Family of burglar Thomas Buckett who fell through skylight fail in bid to sue council

Defeat: Thomas Buckett, 21, faces a huge legal bill after unsuccessfully suing Staffordshire County Council

Defeat: Thomas Buckett, 21, faces a huge legal bill after unsuccessfully suing Staffordshire County Council

Injuries: Mr Buckett had to undergo invasive surgery when he fell through the roof of a school after breaking in to the tuck shop and stealing food and drink

Injuries: Mr Buckett had to undergo invasive surgery when he fell through the roof of a school after breaking in to the tuck shop and stealing food and drink

It was originally claimed that Thomas climbed on the roof of Clayton Hall Business and Language College in Newcastle-under-Lyme to fetch a football.

But the court heard that a police officer who investigated the break-in wrote an email of support to the council, stating that he had made the family aware ‘this incident was the fault of Thomas and his friends messing around’. 

PC David Stubbs added: ‘I have made the family aware that if any claims are made against the school my report will show the school is not at fault.’ 

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Judge Peter Main told Telford County Court: ‘There were few measures, reasonably achievable within the likely school budget, [which] it could have taken to prevent all acts of trespass outside school hours.’

He acknowledged that the school should have risk-assessed the likelihood of youths gaining access to the flat roof.

However, he ordered the Buckett family to pay the council an interim payment of £150,000 in costs by May 4, a figure which could climb as high as £260,000 after further assessment. 

School: The bungled break-in took place at Clayton Hall Business and Language College in Stoke-on-Trent

School: The bungled break-in took place at Clayton Hall Business and Language College in Stoke-on-Trent

Happier times: Thomas Buckett with mum Mandy. The family faces financial ruin after they were left with a £150,00 legal bill after failing to sue the council

Happier times: Thomas Buckett with mum Mandy. The family faces financial ruin after they were left with a £150,00 legal bill after failing to sue the council

Teenager: Mr Buckett, who was 16 at the time, is pictured left in his school uniform and right while he was recovering in hospital Thomas Buckett pictured recovering in hospital

Teenager: Mr Buckett, who was 16 at the time, is pictured left in his school uniform and right while he was recovering in hospital

TaxPayers’ Alliance spokesman Jonathan Isaby welcomed the court’s ruling, saying: ‘It’s good to know that despite our ever-creeping compensation culture it is still possible for vexatious cases like these to be thrown out.’

Thomas spent two weeks in a coma following the fall and suffered ten skull fractures. Doctors removed half his skull and repaired it ‘like a jigsaw’ in a revolutionary procedure involving specialists from Italy.

He lives with his mother, 48, who is now his full-time carer, father Andrew, 50, a supervisor for a maintenance firm, and older brother in Newcastle-under-Lyme.

Mrs Buckett said her son had suffered life-changing brain injuries, although she declined to elaborate on the extent of his recovery yesterday.

However, Thomas, who is now 21, was listed as a ‘protected person’ on court paperwork, a term used to describe somebody who lacks capacity to conduct proceedings for themselves.

His mother was listed as his ‘litigation friend’, somebody with the power to make decisions about the case on behalf of the protected person. Mrs Buckett said the family had funded both the legal action and her son’s care.

Asked if she may have to sell the family’s bungalow to pay the council’s costs, she said: ‘I don’t know what’s going to happen yet. I need to speak to my solicitor.’ She declined to comment further.

Scar shows where Mr Buckett underwent pioneering skull surgery Scar shows where Mr Buckett underwent pioneering skull surgery

Recovery: Mr Buckett had to undergo a pioneering procedure which allowed him to walk and talk again

Fan: Mr Buckett as a teenager posing with former Stoke City manager Tony Pulis

Fan: Mr Buckett as a teenager posing with former Stoke City manager Tony Pulis

The family sued the council under the Occupiers Liability Act 1984, which covers the duty of care owed by a landowner or occupier of premises to persons on site ‘other than their visitors’, who suffered injury as a result of the ‘state of the premises’.

Lawyers argued the council had ignored a long-term problem of trespassing at the site during weekends and holidays. Judge Mann acknowledged that Thomas had been ‘very seriously injured as a consequence’ of his actions, but said he had to be guided by evidence, not sentiment.

Staffordshire Police said two other teenagers were cautioned for burglary and criminal damage in connection with the college break-in, but no other charges were brought.

The county council defended its decision to pursue the legal challenge to court. Chief executive John Tradewell said that defending the case was ‘about fairness to the taxpayer’.

He added: ‘The county council will continue to help Thomas access the care and support he needs to live as fulfilling a life as possible.’

The Bucketts’ lawyers did not return calls for a comment.

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