A COUNTY council has denied breaching health and safety laws after a North Yorkshire teenager drowned on a school caving trip.

Tadcaster Grammar School pupil Joe Lister died after he became separated from the rest of a group of pupils during an outing to the Yorkshire Dales more than three years ago.

As his terrified classmates fled from rising water levels caused by floods in a cave known as Manchester Hole in Upper Nidderdale, the 14-year-old from Steeton was split up from them as they scrambled for safety through a narrow fossil chamber called The Crawl and could not escape.

Joe was one of 11 pupils who were visiting the cave on November 14, 2005, during a week-long trip to Bewerley Park Outdoor Education Centre, which is owned and operated by North Yorkshire County Council.

Following an inquest into his death in November 2007, the Health and Safety Executive (HSE) – which carried out a lengthy joint investigation into the tragedy with police – confirmed shortly before Christmas that it had decided to prosecute the council under the Health and Safety at Work Act 1974.

The charges allege the authority failed to ensure the safety at work of its employees, including the Tadcaster Grammar School teacher who accompanied the school group, and failed to ensure the safety of persons not in the council’s employment – namely the pupils who entered Manchester Hole, including Joe.

At a hearing held at Harrogate Magistrates’ Court yesterday, Stephen Graham, representing the council, indicated a not guilty plea to the allegations and said he agreed with representations from the HSE that the case should be transferred to York Crown Court.

Mike Elliker, representing the HSE, told the court that although Manchester Hole was a “novice cave”, flooding was known to be a risk and the group Joe was part of had been evacuated by an instructor assigned to their party when he noticed the water rising as they inspected the cave.

He said the interviews given by pupils about their escape were “harrowing” and referred to them having to submerge themselves to get out, after which it was noticed Joe was missing. His body was later found by the Cave Rescue Service.

The case would now appear before a judge at York Crown Court on April 6.