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Drownings

Drowning Tragedies and Findings - Are the lessons being learned other than at the pool involved?

Please note - none of  the drownings mentioned on this page involved Leisure Connection.

Between 1993 and 2003, an average of six people a year drowned  in public swimming pool. The National Water Safety Council recognises that, at least for all types of drownings, children are particularly at risk. http://www.nationalwatersafety.org.uk/swimmingpoolsafety/facts.htm

(IThe slides were prepared by a member of Walker Morris, the legal firm that LC used in an attempt to close down LCW. Walker Morrisa claims expertise through "... representing Leisure Connection at a public inquiry and acting in relation to its 15 year agreement with Hackney BC to run the ill-fated Clissold Leisure Centre, which closed months after opening ." PB)
 

13 July 2007 HSE issues pool safety advice following double drowning case http://www.hse.gov.uk/press/2007/e07026.htm

The Health and Safety Executive (HSE) is advising organisers of youth activities and swimming pool operators to review their procedures to ensure the safety of participants at swimming events during the forthcoming school holidays. The advice comes after a prosecution of the London Borough of Barnet and the Office of the Commissioner of Police for the Metropolis for breaches of health and safety law.

The case followed HSE’s investigation into the deaths of 15-year-old William Kadama and 14-year-old Gameli Akuklu, who drowned in the swimming pool at the Metropolitan Police Training College, Hendon, North London, in July 2002. The boys were participating in a summer play scheme that involved a swimming activity at the Police College. HSE’s investigation into their deaths uncovered serious deficiencies in the operation of the swimming pool by the Metropolitan Police Service, and poor control of the summer play scheme by the London Borough of Barnet.

At a hearing today before the Central Criminal Court, the Office of the Commissioner of Police for the Metropolis was fined £75,000 plus £50,000 prosecution costs and the London Borough of Barnet was fined £16,500 plus £10,000 costs.

Speaking after the hearing, Ron Wright, HSE Principal Inspector, said: "Health and safety isn’t about stopping fun activities, such as those organised for young people. However this case illustrates the tragic results when the safety of swimmers is not properly considered.

"Pool operators need to make sure that there are enough lifeguards for the size of the pool and the activities taking place. Play scheme organisers need to establish the swimming ability of the children involved and the suitability of the activity and pool."

Ron Wright continued: "As this case concerned a summer holiday play scheme we hope that, as the school holidays are about to start, it will send a clear message to all organisers of youth activities and swimming pool operators to review their procedures, so that tragedies such as this can be avoided in the future."

Both defendants had pleaded guilty to a charge of breaching Section 3(1) of the Health and Safety at Work Act etc. 1974 (the HSW Act). Both acknowledged that their procedures were deficient and that their failures led to the two boys, and other children involved, being put at risk. A similar charge against the Metropolitan Police Authority (MPA) was not pursued.

From Recreation - Institute of Sport & Recreation Mangement   January / February 2004   Pool Assessment - ISRM Pool Safety Award  
by  Peter Mills FInstSRM (HONS) http://www.isrm.co.uk/recreation/REJan04_34.pdf

Areas for improvement

There are a number of areas for improvement, which have cropped up on more than one occasion in the past year. Lifeguard vigilance – One disturbing trend from some of the pools participating in the Pool Safety Award, and other mystery visitor programmes, is the incidence of increasing examples of an apparent lack of lifeguard vigilance. While many pools demonstrate, on the whole, a
vigilant approach by lifeguards, the perception with some pools is that some lifeguards do not appreciate the importance of the role. On a number of occasions lifeguards have been observed standing together for up to an hour chatting poolside. We have also seen one incident of a lifeguard asleep in the high chair and horseplay by lifeguards, including the apparent re-enactment of the previous Saturday’s Match of the Day without a ball! There appears to be an issue with behaviour of some lifeguards when managers are not on site.

 29/05/2007  Jury Returns Verdict into Tragic Drowning of Walsall Man  http://www.irwinmitchell.com/PressOffice/PressReleases/Drowning-Inquest.htm 

A jury returned its narrative verdict today in the inquest into the death of Adrian Miles, a former army officer who died tragically after drowning in the University of Wolverhampton’s Walsall campus swimming pool on 27 July, 2006.

Adrian Miles, who was 48 when he died, had already made a remarkable recovery from an injury which had left him paralysed in 2005. Mr Miles was taking part in a charity rugby match when a tragic accident left him paralysed from the neck down. He went from having no feeling or movement in his limbs, to being able to walk with a single crutch, swim 30 lengths and drive a car. Medical staff were astounded at the extent of his recovery. Mr Miles, from Walsall, took up swimming after the accident as a therapeutic exercise and had gone to swim at the University of Wolverhampton’s Walsall swimming pool which he had been using regularly for 2 months.

Two lifeguards who were working at the time declined to give evidence at the inquest but a number of witnesses who were using the pool at the time stated that the lifeguards only became aware that Mr Miles was at the bottom of the pool when fellow swimmers raised the alarm. In a narrative verdict responding to questions set by the Coroner the Jury were highly critical of the management and supervision of the swimming pool in which Mr Miles drowned.

Adrian’s wife Ann Miles said: “Knowing what happened will never bring my husband back, but it is important that those involved understand what went wrong and why Adrian died.”

“The way in which my husband lived his life following the rugby accident was an inspiration not only to me and his family but to everyone who knew him. He fought so hard, despite many set backs, to do everything he could to aid his recovery. We are all totally devastated by his loss and the way in which he has been badly let down by the University of Wolverhampton and its staff who we consider owed him a duty of care. We are pleased with the Jury's verdict and hope that this will help to prevent such a tragedy occurring in the future.”

Sarah Mullen a solicitor at law firm Irwin Mitchell who represents Mrs Miles said:

“What happened to Mr Miles was an absolute tragedy. The inquest was an emotional experience for Mrs Miles and her whole family as this has been their first opportunity to hear about and understand the reasons why Adrian came to drown in a supervised public swimming pool.”

Ms Mullen continued “We believe the evidence heard at the inquest supports our view that the lifeguards should have seen that Mr Miles was in difficulty and had they done so we believe that he would then have been rescued and his life saved.”

“The inquest has revealed major flaws in the organisation, management and supervision of the swimming pool and the pool staff. I would invite all those responsible for public swimming pools to review their systems to ensure that this tragedy is not repeated.”

15 October, 2003    Lifeguard fined over drowning  http://news.bbc.co.uk/1/low/england/south_yorkshire/3194812.stm

Jonathan Enderby, 22, admitted breaching health and safety regulations at Herringthorpe Leisure Centre where Jason Bibby drowned in March 2001.
Non-swimmer Jason died after diving into the deep end of the pool.

Enderby was fined £500 at Rotherham magistrates' court while his employer, Rotherham Council, was fined £5,000 with more than £6,000 costs.
The case was brought by the Health and Safety Executive.

Despite the fines, Deputy District Judge Carl Teper said it was clear neither party could be held responsible for Jason's death.
But he added that the tragedy highlighted deficiencies in the design of the pool and the number of lifeguards on duty.

Jason's parents were too distressed to attend the hearing but are now considering civil action.
In February this year, coroner Stanley Hooper criticised the conditions and design of the swimming pool which had led to visibility black spots.
But he also concluded they did not ultimately contribute to the drowning and recorded a verdict of accidental death
Since Jason's death, £130,000 has been spent by the council on improving the pool design and employing more lifeguards.

WARNING SOUNDED TO LOCAL AUTHORITIES THAT UNDERFUND FACILITIES
 March 24, 2003 by Ahmed Khan    http://www.simplyworkwear.co.uk/newspro/arc2-2003.html
The inevitable happened when a local authority had insufficient money to properly run a facility.
A prosecution taken against Havering Council who pleaded guilty to breaching health and safety legislation in the circumstances of the death of Charlotte Subuhon, 6, who drowned at Chafford Sports Centre, Rainham, Essex, will act as a caution to other authorities that wish to provide and operate facilities but allocate insufficient funding to secure the health and safety of the public who use them.
Havering Council was fined £75,000 over the tragedy in which Charlotte lost her life - only two lifeguards and two adults supervised the pool holding more than 36 children on that day.
According to the HSE in the preceding years it had been managed on a 'haphazard and at worst chaotic basis'. Mr Anthony Morris QC said: "What is remarkable is that with up to four hundred children a week attending pool parties a tragic accident such as this had not occurred in the pool before."
COUNCIL AND LIFEGUARD FINED OVER DROWNING TRAGEDY
 January 31, 2004 by Ahmed Khan  http://www.simplyworkwear.co.uk/newspro/arc0-2004.html
Scarborough Borough Council has been fined £12,000 with £8,011 costs at the town's Magistrates' Court over the June 2000 death of John Rudderham, 16, after an incident at the Atlantis Water Park's outdoor pool. Despite being alerted repeatedly by children to the fact that John, an epilepsy sufferer, was lying on the bottom of the pool, lifeguard Jason Prosser did not immediately grasp that a swimmer was unconscious there. Another teenager retrieved John but he died later, never coming out of his coma.
Both the Council and its employee lifeguard, who was fined £500, had failed to meet duties under sections 3(1) and 7 of the Health and Safety at Work etc. Act 1974 respectively, both parties pleading guilty. One factor emerging from the investigation was that Mr Prosser lacked the training specific to the outdoor pool to permit him to be competent for the role he was being asked to perform at the pool. The Council has now instituted organisational and physical changes to make the environment safer for pool.
"Swimming in a swimming pool when qualified lifeguards are on duty is a very healthy and safe form of exercise. People who encounter difficulties while in the water are regularly spotted and assisted to safety. Very unfortunately each year a few people who get into difficulty, such as John Rudderham, may tragically drown, if they are not quickly spotted and rescued.
The court today has recognised that those involved in operating and working at a swimming pool are required to maintain high standards at all times and act quickly in any potential emergency situation. The margin of safety is only a matter of a few minutes before a person underwater can drown. Most commonly, as in this case, another pool-user is the first to note another swimmer in difficulties. Any lifeguard has a duty to act quickly on warnings from the public.
Pool operators also need to ensure that lifeguards can always clearly see any person below the water and, if there is any doubt, to respond rather than regret." - HSE Inspector, Paul Robinson who lead the investigation.

8 January  2002  http://news.bbc.co.uk/1/hi/scotland/1749010.stm   Pool death firm fined £10,000

The operators of a swimming pool have been fined £10,000 after admitting a series of safety lapses which led to the death of a four-year-old boy.
Thomas Brown, of Hilton, Inverness, drowned at Inverness Aquadome on 30 September 2000. At Inverness Sheriff Court on Tuesday, Caledonia Community Leisure admitted having inadequate lifeguard provision between February 1998 and the day Thomas died.

Imposing the fine, Sheriff David Mackie said that the supervision of the water feature where Thomas died had rested with a single lifeguard. "The hopeless inadequacy of such a system has sadly been highlighted by the tragic drowning of Thomas," he said.

"It is of no consolation to his family that health and safety issues were under review at the time."

The court heard that the four-year-old was taken to the Aquadome on a Saturday with his twin sister Shannon and other members of his family. It was the first visit to the pool for Thomas, who could not swim.

He disappeared from the children's pool and was spotted a short time later face down in a feature called the "Lazy River".

Depute fiscal Aileen Thom told the court: "This feature is considered the most dangerous in terms of the risk because it consists of a channel of water one metre deep which has an artificially created current which is quite strong." The efforts of pool staff and medics at the city's Raigmore Hospital failed to revive the boy.

Ms Thomas said Caledonia failed to operate a system to ensure unaccompanied children did not gain access to the Lazy River. She also told the court that the single lifeguard responsible for the feature could not adequately keep all swimmers under observation.

However, despite previous staff concern about the situation, nothing had been done to improve supervision at the pool.

Caledonia's lawyer Douglas Russell said major safety improvements had been carried out at the pool since the accident.

"I want to express to the family of Thomas the regret and sympathy of the directors, the chief executive, the management and staff of Caledonia," he said. "It is not a satisfactory or acceptable outcome for a small boy to be swimming and not come out alive. The company has acted in very significant ways to ensure that this can not happen again."

He said a health and safety review had been under way at the leisure complex before the accident, but had not been fully implemented.

"Aquadome is now one of the safest swimming facilities in the UK and the people of Inverness can be proud again to have a leisure facility of this type," he said.

Thomas' mother Vivienne Duff later issued a statement through her lawyer, Bobby McDonald. He said: "Miss Duff felt it was appropriate the company was prosecuted because it was a definite failure on their part. Her hope all along was that measures were implemented so the same tragedy does not happen to another family. She would like to thank the children who spotted Thomas and those who attempted to resuscitate him."

From the Northern Echo, 16 December 2003. http://archive.thisisthenortheast.co.uk/2003/12/16/67704.html 

THE family of a girl who drowned at a leisure centre two years ago watched yesterday as the council responsible for the swimming pool was fined £20,000.

Sedgefield Borough Council was ordered to pay the maximum fine after it admitted failing to ensure the public's safety on the day of the tragedy.

Magistrates heard that only one lifeguard was on duty on September 22, 2001, when Anne-Marie Readshaw, of Ferryhill, County Durham, died at Spennymoor Leisure Centre.

Health and Safety guidelines stated that at least two people should have been watching the pool.

After the case, Anne-Marie Readshaw's family vowed to press ahead with civil action against the council.

Grandmother Kath Conroy said: "We are pleased that the maximum fine had been imposed because it shows how seriously safety should be taken.

"Because of the investigation into Anne-Marie's death, the council now has new, improved safety procedures in place which is the one good thing to come out of all of this."

Parents Iain, 37, and Marie, 32, who have four other children, said nothing could make up for the loss of their 13-year-old daughter.

She was swimming with friends when one, Sarah Cornbill, noticed her lying motionless at the bottom of the pool. Sarah dragged her to the side of the pool but all efforts to revive the youngster failed.

Mrs Readshaw said: "Nothing can make us feel better, we still need answers about why no one was watching the pool and why a little girl was the one who tried to save Anne-Marie. Her friend was a hero that day, but she shouldn't have been the one trying to save her."

Mrs Conroy added: "We will go ahead with civil proceedings to try and get answers."

The council's chief executive Norman Vaulks, said: "We are talking to our legal advisors about the outcome of today's case and therefore it would be inopportune to comment at this stage."

Bishop Auckland magistrates also ordered the council to pay costs of £7,242.

Drowning: Blackpool to pay £130k  Hemming Information Services
15.11.04 http://www.localgov.co.uk/index.cfm?method=news.detail&ID=33191&&keywords=drown
 
Blackpool Council has been ordered to pay more than £120,000 for its part in the drowning of four-year-old Fylde schoolgirl, Emma Jane Farrar. Justice Douglas Brown also ordered the council, which pleaded guilty to offences under the Health and Safety Act, earlier this year, to pay £11,000 costs. He said that, despite introducing a pool safety policy in October 2001, the council had failed to ensure staff accompanying children to the pool were adequately trained and monitored. He also pointed out that the girl, Emma Jane Farrar, had moderate to severe learning difficulties, and like many young children, had ‘absolutely no sense of danger’.

Rotherham faces death prosecution   Hemming Information Services   http://www.localgov.co.uk/index.cfm?method=news.detail&ID=21391&&keywords=drown

Rotherham MBC is to be prosecuted by the health and safety executive after an eight-year-old boy drowned in a swimming pool at one of its leisure centres. An inquest jury brought a verdict of ‘accidental death’ but the HSE claims the council, and one of its lifeguards, failed to ensure the safety of people using the pool. A spokeswoman for Rotherham MBC said that although conditions at the pool did not cause the youngster’s death, the council recognised the need for improvements and these had been carried out as a matter of urgency following the boy’s death in March 2001.

 Rotherham cleared in Bibby case 21.2.03  Hemming Information Services 

A council was cleared of blame in the case of an eight-year old boy who drowned in one of its swimming pools although, said Rotherham coroner Stanley Hooper, the operation of the pool left much to be desired. A verdict of accidental death was returned on Jason Bibby after an inquest heard there was limited visibility from the lifeguard tower at the Herringthorpe Leisure Centre. Rotherham MBC said it had reviewed procedures at all its pools following the tragedy.

Lifeguard ignored pleas, inquest told      Northern Echo, 5 December 2001  http://archive.thenorthernecho.co.uk/2001/12/5/152384.html

A LIFEGUARD ignored the pleas of a teacher to rescue a drowning boy from the bottom of a pool, an inquest was told yesterday. Seven-year-old Anthony Armstrong died after lying unconscious for three minutes in full view of lifeguard Julie Blayney.

An inquest in Newcastle heard how the youngster had gone to the Wet 'n' Wild! water park in North Shields, North Tyneside, on August 4, last year. Anthony had been paddling in the shallow end of the centre's wave pool when he disappeared from view.

He was eventually rescued and taken to Newcastle General Hospital, where he remained on a ventilator for two days. A post-mortem examination by Home Office pathologist Nigel Cooper revealed he had died from massive brain damage as a result of near drowning.

Primary teacher Caroline Elton, who saw Anthony at the bottom of the pool, told the inquest she had asked Miss Blayney to rescue him. She said: "I spoke to a female lifeguard sitting at the side and told her the boy had been under the water for a long time and wasn't moving.

She said: 'Kids do that all the time'. She said they sat at the bottom and held their breath."

Miss Elton returned minutes later to plead again with Miss Blayney to do something and she eventually jumped in. Miss Blayney, defending her reactions, said: "Kids pretend they are drowning to wind you up, and try to get you to jump in. I became concerned when I saw a shadow on the bottom of the pool. I spoke to another lifeguard and jumped in."

Recording a verdict of accidental death, Coroner David Mitford said: "Conclusions will be drawn as to whether Anthony should have been seen sooner under the water. It is for the family themselves whether they feel they need to seek any further advice. 

Speaking after the hearing, Anthony's mother, Deborah Armstrong, 30, said: "Even if kids do muck around and pretend, you can't take chances. Anthony wasn't messing around, he was in serious danger - and she did nothing."

The family are now considering taking legal action.  Miss Blayney, who has since left her job as a lifeguard at the centre, declined to speak after the hearing.