HEALTH and safety officials have announced they will not be pursuing further prosecutions over the tragic death of Fylde schoolboy - Max Palmer.

The decision - announced on Thursday, July 15 - follows a two-year Health & Safety Executive (HSE) investigation into the drowning of 10-year-old Max at Glenridding Beck, Cumbria, on May 26, 2002.

Max - a pupil at Shakespeare Primary School, Fleetwood - had been attending an organised field trip at the Lake Ullswater site with 14 Fleetwood High School pupils when he was swept away by swelling tides.

His mother, Patricia - a support assistant at the school - and two other members of staff dived in to save him but were overcome by the icy conditions.

A earlier joint investigation by police and HSE led to the prosecution of Geography teacher and excursion leader - Paul Ellis, 42.

The father-of-three was jailed for 12 months after pleading guilty to manslaughter and a health and safety offence at Minshull Street Crown Court, Manchester, on September 23, last year.

The latest investigation - conducted solely by the HSE - aimed to look whether both Lancashire County Council (LCC) and Fleetwood High School could have done anything to avoid the tragedy.

It not only concluded that there were no failures, either by the authority or the school, which contributed to Max's death.

But that many of LCC corporate and health and safety procedures were "basically sound" and contained no "serious weaknesses".

HSE's North West Head of Operations, Janet Wilson said: "Our decision not to prosecute has been based solely on the facts of this particular case.

"We could have come to a different decision if we found that LCC's health and safety systems had serious weaknesses.

"We cannot prosecute just because something goes wrong.

"If there is sufficient evidence and other tests are met, we prosecute those who do not manage health and safety effectively.

"Where there has been a death, we look particularly carefully at the possibility of prosecution, as we have in this case.

"Despite the terrible events in Glenridding Beck, HSE believe that school trips are an effective way of developing children's physical and personal skills.

"We must learn the lessons, not destroy the opportunities.

"It would be a further tragedy if children were denied such educational opportunities because teachers are scared of making a mistake.

"People who act professionally and conscientiously don't need to fear the law."

LCC leader, Cllr Hazel Harding said: "We have always considered as paramount the safety of children who attend schools in the county.

"LCC has worked closely with the HSE during the investigation and has co-operated fully.

"We continuously update our health and safety procedures and have taken note of HSE's comments.

"We will continue to work with HSE and assist them in disseminating lessons learnt and again offer our sincere sympathy and condolences to the parents of Max Palmer."

Headteacher at Fleetwood High, Margaret Dudley said: "This is a situation which greatly affected the pupils and teachers of Fleetwood High.

"Our condolences go to the parents of Max Palmer during a very upsetting and difficult time for them.