Pool owner fined £234,000 for failings over boy’s death
Caravan park had no lifeguards when six-year-old lost grip on float
THE owners of a caravan park have been fined £234,000 after a six-year-old boy died in a swimming pool that had no lifeguards and no workers able to give first aid.
Aidan Sands, who could not swim, died on June 18, 2011 during a trip to the leisure centre at the Red Lion Caravan Park, Arbroath, Angus. The park’s operators, Loch Earn Caravan Parks Ltd, was yesterday fined £234,000 over health and safety failings.
Forfar Sheriff Court heard how Aidan, of Dundee, his mother and three siblings had arrived at the park just three hours before the tragedy for a short break.
He had been playing in a toddler pool with his brother while his mother and two sisters swam in the main pool, which was 3ft 9in deep.
Aidan, who was 3ft 8in tall, then made his way into the main pool with a float, but lost grip of it.
He was submerged for 51 seconds before he was pulled to the surface, dragged from the pool and had CPR performed on him by other swimmers.
The pool had no lifeguards and staff were not trained in CPR.
Aidan was rushed to hospital but died four days later from brain injuries.
Speaking outside court yesterday, Aidan’s father Kevin Yule said: “I’m glad the matter has been decided and the owners have accepted responsibility.
“The sheriff has imposed a significant fine. “It has ripped our family apart.” Aidan’s mother, Mandy Sands, died aged 36, around two years after the tragedy.
Members of her family, who are also pursuing a civil case against the owners, released a statement through their solicitors. Brian Castle, of Digby Brown, said: “It has been a difficult road.
“This guilty plea is a belated one but it does provide some considerable comfort to the family to learn that the caravan park operator is now accepting responsibility for Aidan’s death.
“The family are hopeful of resolving the ongoing civil legal proceedings arising from the tragedy soon before trying to move on with their lives.”
Loch Earn Caravan Parks Ltd, based in Errol, Perthshire, pleaded guilty on indictment to charges under the Health and Safety at Work Act committed between July 1, 2007 and June 18, 2011 at the Seafront Leisure Centre, Red Lion Caravan Park, Dundee Road, Arbroath.
Defence advocate Barry Smith said: “I am expressly instructed to tender on behalf of the company and all those associated with it the sincere condolences of that company and those people to the family of Aidan Sands.”
Sheriff Jack Brown reduced the fine for the guilty plea.
He said: “The absence of lifeguards and a risk assessment continued of a period of some years and it may be that the absence of any other incident led to a false sense of security.”
Gary Aitken, head of the procurator fiscal’s health and safety division, said: “Hopefully this sad incident will remind other pool operators that failure to fulfil their obligations in law can have tragic consequences and that they will be held to account for their failings.”