Outdoor activity company fined £10,000 for safety failings that led to schoolboy drowning
Kayden Walker from Glasgow was separated from his board and became trapped underwater in July 2019.
Last updated 21st Oct 2024
A Glasgow outdoor activity company has been sentenced for a breach of health and safety legislation, which led to the death of a schoolboy in the River Tay. 12 year old Kayden Walker from Bridgeton drowned while boogie boarding after falling behind the main group and becoming trapped underwater at a weir in the water in July 2019.
No instructor was near him at the time despite his consent form stating that he couldn't swim more than 10 metres without a flotation device.
Outdoor Pursuits Scotland Ltd pled guilty to a breach of health and safety legislation today at Perth Sheriff Court and they’ve been fined £10,000
Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS) said: “Kayden Walker was a happy, friendly, and much-loved child who enjoyed helping younger children within his church group.
“The measures Outdoor Pursuits Scotland Ltd had in place were insufficient to ensure, so far as was reasonably practicable, the health and safety of participants, and in particular non-swimmer Kayden Walker.
“Kayden’s tragic death could have been prevented had the company ensured a safe system of work was in place to allow participants to safely negotiate the weir.
“This should serve as a warning to others who run outdoor and water activity business. A failure to manage the risk in such ventures can have devastating consequences.
“My thoughts are with Kayden’s family and friends at this difficult time.”
Kayden from Bridgeton became trapped on the upstream side of a weir
Kayden, whose activity consent form stated that he was unable to swim ten metres without the assistance of a flotation device, was the last child to go over the weir between two Church House employees. All Outdoor Pursuit Scotland’s instructors were below the weir at that time.
The community group employees turned to face upstream after negotiating the weir but were unable to see Kayden whose board had resurfaced near them.
A company instructor, realising that something was wrong, went to the top of the weir and reached into the water where he had last seen Kayden.
He found Kayden an arm’s length underwater and attempted to pull him out, but the water was too powerful and prevented him doing so.
After around three and a half minutes he eventually managed to free him. The force of the water carried Kayden down the weir where the company’s director caught him and immediately started to perform CPR. Adults within the group of 17 contacted the emergency services.
A Scottish Ambulance Service helicopter flew Kayden to Ninewells Hospital, Dundee. He was then transferred to the Royal Hospital for Children at Glasgow where he died the following day, 29 July 2019.
An investigation by Perth and Kinross Council found that the company’s risk assessment for river boarding did not have adequate health and safety control measures in place.
Further investigation by the Crown included taking opinion from a water activities expert.
The expert’s view was that the company should have always had one instructor directly below and one instructor in a kayak above the weir until all the group members had successfully negotiated the rapid.