4.5.11  Press Release by Solicitors Representing Family of Michelle Gellard    www.hja.net/legal-news/hja-news/gellard-inquest.aspx

Inquest into death of 7 year old girl who died in public pool 

After nearly three years an Inquest into the death of Michelle Gellard, a 7 year old girl who died at the Blackwater Leisure Centre pool in 2008, is due to take place next week.

 On 14 June 2008 Michelle Gellard, along with her mother, Sian Lakey, attended the Blackwater Leisure Centre, Maldon, Essex, to take part in a Judo competition. Michelle’s father Mark Gellard was working that morning from 6.00am to 1.00pm in East London.

 Michelle went for a swim in the swimming pool after she had finished competing in the judo competition. Ms Lakey remained in the main hall with her niece in the competition and had initially refused Michelle permission to swim; however she eventually agreed after one of the other parents, Ms Zoeteman had offered to supervise Michelle in the pool.

Unfortunately Michelle went missing in the pool and was found under the water in the deep end by another customer. After failed attempts by St John’s ambulance crew to resuscitate Michelle at the Centre, she was taken by air ambulance to Colchester General Hospital where she was pronounced dead. Confusion at the swimming pool caused wrong information to be passed to the ambulance service in a 999 call which meant the emergency ambulance response was delayed.

 The Inquest hearing has been listed for nine days, from 9th to 20th May 2011 at the Essex Records Office in Chelmsford, before HM Coroner for Essex and Thurrock, Mrs Caroline Beasley-Murray, sitting with a jury. It will seek to establish the exact cause of Michelle’s death and the role of those present on the day, including the lifeguards on duty. The Gellard family, Maldon District Council, Leisure Connection and the St. John’s Ambulance will all be represented.

The Blackwater Leisure Centre is owned by Maldon District Council, but is managed by Leisure Connection Ltd, a private company which runs numerous such swimming pools in the UK.

In May 2010 there was another incident of a near drowning also involving a young girl swimming at the same pool. After this further incident the Health and Safety Executive served an enforcement notice under the Health and Safety at Work Act 1974 against the swimming pool.

Mark Gellard, the father of Michelle, said: "My partner and I are still grieving for our daughter. She was our pride and joy. She always brought a smile to our faces and it is hard knowing we will never again get to hold our daughter and tell her that we love her. She will never be forgotten.  We don't want this to happen to another child. It the most heartbreaking thing to go though and we hope that lessons are learnt from this."

Peter Todd, the solicitor for the Gellard family, said: "This case potentially has significant implications for all those involved in lifeguarding or managing a swimming pool, and for parents of children using a pool. It is important lessons are learned to ensure this particularly distressing tragedy never happens again." 

The Gellard family has commenced a civil claim for negligence against Leisure Connection Ltd, however this has been stayed until after the conclusion of the Inquest. 

The Inquest has been delayed largely because the Gellard family challenged the decision that the investigation into Michelle’s death should be conducted by Maldon District Council. The family issued proceedings for a judicial review on the basis that any investigation conducted by the Council would be prejudiced as they would in effect be investigating their own involvement in Michelle’s death. At the end of 2009, a settlement was reached between the parties that resulted in the Health and Safety Executive (HSE) taking over the investigation from the Council

4.5.11 Inquest to begin into death of eight-year-old who died in Maldon pool   Maldon & Burnham Standard www.maldonandburnhamstandard.co.uk/news/9006922.Inquest_to_begin_into_death_of_eight_year_old_who_died_in_Maldon_pool/

THE family of a young girl who died at a council swimming pool are hoping for answers when an inquest into her death begins next week.

Michelle Gellard was eight years old when she died in the pool at Blackwater Leisure Centre, Maldon, on June 14 2008.

The inquest is expected to last nine days, starting on Monday at the Essex Records Office in Chelmsford. Coroner Caroline Beasley-Murray will hear evidence from the lifeguards on duty, Maldon District Council, the Gellard family, the St John Ambulance and Leisure Connection, which manages the pool.

Mark Gellard, Michelle's father, said: "My partner and I are still grieving for our daughter. She was our pride and joy. She always brought a smile to our faces and it is hard knowing we will never again get to hold our daughter and tell her that we love her. She will never be forgotten. “We don't want this to happen to another child. It the most heartbreaking thing to go though and we hope that lessons are learnt from this.”

Family solicitor Peter Todd said: "This case potentially has significant implications for all those involved in lifeguarding or managing a swimming pool, and for parents of children using a pool. It is important lessons are learned to ensure this particularly distressing tragedy never happens again.”

16.4.10 Sacked After Rescue & Blackwater Investigation

This week’s St Albans & Harpenden Review carried a story about three young LC/Harpers Lifeguards who saved an 80-year old swimmer one week and were made redundant the next. They were awarded medals and congratulated on their training, but sadly are still unemployed after their centre closed in February. www.stalbansreview.co.uk/news/8104333.Lifeguards_save_swimmer_in_Bricket_Wood_pool_final_drama/

The story made me wonder how much longer before the HSE reports on what happened in the tragic drowning of Michelle Gellard in June 2008 at Blackwater Leisure Centre?

Despite concerns being raised in 2008 about Maldon Council, owner of the centre and overseer of LC/Harper’s contract to manage it, having a role in the HSE enquiry, the Council continued to be part of the investigation until November 2009. In February of this year, the Maldon Standard reported that, “Late last year the HSE agreed to take control of the investigation.” www.maldonandburnhamstandard.co.uk/news/localnews/4996239.Safety_investigations_continue_in_the_Maldon_district_/ 

As far as I know, no reasons have been given for ceasing Maldon’s role in the investigation. Perhaps this will be made clear in the HSE report?

And how much longer for this report? Every case is different, but it appears from another report into a child drowning (in a pool that has nothing to do with LC/Harpers), two years may not be enough. Luke Hutton aged seven drowned in  Dundee  in September 2007. The HSE reported on that incident, which involved a £40k fine for inadequate supervision and other failings, in November 2009.  www.thecourier.co.uk/output/2009/11/18/newsstory14125175t0.asp

Of course such investigations must be thorough, but there is also a need for lessons to be learned  quickly. For example, what if lessons from Dundee had been available sooner – might this have saved a life in another part of the country? It would be interesting to know if other pool operators knew anything about what went so wrong in Dundee before the full HSE report. 

 At one stage, a solicitor was acting on behalf of Michelle's parents (see below) . Nothing has been heard lately of this legal action, and material relating to it has been removed from the solcitor's website, which prompts speculation about a deal  between LC/Harpers and the family. If any party involved issues a denial of such a deal, LCW will be happy to include it here. Some of the solicitor's material appears below.PB

I find this press release confusing and worrying.  The Council claims to have raised a concern with HSE because the general public might perceive a conflict of interest but HSE say fine, go ahead anyway and we will check how you monitored the contract.  For the sake of argument, let's imagine that the council was grossly negligent in its monitoring of the contract or the enforcing of standards - would it then be acceptable for the council to take the key role in investigating?

Secondly, it appears from Cllr. Channer's statement that despite the concern about perceptions of conflict of interest a request was made to HSE for a simultaneous review of the Council's monitoring. This appears to suggest that the Council proposed such an arrangement.  "Absolute transparency" would be best served by a fully independent enquiry.

Thirdly, given that I have made six written complaints to Harrow Council and twelve to Brent about lapses in lifeguard monitoring at pools managed by Leisure Connection,  there may be a wider issue that deserves investigation.

Fourthly, where is the request for users of Blackwater Leisure Centre who are prepared to make statements that they feel may be relevant to a thorough investigation? There is not even a named official or address for enquiries given. PB

HEARTBREAKING tape recordings of frantic phone 999 calls made in the moments after a young girl was found in the deep end of a swimming pool have been released. The calls were made from Blackwater Leisure Centre, Maldon, after seven-year-old Michelle Gellard was pulled from the water and reveal confusion surrounding the tragic events in June...

The East of England Ambulance Service agreed to hand over the recordings of the 999 calls to Hodge Jones & Allen Solicitors, who are acting for Michelle's parents, Mark Gellard and Sian Lakey. The couple, from the Isle of Dogs, London, have instructed lawyers over the fatal incident at the pool, run by Leisure Connection, claiming “incomplete and inaccurate” information was given about their daughter's condition.

At one point in the first 999 call, heard by the EADT, the operator was informed the youngster had been choking before being told she was “okay” and “conscious”.  The woman making the call states: “I have just been told by someone who has seen her that she is okay now.”

The operator explains the ambulance is still on its way and to make sure that the youngster does not eat or drink anything. However in a second recording the tone is more frantic because Michelle was not breathing. Staff from St John's Ambulance help her and the operator is told “she is not breathing”.

“She has not been conscious since we have been here…She is out of the water, she is not breathing - she has had CPR since she came out of the water,” the operator is told.  The tapes also state there was no defibrillator available.

The Health and Safety Executive is investigating the incident. Last night Leisure Connection issued a statement which read: “This matter is being dealt with by our legal advisers. We are not making any further comment whilst the investigation into this tragic incident takes place.”

Hodge Jones & Allen declined to comment.

A spokeswoman for the ambulance service said: “The firm acting for the family contacted the East of England Ambulance Service to ask for a copy of the call, which was given to them to be used in confidence. The ambulance service's solicitor subsequently contacted the firm to request it amend the website to remove the tape, which has been done. The investigation into Michelle's death is ongoing, and so it would be inappropriate to comment further on the call itself.” ...

• My sympathies to the family of this little girl and in coping with their tragic loss. I agree it seems poor that a volunteer adminstered the life saving attempt and not a properly trained lifeguard but I assume the best possible treatment was given. Unrealated, I too have complained about this pool for being freezing cold and for the filthiness of the changing area and lack of warm showers. I think its classic case of councils losing control over facilitiies as they hive them off to private firms who take the profits and take shortcuts with heating, cleanliness etc. The lagoon section has been closed off for years, I wonder if that's because they didn't want the expense of providing guards to monitor it?

  Scott, Chelmsford   commented on 16-Jun-2008 22:27
  

• Before I moved from Maldon, (6 months ago) I used Blackwater pool frequently, not out of choice but it was my nearest pool. I and several family members have complained on countless occasions about the cleanliness (or lack of it), We have also brought to the centres attention how the lifeguards spend their shift with their heads in a locker texting people or messing about, gossiping etc among themselves. Maybe they are just to young to see what a responsible job being a lifeguard is and the terrible price someone has to pay when your mind is not fully on the job, a member of the public should never have had to pull out this little girl or a St Johns cadets administer mouth to mouth. The lifeguards should be on the ball and fully trained to deal with this.
  Why is there no mention of the lifeguards playing any part in this tragic accident? This should be investigated.

  Emma, Kent  commented on 16-Jun-2008 20:17 

• This is not the first incident like this to happen at Blackwater. My sister pulled someone unconcious from the water seven or eight years even though there were life guards on duty at the time. Michelle, Essex  commented on 16-Jun-2008 13:33  (This may have been before LC won the contract. PB)
  

• As an ex lifeguard who spent many years around pools I do wonder what the lifeguards were doing on this sad afternoon. My experience at many pools nowadays is such that I will not leave my grandchildren out of my sight at all when going swimming, I feel no confidence in the lifeguards at all these days. My own thoughts are that many of the young people that take on the lifeguard responsibility do not have the life experience to deal with such circumstances. They seem to think it will never happen on their shift. At most of the pools I have visited over the last few years the poolside staff spend a lot of time talking, walking away from the pools and looking half asleep. I would also like to know why the Ambulance staff had to resuscitate this little girl, why did the lifeguards not start to do so immediately. Bearing in mind that she should never have ended up in such a position in the first place. My thoughts and sympathies are with the parents of this little girl.  Anon, Essex  commented on 17-Jun-2008 12:43
  

• having worked at the leisure centre for a number of years, but not now,i know that the parents are asked by reception what the the age thier child is and told that children under 8 must have an adult with them in the water. please do not put blame on the lifegaurds until the facts are known, it is not necessarily their fault and with the comments about the cleanliness of the pool, what has this got to do with the incident, it is a totally different matter.
  anon, west haddon,northants   commented on 17-Jun-2008 20:24

• Please note, while I have no reason to disbelieve any of the above comments, they are uncorroborated and some people are not readily identifiable. PB

  From The Times 15.6.08 http://www.timesonline.co.uk/tol/news/uk/article4144506.ece   Lifeguards fail to save girl, 7, from drowning on fun day at crowded swimming pool 

By Marcus Leroux and Elizabeth Manzi 

A seven-year-old girl drowned during a fun session at a busy swimming pool, despite the efforts of lifeguards. An attendant leapt into the pool to haul out the unconscious girl in front of swimmers after she was seen under the water at Blackwater Leisure Centre in Maldon, Essex. She was airlifted to Colchester General Hospital on Saturday afternoon, but pronounced dead at the hospital within an hour.

The girl’s family, from the Isle of Dogs in London, had gone to the “Fun for all” session at the leisure centre, where the pool opens its flume and there is a “jungle river ride”. Leaflets at the centre say that only competent swimmers over 4ft 9in should use the ride, which has whirlpools and a waterfall. It also advises that children under the age of eight should not go on the ride unless accompanied by an adult.

Last night it was unclear where in the swimming pool the girl’s body was found. A spokeswoman for Leisure Connections, which runs Blackwater Leisure Centre, said that an adequate number of lifeguards had been on duty. Two St John Ambulance officers, who had been in the centre for a judo competition, were called to the pool-side to attempt resuscitation, while junior cadets tried to comfort the girl’s family. The St John Ambulance Association said: “One of our ambulances was covering another event at the leisure centre when we were called to the swimming pool by staff who asked us for help.

“We rushed to the scene and tried to help. The lifeguard had already started resuscitating the young girl.”

Essex Police said last night it was handing over investigation of the girl’s death to Maldon Council’s environmental health department.

Graham Farrant, chief executive of Leisure Connection, said: “All our thoughts and sympathies are with the family and we will do anything we can to help investigate this tragic incident.”

On average, 15 people a year drown in swimming pools, most of them children. Peter Cornell, of the Royal Society for the Prevention of Accidents, said: “People don’t wave their arms or thrash about when they drown in pools or in fresh water. They just slip under and if it hasn’t been spotted by the lifeguard, it can be dangerous.”

From Newsquest 13.1.05    Reproduced in full   http://snipurl.com/hflq