A sheriff has issued safety recommendations for water adventure activities following a joint fatal accident inquiry into the deaths of a 12-year-old boy and a man in incidents five years apart.
Kayden Walker, from Glasgow, died after becoming trapped on the upstream side of a weir during a river boarding session on the River Tay near Stanley, Perth and Kinross, on July 28 2019. The 12-year-old, whose swimming ability was limited, was separated from his board while on a day trip with the Church House community group. After being pulled from the water, he was airlifted to Ninewells Hospital in Dundee and then transferred to the Royal Hospital for Children in Glasgow, where he died on July 29.
Inquiry into two deaths
The joint inquiry also examined the death of Ruaridh Stevenson, 39, from Cupar, Fife, who drowned on April 13 2024 after trying to help a client in difficulties in the waters flowing through Dollar Glen, Stirling. Mr Stevenson was a director of a company offering “canyoning” experiences on Scottish rivers.
The FAI, held at Falkirk Sheriff Court earlier this year, followed the prosecution of Outdoor Pursuits Scotland Ltd in October 2024 for a contravention of health-and-safety legislation that led to Kayden’s death. The company was fined £10,000.
Key recommendations
In his determination published on Tuesday, Sheriff Keith O’Mahony recommended that the Health and Safety Executive (HSE), in conjunction with the Adventure Activities Licensing Authority (AALA), carry out a formal review of whether commercially provided riverboarding for people under 18 should fall within the Adventure Activities Licensing regime. Pending the outcome, he said the HSE should consider issuing guidance to providers and commissioning organisations clarifying that riverboarding falls outside the AALA regime, emphasising the need for “appropriate and rigorous risk assessment” of site-specific hazards.
The sheriff found that Kayden’s death could have been avoided if the group had exited the river upstream of Stanley Weir and re-entered downstream, and if one instructor had remained above the weir and one below it until all participants had passed safely.
Regarding Mr Stevenson’s death, the sheriff found the canyoning trip should not have entered the area of water known as the Cauldron in the prevailing conditions. He determined that an effective bank-based rescue system, such as a reach pole or throw line from a pre-rigged rope arrangement, was a reasonable precaution that might realistically have avoided the death.
The sheriff recommended that the HSE and the UK Canyoning Association consider developing guidance for commercial canyoning providers on site-specific risk assessments, standard operating procedures, and operational water level limits and cut-off criteria.
Response and next steps
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.”
A spokesperson for the National Trust for Scotland, which cares for Dollar Glen, said: “We are aware of the sheriff’s decision in this tragic case. Our sympathies are with everyone affected.” HSE and the UK Canyoning Association have been asked for comment.
