This throws up a few questions.
The panel had been damaged for about 14 days. Why did no one report it? It was "a place where people frequently went to smoke" after all.
And why didn't he notice it?
I have a few regular jobs & part of my remit (from the client) is to walk the site & look for stuff that needs doing.
As the judge says, why didn't he board the gap up? Or close down the whole area? Or even cover the gap with warning tape?
And the greatest tragedy is that the parents didn't notice it. They must be going through hell.