The Health and Safety Executive (HSE) has prosecuted a leisure centre following the death of a seven-year-old boy who drowned.

In September 2007, Luke Hutton was found to have drowned at the Olympia Leisure Complex in Dundee, Scotland, after another child alerted staff that Luke was missing following a public swimming session. His body was found in a covered wave pool after a 40-minute search.

On Tuesday, 17 November at Dundee Sheriff Court, Dundee Leisure pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £40,000.

After the hearing, HSE inspector Peter Dodd said such cases were ‘rare’ – but they illustrated what could happen when a non-swimmer was not given the full attention required for them to be able to use the facilities safely.

‘HSE recognise the undoubted benefits of children learning to swim and the skills this equips them with,’ said Mr Dodd.

‘Dundee Leisure failed to have robust measures in place to ensure the safety of their clientele at all times,’ he added.

‘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.’

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