Clair York’s husband Brian Was Exposed To Asbestos At Imberhorne School in East Grinstead Where He’s Worked For Almost 30 Years

The widow of a PE Teacher who died from asbestos-related cancer is calling for a national ‘at risk’ register for schools where the substance is present.

Clair York’s husband Brian, 63, was exposed to asbestos during his 29-year career at Imberhorne School in East Grinstead, West Sussex, but it was not until 13 years after he left teaching that he was diagnosed with mesothelioma, a cancer of the lining of the lungs.

Before his death on December 9, 2015, Brian instructed expert asbestos-related disease lawyers at Irwin Mitchell to investigate how he became exposed to deadly asbestos fibres during his teaching years and in 2016 the firm secured an admission of liability from West Sussex County Council.

Asbestos was used in the construction and insulation of public buildings such as schools, and hospitals for decades due to its fire retardant properties, and was a component in a wide range of products including cement, sealants, pipe and boiler insulating material, corrugated roofing, ceiling tiles, wall tiles and wall insulation.

But as the substance deteriorates and falls into disrepair it can pose a danger to the health of those who come into contact with the dust and fibres.

When asbestos dust or fibres become airborne and are breathed in, it can cause a number of serious diseases including mesothelioma - an aggressive and incurable form of lung cancer, other lung cancers and asbestosis - a serious scarring condition of the lungs.

According to a report from the all-party parliamentary group on occupational health and safety, published in 2015, almost all the 14,000 schools built between 1945 and 1975 contain the material along with many refurbished during those three decades.

Irwin Mitchell has represented clients who, like Brian, contracted asbestos-related diseases while working as teachers, shop assistants during periods of building renovation and tradesmen – such as electricians, plumbers and carpenters. Those suffering from asbestos-related disease are sometimes diagnosed decades after exposure.

Now Clair, from Uckfield, Sussex, is joining Irwin Mitchell to call for a risk register of all schools where asbestos is present in order to safely manage building maintenance and asbestos removal.

The plea to Government comes on Action Mesothelioma Day (July 7), a day to raise awareness of the disease and to remember those affected by it.

She said: “This isn’t about scaremongering and no one is saying that all teachers and children are in grave danger. But it is about taking a pragmatic approach to what we now know to be a dangerous substance which when damaged or disturbed can seriously harm those unfortunate enough to be exposed to it.

“Schools especially take a lot of battering over the years and buildings fall in to disrepair, as Brian’s had. A publicly available register of all schools where asbestos in present is not only important for informing and reassuring those who frequent the buildings, but forms a basis for a programme of regular inspections and, if necessarily, safe removal.”

Brian, who worked at Imberhorne School from 1973 to 2002, recalled that the school PE equipment was stored in a cupboard which contained pipework insulated using asbestos and that part of his role saw him oversee the maintenance of the school swimming pool. This was heated and the boiler was again insulated with asbestos lagging.

In the wake of his sudden and unexpected death, Irwin Mitchell launched a search for Brian’s colleagues on behalf of his family, who were desperate for witnesses to corroborate the evidence provided by Brian during his lifetime.

Several witnesses came forward and confirmed that the sports storeroom, under-stage storage and swimming pool pump room at the school contained asbestos-lagged pipes. Damage was also caused to asbestos ceiling tiles which were struck repeatedly by balls during lessons.

The school also had pre-fabricated huts on site. These contained storage heaters which sat on, and were lined with, asbestos.

Expert Opinion

"We have repeatedly called upon Government to introduce a full risk register to document the presence of asbestos in public buildings including schools, and for that the register to be maintained through a programme of regular and robust inspections.

“Transparency and clarity are essential here and we feel that those who work at or visit sites where asbestos is present, such as schools and hospitals, should also be informed of the fact.

“Asbestos exposure is often linked to industrial environments or trade professions, but we are seeing more and more cases where people have been exposed within schools years before diagnosis. This is an issue which requires urgent attention and it is vital that Government takes steps on the matter.

“Local Authorities and Councils need to come clean about the extent of their asbestos history and make provisions for its removal.

“Cases such as Brian’s show that schools need a clear plan of action as well as the funding necessary to ensure that asbestos is removed properly and safely to protect staff, teachers and, of course, pupils.” Natalia Rushworth-White - Associate Solicitor

Irwin Mitchell wrote to West Sussex County Council which was responsible for the running of Imberhorne School, on behalf of Brian’s family and is now working towards a settlement for Clair and she has pledged to continue raising awareness of the dangers of asbestos exposure into the future.

As part of the case, Irwin Mitchell is also claiming £12,000 for St Wilfrid’s Hospice in Eastbourne to cover Brian’s care costs.

Clair added: “Brian devoted his life to teaching and specifically the children at Imberhorne, something that was reflected by his popularity among pupils past and present.

“Nothing will bring him back to our family, but to have Government commit to creating a central register of schools affected by asbestos would be a legacy he would be hugely proud of.”

Read more about the work of Irwin Mitchell's Asbestos Related Disease Team