An outdoor activity firm has been fined £10,000 over safety failings that led to the death of a 12-year-old Scots schoolboy on the River Tay.
Kayden Walker tragically died after he was separated from his board during a river boogie boarding session with Outdoor Pursuits Scotland Ltd on July 28, 2019. The schoolboy, from Glasgow, tragically drowned after he became trapped on the upstream side of a weir while on a day trip with the Church House community group.
When a company instructor realised something was wrong, they went to the top of the weir and reached into the water where he had last seen Kayden. The employee found Kayden an arm’s length underwater and attempted to pull him out, but the water was too powerful and prevented him from doing so.
After around three and a half minutes of struggling, the instructor 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.
An air ambulance flew Kayden to Ninewells Hospital, Dundee, where he was later transferred to the Royal Hospital for Children in Glasgow. The child tragically passed away the following day on July 29, 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 Office included taking opinions from a water activities expert.
The expert’s view was 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. Outdoor Pursuits Scotland Ltd pleaded guilty to a breach of health and safety legislation at Perth Sheriff Court on Monday, October 21.
The Glasgow-based firm was 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.”
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