Pool firm fined over drowned boy

Luke Hutton's body was found under covers after the pool had closed

The operators of a Dundee public swimming pool have been fined £40,000 for health and safety breaches over the drowning of a seven-year-old boy.

Luke Hutton died at the Olympia Leisure Centre in Dundee in September 2007. His body was found under covers at the deep end after closing time.

Dundee Sheriff Court heard how lifeguards had not been given adequate training to monitor the pool.

Since Luke's death safety has been improved at the facility.

The court heard that Luke, who could not swim, had gone into a deep area of the pool, known as the wave channel, and disappeared from view after entering what was described as a blind spot.

It was only when another child raised the alarm that Luke's body was found half an hours later after covers were removed from the deep end of the pool.

Following the case, Sheriff Richard Davidson said he had to ask why Luke had to lose his life for the problems to be identified.

Speaking after the court ruling, Elaine Taylor, head of specialist prosecutors at the Health and Safety Division said the boy's death should not have happened and had had a "devastating effect" on those close to him.

This was not only to ensure those who bear responsibility are held to account and that Luke's loved ones can know the truth of what happened, but also so that lessons can be learned to prevent similar tragedies in the future Elaine Taylor

She added: "Our thoughts today are very much with Luke's Mum and the other members of his family.

"Although nothing will ever be able to compensate them for their loss, we hope that today's conviction and sentence can be of some comfort to them."

Ms Taylor said the investigation into Luke's death had been "difficult" and "complex".

She added: "This was not only to ensure those who bear responsibility are held to account and that Luke's loved ones can know the truth of what happened, but also so that lessons can be learned to prevent similar tragedies in the future."

Dundee Leisure pled guilty to a breach of Section 3 of the Health and Safety at Work Act 1974, which compels them to ensure those using the pool were not exposed to risk.

They admitted failing to provide lifeguards with adequate training to ensure that every part of the pool was supervised.

The Health and Safety Executive (HSE) began an investigation into procedures at the pool following Luke's death on 29 September, 2007.

'Terrible accident'

As a result, they ordered wide-ranging improvements at the facility to avoid a repeat of the tragedy.

They said: "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. "

In a statement issued through Dundee City Council, a spokesman for the Dundee Leisure Trust said the boy's death had affected everyone at the organisation.

The statement said: "We deeply and sincerely regret the tragic loss of a young life.

"The impact of Luke's death on everyone involved with Dundee Leisure Trust remains as strong now as it was two years ago.

"Sadly, we cannot turn the clock back but since the tragedy we have closely examined all our policies, procedures and the physical layout of the pool to try to prevent such a terrible accident happening again."