A Glasgow-based outdoor activity company has been sentenced for health and safety failings which led to the tragic death of a 12-year-old boy on the River Tay.
Outdoor Pursuits Scotland Ltd pled guilty to a breach of health and safety legislation at Perth Sheriff Court on 21 October 2024 and were fined £10,000.
The company’s failings led to the death of Kayden Walker after he was separated from his board during a river boogie boarding session on the River Tay, near the village of Stanley, Perthshire on 28 July 2019.
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.
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“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, Glasgow, drowned after becoming trapped on the upstream side of a weir while on a day trip with the Church House community group.
Kayden, whose activity consent form stated that he was unable to swim 10 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.
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