Council agrees £13m payout to family of boy injured at swimming pool

Northampton Borough Council is to pay £13m to the family of a boy who was left with brain injuries after nearly drowning in a council swimming pool in 2002.

The boy was aged six at the time of the incident at Danes Camp Leisure Centre.

At a June 2015 High Court hearing, barristers Bill Braithwaite QC and Catherine Howells of Exchange Chambers established the council was negligent over the accident.

Judge Sir Colin Mackay said two lifeguards had “failed in their duty of care”, and had neglected to “continue to scan the water and pool bottom to satisfy themselves that he was not in difficulties”.

The court heard the boy, who cannot be named, was under water for more than two minutes and 40 seconds unobserved by the lifeguards.

Mr Braithwaite said at the time: “Throughout the time the case has been going on, Northampton Borough Council has denied responsibility – even when given clear opportunities to admit their failing, at a significantly reduced cost to the council tax payer.

“They disputed that it was a breach of duty to fail to see that the boy had slipped unnoticed under the water for that amount of time. They then argued that, once the boy had inhaled water into his lungs, he was doomed to suffer brain damage until he was intubated – which requires anaesthesia – and ventilated. That defence was also rejected. As always, the evidence and the selection of experts was vital in establishing that the council failed in their duty of care.”

This trial dealt with the negligence claim and compensation was left until later.

In a statement, law firm Tollers, which acted for the victim, said: “It had taken 15 years to get to this point with the defendant denying liability throughout. The defendant did not accept the court’s decision in 2015 and spent the following two years trying to appeal this judgment.”

Tollers said that after mediation the council “finally made a reasonable offer of settlement – a lump sum of £13m”.

The compensation will be paid by the council’s insurer, a council spokesman said, adding: “We’re glad to have reached a settlement with the family and we hope this will help them make suitable provision for the future.”

Mark Smulian