Outdoor Pursuits Scotland fined over 'health and safety failings' after schoolboy died in River Tay

An outdoor activity company has pled guilty to a breach of health and safety legislation, which led to the death of a schoolboy in a river.

Outdoor Pursuits Scotland, based in Glasgow, were hosting a boogie boarding session on the River Tay on July 28, 2019, near to the village of Stanley, Perthshire.

Kayden Walker from Glasgow became separated from his board during the activity and was trapped on the upstream side of a weir while on a day trip with the Church House community group.

The 12-year-old, 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.

Instructors were below the weir at that time. As community group employees turned to face upstream, they noticed the Bridgeton schoolboy’s board had resurfaced but Kayden had not.

An instructor from Outdoor Pursuits Scotland went to the top of the weir and reached into the water to locate the missing 12-year-old.

He discovered Kayden at an arms length under the water’s surface but was unable to pull him out.

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.

Kayden was airlifted to Ninewells Hospital, Dundee, before he was transported to Glasgow’s Royal Hospital for Children.

Kayden died the following day on July 29, 2019.

Perth and Kinross Council launched an investigation following the death and found that the company’s risk assessment for river boarding did not have adequate health and safety control measures in place.

A further inquiry carried out 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.

Outdoor Pursuits Scotland Ltd pled guilty to a breach of health and safety legislation at Perth Sheriff Court on October 21, 2024 and were 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.”