Incident Report: AB
Aug 24, 2021Homepage > Incident Reports > Commercial Pools
A nine-year-old boy (“AB”) who can’t be named for legal reasons was taking part in a swimming lesson at Harlow Fields School and College on Wednesday, 23 March 2011, when he got into difficulty in the water, requiring resuscitation. AB had learning and physical difficulties. The resuscitation was successful, and he regained consciousness whilst still on the poolside.
AB was taken to Princess Alexander Hospital after the incident and remains scared of water. He was kept at Princess Alexander Hospital for 26 hours after the incident.
The swimming pool was the responsibility of Essex County Council. An investigation by the HSE resulted in deficiencies being identified in the management of the pool. The HSE formed the view that the Council had failed to provide adequate information and guidance on how to manage and run swimming pools safely. It also didn’t provide the school with information on preparing operating and emergency plans for the pool, and no steps were in place to ensure this guidance was being followed. It charged Essex County Council with a breach of s.3(1) HSWA 1974.
HSE inspector Nicola Jaynes said:
This incident could have ended in tragedy and clearly demonstrates the need for local authorities to provide clear and up-to-date training, guidance and information for schools where they are the employer so that schools can safely manage their swimming pools.
It also demonstrates that local authorities have a duty to ensure that where issues have been identified with schools not following the guidance, remedial steps are taken to rectify these failings.
Essex County Council appeared at Chelmsford Magistrates’ Court on 14 November and pleaded guilty to breaching s.3(1) of the HSWA 1974. In addition to the fine, the council was ordered to pay £10,110 in costs.
A spokesperson for the Council said:
Essex County Council is deeply sorry and regretful for the incident. We acknowledge that, at the time, our swimming pool health and safety procedures were not suitably robust.
Since the incident, we have rigorously examined our procedures and policies and have actively worked with the HSE to improve these. We have developed a corporate health and safety strategy.
In addition, we have established a structured health and safety training plan available to all our staff, including teachers, and have developed a comprehensive swimming pool policy, which incorporates suitable and sufficient risk assessments, training, and operational and emergency arrangements.
References (3)
Note: I wish those affected all the best in their future. No part of this article purports to attribute blame. See our methodology page for further details of how these case summaries are constructed.
Irwin Mitchell. (2012). Council fined after disabled boy nearly drowned in pool. (16th November). Available at: https://www.irwinmitchell.com/news-and-insights/newsandmedia/2013/january/council-fined-after-disabled-boy-nearly-drowned-in-pool-jq-546681 accessed 24th August 2021.
Local Government Lawyer. (2012). HSE warns councils after Essex told to pay £30k+ over swimming pool case. (16th November). Available at: https://www.localgovernmentlawyer.co.uk/child-protection/309-children-protection-features/12355-hse-warns-councils-after-essex-told-to-pay-p30k-over-swimming-pool-case accessed 24th August 2021.
SHP. (2012). Disabled child nearly drowned in school swimming pool. (19th November). Available at: https://www.shponline.co.uk/occupational-health/disabled-child-nearly-drowned-in-school-swimming-pool/ accessed 24th August 2021.
Citation: Jacklin, D. 2021. Case Summary. Harlow Fields School. Water Incident Research Hub, 24 August.
