Council told to pay £90,000 after boy nearly drowns in swimming lesson

A local authority in Wales has been ordered to pay more than £90,000 in fines and damages after a four-year-old boy nearly drowned during a swimming lesson.

The Health & Safety Executive (HSE) launched an investigation over the incident which happened when Evan Rhys Davies was taking part in a mix-age and ability play session at Bro Ddyfi Leisure Centre.

At the end of the swimming lessons the boy got into difficulty. According to the HSE, the lifeguard had left his station to put out lane ropes for the next lesson, instructors were engaged in other tasks (completing forms) or in conversation with each other or parents.

Swansea Crown Court was told how Evan’s father discovered his son floating face down in the water when he came to pick him up from the lesson. He was pulled from the water and revived at the side of the pool. Although deprived of oxygen, he later made a full recovery in hospital.

The HSE investigation found that Powys County Council “had failed to properly risk assess the swimming lessons and in particular that part of the lesson where mixed abilities and ages were allowed to take part in free play.

“They did not define the position or roles of the staff to supervise free play, failed to deal with the distraction caused by parents coming onto the pool side at the end of lessons and during free play and failed to give adequate time or resource between sessions to reconfigure the pool lane ropes (each session began and finished on the half hour).”

Powys County Council pleaded guilty to breaching the Health and Safety at Work etc Act 1974, section 3(1) and regulation 3 of the Management of Health and Safety at Work Regulations 1999. It was fined £75,000 and ordered to pay costs of £16,000.

HSE Inspector Gary Martin said: “Free play for children learning to swim is an important activity in building their confidence in the water. However, the risks of mixing swimmers of limited ability with children who may be older or stronger in the water must be managed correctly.

“The council could have taken simple steps that would not have led to a parent’s worst nightmare of finding their child floating unconscious in a swimming pool. Evan is lucky his father turned up when he did.”