Holiday park fined for pool death

Court: Health and safety breaches ‘significant factor’ after Aidan, six, found under water

A holiday park operator has been fined £234,000 for health- and- safety breaches which were “a significant factor” in the death of a six-year-old boy.

Aidan Yule was playing in the main pool at the Red Lion Holiday Park in Arbroath, Angus, on June 18 2011 when his head slipped under the water.

CCTV footage showed that he was spotted less than a minute later but he was found unconscious.

Patrons attempted CPR and Aidan was taken by ambulance to Ninewells Hospital in Dundee, but he was pronounced dead four days later.

LochEarnCaravanParks Limited, which owns the Seafront Leisure Centre and the Red Lion Holiday Park, pleaded guilty to contraventions of theHealth & Safety at Work Act 1974 at Forfar Sheriff Court yesterday, the Crown Office confirmed. A joint investigation by Angus Council and the former Tayside Police found no risk assessment was done, little consideration had been given to potential risks, there was inadequate supervision in the pool and staff received no adequate safety training.

Gary Aitken, head of health & safety division, said: “The measures that Loch Earn put in place were insufficient to ensure, so far as was reasonably practicable, the safety of members of the public using its pool.

“The presence of a lifeguard on duty at the poolside would have reduced the likelihood of the incident occurring and the failure to have lifeguards in place is a significant factor in the incident and the resulting tragic death of a sixyear-old boy.

“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.

“Pool operators need to read the relevant guidance and ensure that their safety arrangements match legal requirements.”

Brian Castle, partner in Digby Brown solicitors who represents a number of members of Aidan Yule's family, said: “It is over five years since the tragic events which led to Aidan's death.

“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.”

“Failure to have lifeguards is a significant factor in the incident”

CONSEQUENCES: Aidan Yule, of Dundee, died in hospital after slipping under water for less than aminute