Failings led to drowning of seven-year-old

Date:

17 November 2009

Release No:

SCO/208/09

The Health and Safety Executive (HSE) said today that serious management failings led to the death of a young boy, who drowned in a swimming pool at a Dundee leisure centre.

The seven year-old, Luke Hutton, died in September 2007 at the Olympia Leisure Complex, Dundee. At the end of a public swimming session, another child raised the alarm that Luke was missing and his body was then found in a covered wave pool following a 40-minute search.

At Dundee Sheriff Court today, the organisation Dundee Leisure of 30 and 34 Reform Street, Dundee, was fined £40,000 having pleaded guilty to charges under Section 3(1) of the Health and Safety at Work etc. Act 1974.

Health and Safety Executive Inspector Peter Dodd said: "HSE recognise the undoubted benefits of children learning to swim and the skills this equips them with. Cases such as this are rare, but it illustrates what can happen when a non-swimmer is not given the full attention they require to enable them to use these facilities safely.

"Dundee Leisure failed to have robust measures in place to ensure the safety of their clientele at all times. The lifeguards working at the Olympia Centre were not adequately trained to ensure that every part of the wave pool was properly supervised, particularly in relation to a potential blind spot within the area. ".

Notes to editors

1. Section 3 (1) of the health and safety at Work etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health and safety."
2. The Olympia Leisure complex is operated by Dundee Leisure. This company was formed in 2006 to manage and operate this, and four other sports facilities on behalf of Dundee City Council.
3. After the incident, Dundee Leisure was served with seven improvement notices by the HSE relating to their activities. These were for having no arrangements to manage health and safety; and for failing to appoint a competent person for the purposes of health and safety. The other five notices required Dundee Leisure to undertake risk assessments at each of their premises. All the notices have been complied with.
4. Each year there are approximately ten deaths by drowning in swimming pools of which half of these are children aged under 15. There have been no previous drowning incidents at the Olympia Pool.

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