Met Police fined for double drowning

Prosecutions and Claims |
15.09.2007

The Metropolitan Police and Barnet Council have received fines and costs of £151,500 after admitting putting the safety of children using a police swimming pool at risk. Sentencing at the Old Bailey, Mr Justice Bean said the Met's failure to provide a second lifeguard at the pool had created "at least a material increase in the risk of a drowning".

Gameli Akuklu, aged 15, and William Kadama, aged 14, drowned on 30 July 2002 in the Peel Centre pool at the police college in Hendon. The boys were taking part in a scheme known as SPLASH (Schools Police Leisure Activities in the Summer Holidays), organised by the London Borough of Barnet. When the accident happened there were around 25 children in the pool. PC Danny Phillips, the only lifeguard on duty, did not order the pool to be cleared while he attended to another child who had cut his knee. When people ran over to tell him there were dark shapes at the bottom of the pool, he dived in. But despite all efforts to revive the boys, they both died. In June 2006, a jury cleared Phillips of the boys' manslaughter.

As the pool operator, the Met was responsible for managing it safely. Its normal operating procedure specified that a sole lifeguard could supervise up to 40 swimmers. But the HSE's guidance, which bases its advice on water area rather than number of swimmers, specifies two lifeguards for this type of pool, with three at busy times; if this guidance is not followed, a specific risk assessment is required. The police had not done this. Barnet Council, which was responsible for ensuring the scheme was properly organised, had not completed its own risk assessment for the swimming activities at the Peel Centre.

The London Borough of Barnet and the Office of the Commissioner of Police for the Metropolis admitted failing to ensure the safety of non-employees in breach of Section 3(1) of the Health and Safety at Work Act. On 13 July, Mr Justice Bean fined the Met £75,000 with £50,000 costs and the council £16,500 plus £10,000 costs.