A Fatal Accident Inquiry has determined that the deaths of a schoolboy and a man who drowned in Scottish waters could have been prevented.
Kayden Walker, 12, from Bridgeton, Glasgow, died after a day out with the Church House Community Group, which organises activity days for young people. He was river boarding with the group on the River Tay, near the village of Stanley in Perth and Kinross, on July 28, 2019. He became separated from his board and was trapped on the upstream side of a weir. He was pulled from the water and taken to Ninewells Hospital in Dundee, then transferred to the Royal Hospital for Children in Glasgow, where he died the following day.
Ruaridh Stevenson, from Cupar, Fife, drowned after trying to help a client who experienced difficulties in the waters flowing through Dollar Glen, Clackmannanshire, on April 13, 2024. The inquiry followed an investigation by the Procurator Fiscal, and came after the prosecution of Outdoor Pursuits Scotland Ltd for a contravention of health and safety legislation that led to Kayden's death.
Sheriff's findings and recommendations
In his determination, Sheriff Keith O'Mahony identified precautions that might realistically have prevented both deaths and made recommendations aimed at improving safety in adventure water activities. These include consideration of whether commercial riverboarding activities involving children should be brought within the adventure activities licensing regime, and the development of additional guidance for activity providers. The Sheriff also recommended strengthened site-specific risk assessment and further safety measures at Dollar Glen.
Following the publication of the determination, Debbie Carroll of the Crown Office and Procurator Fiscal Service, Scotland's death investigation authority, said: "This determination identifies important lessons for the adventure activities sector and those responsible for its regulation and oversight."
"The Sheriff's findings highlight the importance of robust risk assessment, effective safety controls and careful management of site-specific hazards. Our thoughts remain with the families and friends of Kayden Walker and Ruaridh Stevenson."
Details of the incidents
In relation to Kayden's death, the Sheriff found that the hazards associated with Stanley Weir could have been avoided by leaving the river and bypassing the weir. He also found that the operator's risk assessment did not adequately identify and address the risk of entrapment at the weir, or establish an appropriate system of work to manage that risk. The Sheriff further found that maintaining one instructor above the weir and one below it until all participants passed safely was a reasonable precaution that might realistically have avoided the accident.
In relation to Mr Stevenson's death, the Sheriff found that the canyoning trip should not have entered the Cauldron in the prevailing conditions, and identified shortcomings in the site-specific assessment and management of changing water levels in Dollar Glen. The Sheriff also found that the availability of an effective bank-based rescue system, such as a reach pole or pre-rigged throw line, was a precaution that might realistically have avoided the death.
Kayden's older brother, Kai Thomson, previously penned a tribute to the youngster, writing: "There's no words I could say to make this any easier. Woke up this morning, done the usual scroll through Facebook and then 5 minutes later I remember the absolute nightmare of the last two nights and it all begins to sink in all over again."
"You really don't know what's around the corner and in my mind I still don't fully believe it all. I make this promise to you now Kayden, Jude will always grow up knowing just how much of an amazing big brother he had from both what he remembers and what we will all tell him."
"You're up there with granda now so look after each other. I love you wee man with all my heart. Until we meet again. You really were simply the best."
