mr Justice Eyre, after a comprehensive review of the presented facts and arguments, dismissed the application brought forth by the Mid and West Wales Fire & Rescue Service in July 2023. The judge’s decision was rooted in procedural rigour, clarity over jurisdictional matters, and understanding the scope and purpose of the inquest.

As Pembrokeshire watches on, this case serves as a sombre reminder of the tragic events of 2019, and the ongoing journey to justice and closure for the family of Joshua Gardener as they await the final inquest nearly four years later.

Josh’s funeral in Milford Haven

 

Local Government

Council approves 4.9% tax rise in Carmarthenshire budget

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CARMARTHENSHIRE County Council has approved its revenue budget for the 2026–27 financial year, including a council tax rise of 4.9% and spending reductions totalling £8.7m.

The increase is lower than the 6.5% originally proposed after a period of public consultation with residents, schools, businesses and other stakeholders across the county.

The reduction was made possible following a £5m saving in employer contributions to the Dyfed Pension Fund and additional funding from the Welsh Government.

Council tax accounts for around 17% of the authority’s income, while approximately 70% of the council’s net budget comes from Welsh Government funding.

Additional funding of nearly £6.5m was allocated to Carmarthenshire as part of an extra £300m released in the Welsh Government’s budget for health and local government.

According to the council, the funding has improved its financial position by almost £3m and removed a previously projected £3.5m budget shortfall.

The authority said more than 1,200 people took part in the consultation process, including residents, school staff, town and community councils, trade unions, scrutiny committees and young people.

As a result of the consultation and the improved financial position, the council said the final budget includes amendments worth £850,000 and reverses some previously proposed cuts.

Among the changes are the removal of £160,000 of planned reductions to highways spending and a decision to halve the proposed increase in school meal charges.

Plans to close the Pendine Outdoor Education Centre in the 2027–28 financial year have also been withdrawn to allow time for further feasibility work.

Proposed savings affecting the Families Together Team have also been removed from the budget.

The council says the final budget will also include additional investment in property maintenance, the modernising education team and further support for Welsh language provision in education, as well as extra funding for highways.

Cllr Alun Lenny, the council’s cabinet member for resources, said the final budget had been shaped by feedback from the consultation.

He said: “The budget strategy approved by full council responds to the valuable feedback raised as part of the public consultation process and ensures, as far as possible, that service levels and standards are maintained.”

The council said the final package attempts to balance maintaining essential services with the financial pressures facing local government.

 

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Health

Future hospital proposal raised as debate continues over west Wales services

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A MAJOR new hospital development in West Wales has been put forward as part of Welsh Labour’s proposed £4 billion “Hospitals for the Future Fund”, with Senedd Member for Mid and West Wales Eluned Morgan saying the region deserves “safe, sustainable hospital care for the future”.

Speaking at Welsh Labour’s campaign launch on Monday, Morgan said that if the party is returned to power at the Senedd election in May, the fund would be used to modernise ageing NHS buildings across Wales over the next decade, with West Wales expected to form a key part of those plans.

The announcement comes amid strong public concern about the future of services at Withybush Hospital in Haverfordwest. A petition calling for certainty over local hospital provision has attracted thousands of signatures, reflecting widespread anxiety about potential changes to healthcare services in Pembrokeshire and surrounding areas.

Morgan acknowledged the strength of feeling locally, saying she understood why many residents were worried.

“I know how much Withybush means to people. I’ve had the conversations. I’ve looked people in the eye who are worried about what the future holds for their local hospital,” she said.

“And I want to be honest with people – this isn’t simple. If it was, it would have been solved years ago.”

She said the challenges facing hospital services in West Wales go beyond the condition of existing buildings and include difficulties recruiting and retaining enough specialist staff to ensure safe care.

“Buildings matter. But what really matters is whether you can staff services safely,” Morgan said.

“Patient safety and timely care must always come first – not politics, not headlines. No other party has offered any realistic alternative which is deliverable, which is why I hope people in West Wales will endorse this new hospital.”

Morgan said she would like Hywel Dda University Health Board to revisit options for a realistic hospital proposal in light of the new funding commitment.

“In light of this new commitment, I would like the health board to look again at a realistic hospital proposal that delivers safe, sustainable services for the future,” she said.

“For too long, people in West Wales have heard talk of a new hospital without seeing it become reality. Plans were drawn up in the past, but after years of Tory cuts, especially to the capital budget, the funding simply wasn’t there to deliver them. That’s the truth.”

She argued that the situation may now have changed following the election of a UK Labour government.

“Today, we are in a different place. After 14 years of austerity, we are now working with a UK Labour Government that understands Wales and is prepared to invest in our public services,” she said.

“Real investment is now possible if Welsh Labour leads the next Welsh Government. This is about securing the future – modern facilities, safer care and services designed around patients and staff.”

Morgan also warned against relying solely on older hospital buildings if staffing levels cannot be maintained safely.

“What I won’t do is pretend that patching up buildings from another era is a long-term solution if we can’t staff them safely,” she said.

The proposed Hospitals for the Future Fund would form a central part of Welsh Labour’s long-term NHS strategy, aiming to combine infrastructure investment with workforce planning and clinical safety.

However, debate over the future of hospital services in West Wales is likely to continue. Campaigners in Pembrokeshire have repeatedly called for key services to remain at Withybush Hospital, arguing that long travel times to other hospitals could pose risks for patients in rural communities.

Hywel Dda University Health Board has previously explored options for reorganising services across the region, including proposals for a new hospital to serve multiple counties. No final decision has yet been taken.

With the Senedd election approaching, the future of hospital provision in West Wales is expected to remain a major political issue.

 

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Crime

Police bail teenager after Ysgol Maesydderwen threat investigation

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A 17-YEAR-OLD boy arrested following threats made against Ysgol Maesydderwen in Ystradgynlais has been released on bail while police continue their enquiries.

Dyfed-Powys Police confirmed that the teenager, from Pontardawe, had been arrested on suspicion of sending digital communications conveying threats of death or serious harm with the intention of causing fear.

The west Wales arrest followed an incident which caused concern among pupils, parents, and staff at the secondary school.

Police have now confirmed the boy has been bailed pending further enquiries.

Powys Superintendent Gareth Grant thanked the community for their patience during the investigation.

He said: “I’d firstly like to thank the parents, teachers, staff and the wider community for the support and patience you have shown whilst we have carried out our enquiries in relation to this incident.

“I understand this will have had a profound impact. Our Neighbourhood officers will maintain a local presence for reassurance, and we will continue to work with our local secondary schools and partners to ensure our local community are supported.”

Dyfed-Powys Police say enquiries into the incident remain ongoing.

 

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