A COUNCIL and a headmaster face criminal prosecution over the death of a disabled girl during a swimming lesson.

The hearing of the case took place at Blackpool Magistrates Court today.

The defendants Steven Weaver who as Chief Executive is nominal head of Blackpool Borough Council and Keith Berry head of Park School, Whitegate Drive, Blackpool were not present in court.

They are each accused of an offence under the 1974 Health and Safety at Work. They are alleged to have breached their duty of care between August 31 2000 and November 14 2001. They are summoned with failing to take reasonable care of the pupils at Park School, who may be exposed to the risk of drowning from the use of the swimming pool at The Woodlands School -- including pupil Emma Jane Farrar.

Emma Jane was a pupil at Park School, which is a school for children with special needs.

She died during a swimming lesson at The Woodlands School, Blackpool in November, 2001.

Her swimming teacher Pauline Mills is awaiting Crown Court trial on a charge of manslaughter.

Today, prosecutor Duncan Birrell confirmed the defence had received the committal papers and documentation exhibits only on Thursday last week. Mr Birrell said: "I understand the defence would like time to consider those papers and their position."

Paul Schofield, for Mr Berry requested a four week adjournment. Mr Schofield asked the judge to bear in mind the "Inordinate delay" in bringing the proceedings.

He added: "Mr Berry, surely after all this time, has a right to ask this court to consider whether it is better for the Health and Safety prosecution and his interests to be treated by this court."

"If you exercise your power to send this case to Crown Court Mr Berry will be denied his choice to argue that the matter should be heard at this court." Steve Hackett, for the council, also asked for a four week adjournment of the case to review what he described as "a mass of documentation."

District Judge Paul Firth turned down the defence request for an adjournment. He sent the case to Crown Court for hearing on March 1. He said that Crown Court was the appropriate venue for the case. He said he was aware a third defendant to the Health and Safety offence Pauline Mills, who also faces a manslaughter charge, was already awaiting trial at Crown Court.

The judge said: "I take the view that all the courts whether it be this court or the Crown should take all reasonable steps to avoid any future unnecessary delay.