Vardo Restaurant, located in Duke of York Square off the King's Road in Chelsea, has been fined £75,705 after a three-year-old child's foot was trapped and crushed in a descending glass window. The incident occurred in January 2022 while the child was eating lunch with their family. The injuries required multiple operations and the child now faces potential long-term complications, including chronic pain, impaired mobility, and growth-related issues requiring ongoing monitoring.
Investigation Findings
The Health and Safety investigation found that the company failed to properly assess the risks from the windows or put suitable safety measures in place. On the day of the incident, the window had been lowered by around 20cm to create a gap at the top for ventilation, which also created a gap between the window and the floor. A safety mechanism had not been engaged, and the manager had instructed an unauthorised and untrained member of staff to close the window. The key had been left in the mechanism, causing the child's foot to be trapped when the staff member shut the window.
Court Sentencing
The premises was newly constructed in 2019, and the descending windows were said to be the first of this type to be fitted in the UK. Vardo was sentenced at Westminster Magistrates' Court on Wednesday, August 12, after breaching Section 3 of the Health and Safety at Work Act 1974. The company was fined £50,000, plus a £2,000 victim surcharge and £23,705 towards the Council's costs.
Council Response
Cllr Johnny Thalassites, lead member for resident services, planning, and enforcement, said: “The vast majority of businesses in our borough work hard to provide a safe environment for their customers. This case shows what can happen when those standards are not met. We want everyone to feel confident and protected when visiting Kensington and Chelsea. Our officers are working closely with businesses to remind them of their responsibilities and will act against those who put members of public at risk.”
