Case Summary: Andrew Spry
Jan 27, 2022CASE SUMMARY
Andrew Spry (12 years old), went swimming with swimming at the Grays Swimming Pool at Blackshot Leisure Centre on Saturday 12th March 2005 with his brother Jonathan Spry (16 years old). The centre was operated by Impulse Leisure. Andrew was autistic (Asperger’s Syndrome), and both boys had epilepsy.
Between 13:00-13:30, four 12-year-old girls spotted Andrew at the bottom of the pool and alerted lifeguards. One of the girls recounted that (Daily Gazette, 2005):
I saw a boy at the bottom of the pool in the shallow end but at first didn't realise it was a boy and thought it was a pattern. When I realised, I shouted at a lifeguard, but he didn't react.
A lifeguard pulled the boy to the side. They started pumping his chest and did mouth to mouth.
Lifeguards conducted CPR on the poolside. Paramedics arrived, and Andrew was taken to Basildon Hospital. Staff worked on Andrew for a considerable period, but tragically, he was later pronounced dead.
Essex Police confirmed they wouldn’t be conducting a criminal investigation, and the case was referred to the Health and Safety Executive for further review (Daily Gazette, 2005). As far as we are aware, the HSE took no further action.
Coroner’s inquest (2006) Chelmsford County Hall, 1-3 August, unreported
A two-day inquest was held at Chelmsford County Hall.
The inquest heard from Mrs Foggarty, a swimmer in the pool on the day of the incident, who said (Ellis, 2006):
The lifeguards were chatting to girls whilst they were meant to be watching the pool. One was having a conversation with them that was not work-related. My husband and I commented that they were not paying attention.
Lifeguard Gavin Leonard told the inquest (Ellis, 2006):
I saw a group of girls huddled around shouting something to me and looking slightly distressed. I went over and noticed a shadow on the bottom of the pool. From where I was sitting, I hadn’t been able to see Andrew at all.
It was very surreal. It was stressful, but everyone did their bit and we all worked together.
HSE enforcement officer Gavin Dennett, who investigated the drowning at Impulse Leisure (Ellis, 2006), said it is possible Andrew experienced an epileptic seizure before drowning but that he could not be sure.
The coroner returned an open verdict (Ellis, 2006).
Following the inquest
After the inquest, Jeanette Spry, Andrew’s mother, said (Kirby, 2008):
We have listened carefully to the evidence over the past two days. Although Impulse Leisure claims there was appropriate supervision in place at the time of the incident, we are deeply concerned by the evidence given by independent witnesses that report Andrew was underwater and remained undetected for five minutes or more.
We simply cannot understand how a child could remain undetected for such a length of time.
Swimmers who use Blackshots Leisure Centre report confidence in the operator, Impulse Leisure, remains at an all-time low following a second non-fatal drowning of a girl at Corringham (Kirby, 2008).
Following the Thurrock Gazette’s investigative report into the health and safety procedures of Impulse Leisure in 2006, Councillor Hipsey said (Kirby, 2008):
I will be asking the Cabinet to commission a detailed report on the Impulse Leisure Trust which gives a full understanding of the Trust, its management and its financial position.
We are concerned over a number of aspects of the company's performance following a number of things that have happened.
We undertook an agreement with Thurrock Community Leisure which is due for renewal and review next year and we have to look at if the interest of the borough is being best served by this agreement. It may be that we consider taking control of leisure facilities directly.
Independent experts will be asked to seek the views of members of the overview and scrutiny committee, which will be taking its own look at Impulse Leisure so we get a fair and accurate picture.
The KPMG report commissioned by Thurrock Council was never published. A spokesperson for Thurrock Council said (Kirby, 2008):
The independent inquiry carried out by consultants KPMG not only gave Impulse Leisure a clean bill of health. It also said Thurrock Council was receiving good value for money.
Further investment at Blackshots Leisure Centre
Council documentation provides that Impulse Leisure is a charitable trust and must reinvest earnings into the improvement of facilities and equipment throughout the grant of its 30-year lease between 2000-2030 (Fish, 2015). At the 50% mark of its lease in March 2015, Impulse Leisure had invested over £700,000 in the improvement of facilities and equipment across the three sites in the contract from Thurrock Council. It is unclear how much of that figure was invested prior to Andrew's death.
Part of that investment was made in 2015, with the installation of a Poseidon drowning detection system at a cost of £75,000 plus ongoing maintenance costs (Symcox, 2015). It is unclear how much of that figure was Underwater, and overhead cameras were installed and monitors attached to high chair positions to provide lifeguards with additional views of the pool.
On Friday, 20 February 2015, the drowning detection system alerted the lifeguard team to a woman who had fallen unconscious and submerged below the surface of the water whilst supervising her daughter (Symcox, 2015). The mother and daughter were rescued by the lifeguard team. The mother was taken to the hospital as a precaution and has since made a full recovery.
Tragedy strikes the family a second time
Tragically, on 21 June 2007, Jonathan Spry, Andrew’s brother, died following a severe epileptic seizure whilst visiting his mother in Stifford Clays.
Andy Spry, 50, said (Casey, 2007):
What can I say. To lose one son young son is hard enough but to lose both is very hard to bear. But I shall remember a much-loved go-getting young man who lived life to the full.
Andy's partner, Vanessa Cawe, 44, added (Casey, 2007):
He was a real action man. What I would call a real blue-sky thinker. He loved clay pigeon shooting and especially skiing. Boy did he speed down those black runs!
This would be followed by his favourite foods: a really hot curry and jalapeno peppers!
His aunt, Janet Carhart, 49, remembers Jon's eccentric side. She said (Caset, 2007):
He had such a quirky sense of humour. He used to have shoes with left and right on the end. I asked him why and he said: I like to keep things simple in the morning'!
Though he was frustrated by his epilepsy, Jon never let it get him down. It frustrated him. He said it got on his nerves, but he never displayed any self-pity.
References (11)
Note: I wish those affected all the best in their future. No part of this article purports to attribute blame. See our methodology page for further details of how these case summaries are constructed.
BBC News. (2005). Swimming death inquest to be held. (16th March, 09:59). Available at: http://news.bbc.co.uk/1/hi/england/essex/4353435.stm accessed 1st September 2021.
Casey, M. (2007). Tragedy strikes as family lose second son. (Thurrock Gazette, 27th June). Available at: https://www.thurrockgazette.co.uk/news/1501545.tragedy-strikes-as-family-lose-second-son/ accessed 1st September 2021.
Casey, M. (2007). Tributes to the action man who loved life. (Basildon, Canvey, Southend Echo, 28th June). Available at: https://www.echo-news.co.uk/news/local_news/1501912.tributes-to-the-action-man-who-loved-life/ accessed 1st September 2021.
Daily Gazette. (2005). Grays. Boy, 12, drowns in swimming pool. (13th March). Available at: https://www.gazette-news.co.uk/news/5426446.grays-boy-12-drowns-in-swimming-pool/ accessed 1st September 2021.
Daily Gazette. (2005). Grays. Family’s agony after boy dies in pool. (27th April). Available at: https://www.gazette-news.co.uk/news/5424662.grays-familys-agony-after-boy-dies-in-pool/ accessed 1st September 2021.
Ellis, A. (2006). Mother’s anger over inattentive lifeguards. (Echo News, 1st August). Available at: https://www.echo-news.co.uk/news/local_news/859410.mothers-anger-over-inattentive-lifeguards/ accessed 1st September 2021.
Ellis, A. (2006). Open verdict after jury hears of pool tragedy. (Thurrock Gazette, 3rd August). Available at: https://www.thurrockgazette.co.uk/news/864276.open-verdict-after-jury-hears-of-pool-tragedy/ accessed 1st September 2021.
Fish, T. (2015). Future leisure centre provision. Impulse Leisure. (Cabinet minutes, 11th March). Available at: https://democracy.thurrock.gov.uk/mgDecisionDetails.aspx?IId=3777&Opt=1 accessed 1st September 2021.
Kirby, L. (2008). Life and death drama prompts parents’ pool fear. (Thurrock Gazette, 21st February). Available at: https://www.thurrockgazette.co.uk/news/2058781.life-and-death-drama-prompts-parents-pool-fear/ accessed 1st September 2021.
Speight, N. (2006). Council to probe leisure company. (Thurrock Gazette, 10th August). Available at: https://www.thurrockgazette.co.uk/news/872249.council-to-probe-leisure-company/ accessed 1st September 2021.
Symcox, J. (2015). Watch moment mother and daughter are saved from drowning by leisure centre computer system. (Mirror, 4th March, 10:05; first published 1st March, 12:13). Available at: https://www.mirror.co.uk/news/uk-news/watch-moment-mother-daughter-saved-5252402 accessed 1st September 2021.
Citation: Jacklin, D. 2022. Case Summary: Andrew Spry. Water Incident Research Hub, 27 January.
