Vardo Restaurant fined £75,705 after child’s foot crushed in window

A three-year-old child suffered severe injuries after their foot was crushed in a descending glass window at Vardo Restaurant in Duke of York Square, Chelsea, in January 2022. The incident occurred while the child was eating lunch with their family. The restaurant was fined £75,705 at Westminster Magistrates’ Court on 12 August for breaching Section 3 of the Health and Safety at Work Act 1974.

How the incident happened

The window had been lowered by approximately 20 centimetres to create ventilation, leaving a gap between the glass and the floor. A safety mechanism, which should have prevented the window from closing, was not engaged. The investigation revealed that a manager instructed an unauthorised and untrained staff member to close the window. The key to the mechanism was left in place, allowing the window to trap the child’s foot when it was shut.

Vardo Restaurant, which opened in 2019, installed descending windows described as the first of their kind in the UK. The Health and Safety Executive (HSE) found that the restaurant had failed to properly assess the risks associated with the windows or implement adequate safety measures. The child’s injuries required multiple operations, and medical professionals have warned of potential long-term complications, including chronic pain and impaired mobility.

Council response and enforcement

Kensington and Chelsea Council said the fine reflects the seriousness of the breach. Cllr Johnny Thalassites, the council’s lead member for resident services, planning, and enforcement, said the incident demonstrated the consequences of failing to meet safety standards. He added that the council works with businesses to ensure compliance but will take action against those who put the public at risk.

The council’s costs of £23,705 were awarded to cover the investigation and legal proceedings. The victim surcharge of £2,000 is a mandatory payment imposed on offenders to fund victim services. The £50,000 fine represents the penalty for the health and safety breach.

What happens next

Vardo Restaurant must pay the fine within 28 days of the court’s ruling. The council said it will continue to monitor businesses in Kensington and Chelsea to ensure compliance with health and safety regulations. Residents who observe potential safety hazards in local premises can report them to the council’s enforcement team.