MoD sanctioned by HSE over death of Sergeant John McKelvie

Staff Sergeant John McKelvie was killed after the Jackal vehicle he was driving rolled multiple times down a steep hill at Catterick Training Area on January 29, 2019.

At the time of the incident, the 51-year-old from Ayr in Scotland had been taking part in Jackal driver training with five other Army reservists - with the training including off-road aspect and steep inclines on land known as ‘The Land of Nod’.

The family of Staff Sergeant McKelvie (Image: NORTHERN ECHO) During the training exercise, the Jackal lost traction and rolled backwards, throwing one of the course leaders from the vehicle, while Staff Sergeant McKelvie remained in the vehicle suffering serious injuries as it rolled.

John’s sister Jacqueline Welsh, provided a statement on behalf of the family, which said: “John was a very outgoing person who loved spending time with his family.

“He was always there for you whenever you needed him.

The jackal vehicle like the one that was involved in the accident (Image: NORTHERN ECHO) “He loved his motorbike, and he loved sport and the outdoors. He was full of action!”

An investigation by the HSE identified that the training course involved hazardous activities, which gave rise to the potential for the vehicle to roll.

This meant those taking part in the training were exposed to risk, while the HSE also found that other steps should have been taken to control the dangers of driving the vehicles, however, these were not undertaken.

It also found a failure in oversight, meaning the course programme devised progressed too quickly and prevented trainees from developing the necessary expertise and skills before attempting more challenging obstacles on the off-road element of the course.

Staff Sergeant McKelvie (Image: FAMILY) The risk assessments were not suitable and sufficient, and despite numerous previous ‘rollover events’, the Army failed to foresee what could go wrong.

The investigation also found that standing orders and directions had not been properly followed.

HSE inspector Mark Slater said: “All training, including that which is required to be as realistic as possible, should be planned, risk assessed and executed in such a manner that it does not endanger those who are involved.

Sergeant John McKelvie (Image: FAMILY) “Had the systems implemented by the Army been more robust, Sergeant McKelvie would probably still be alive today.”

Alongside the HSE investigation, a five-day inquest into Staff Sergeant McKelvie's death was held in June this year, which recorded a narrative verdict at the end of the inquest, with the jury citing lack of supervision, lack of chain of command, and a lack of understanding and enforcement as factors into the soldier's death. 

Throughout the inquest, there were "admitted failings" by the army when it came to training and safety procedures - which noted "systematic failure" within the army and lack of "reporting culture that could have stopped this incident". 

Staff Sergeant John McKelvie and sisters Jacqueline Welsh (left) and Cheryl Scott (right). (Image: FAMILY) Following the inquest, the family of Sgt McKelvie said they were "satisfied" that the "failings of the Ministry of Defence had been exposed". 

But were left angered that the issues picked up in the inquest weren't acted upon previously; a decision that could have saved their loved one's life. 

Following HSE's issuing of a Crown Censure, the MoD says that it accepts the decision, while a top MoD boss admitted "We failed John and I am so sorry".

General Sir Roly Walker KCB DSO ADC Gen, Chief of the General Staff at the MoD, said: "I apologise unreservedly for failing to maintain the safety standards rightly expected of the British Army. Staff Sergeant John McKelvie died because we didn’t do enough to protect him from the risk of death.

"The condolences I offer to John’s family and friends are heartfelt for a soldier lost that didn’t need to be lost in this way.

“We failed John and I am so sorry. We are committed to learning and adapting, so this never happens to another family, another regiment, or another group of friends. I realise that I must also restore the confidence of others in the safety and supervision of high-risk training.

“I would like to express my appreciation to the Health and Safety Executive for the thoroughness of the investigation. This scrutiny and the identification of our failings in this process and the Service Inquiry and Inquest ensures real change.

“The men and women who bravely commit to defending our country deserve the highest safety standards during their training and we will continue to strive to ensure that the lessons learned from John’s death help to make others safer now and in the future.”