Prosecutions

The deceased had gone swimming at the pool, as part of his program of recovery from a rugby injury. After getting into difficulty the lifeguards on duty were distracted whilst supervising the pool and failed to spot him lying at the bottom in enough time to save his life.

The Health and Safety Executive (HSE) prosecuted lifeguard A over the incident on 27 July 2006. He was convicted of breaching Section 7 (a) of the Health and Safety at Work etc Act 1974 for failing in his duty to take reasonable care for the health and safety of pool users.

The jury failed to reach a verdict on lifeguard B, who was also charged with the same offence. The jury was discharged.

The court heard how lifeguard A was on poolside duty at the indoor pool when he was distracted from his duties and was in no position to spot the deceased who had gotten into difficulties, or respond in time to have a chance to save him.

Speaking after the case, a HSE Inspector said:

"It is completely unacceptable for those with a responsibility for the safety of others to neglect their duty.

"While the lifeguard did not cause the deceased to get into difficulty, his neglect of duty was clearly a major factor in leaving him and potentially others using the pool unnecessarily exposed to risk.

"Standards are well established through training and they must be applied by lifeguards to ensure swimmers are safe."