Powys County Council fined £75,000 after boy 4, almost drowned

Evan Davies was pulled unconscious from under the water at the Bro Ddyfi Leisure Centre in Machynlleth after a swimming instructor turned her back "for a moment".

He was revived by a parent at the session.

The near tragedy, which happened two years ago, led to a health and safety investigation into Powys County Council.

Following the court case the council said that safety changes had been made instantly.

At Swansea Crown Court last week the council admitted breaching the 1974 Health and Safety Act and the 1999 Management of Health and Safety at Work Regulations.

Judge Geraint Walters, sitting at Swansea Crown Court, fined the authority £75,000 and ordered it to pay prosecution costs of £16,000, in addition to the £8,000 it had already paid towards the cost of the investigation.

Simon Parrington, prosecuting, told the court that on November 24, 2014, Gryffydd Rhys Davies arrived at the pool to collect his son, Evan, from the "minnows" class – eight children who do not swim.

They were taking part in a three-minute free play session.

Mr Davies spotted his son lifeless and underwater. He raised the alarm and one of the instructors picked Evan out of the water. Another parent at the session was able to revive Evan.

An investigation by the Health and Safety Executive revealed that the authority had never carried out a risk assessment for the free play periods.