Case Summary: Daniel Cummings
Mar 18, 2021CASE SUMMARY
On 24 August 1997, Daniel Cummings was 6 years old when he was on holiday with his mum at the Pentire Hotel in Newquay. That afternoon, Daniel and his mum used the hotel swimming pool and around 20 other pool users. Daniel could swim but spent most of his time in the separate small children’s pool with another child whilst his Mum was swimming in the main pool, checking on him after each length. The pool was used by hotel residents and guests.
The pool was equipped with a security gate but did not have constant poolside supervision by a lifeguard in place. The pool admission policy stated that children must be accompanied by an adult.
At around 16:40, Daniel’s Mum swam back towards the children’s pool but realised she could not see Daniel. She asked a lady that was seated at the children’s pool where he had gone, but the lady didn’t know. Daniel’s Mum immediately began to search the pool area for him. When she could not find Daniel, she alerted a staff member at the main hotel reception, as there were no staff present in the pool area, to support the search. By this time, many other pool users were also searching. Despite his mum and other pool users checking the water several times, a swimmer eventually discovered Daniel at the bottom of the pool.
Daniel was recovered from the pool, and staff began CPR. Paramedics arrived shortly after, and he was taken to Treliske Hospital in Truro via an air ambulance. Daniel was pronounced dead shortly after his arrival at Treliske Hospital.
Daniel’s death came only five days after Joshua Curtis-Moore drowned at the Castaways Beach Hotel pool located nearby at Porth. An investigation was launched by the police and led by Detective Inspector Dave Rowe to establish the circumstances around the two boys’ deaths. The pool water at the Pentire Hotel was subsequently found to be unacceptably cloudy and had not been checked in line with official guidance, thus contributing to the delays in spotting Daniel in the water.
R v Michael Westmore (1999) (2 March)
Restormel District Council charged hotel owner (sole trader) Michael Westmore with a breach of s.3(1) HSWA 1974. He was convicted and fined £8,000 and ordered to pay £2,000 towards the prosecution’s costs.
References (2)
Note: I would like to thank Daniel's mum, Pat, for supporting the detail within this account and 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.
Bence, D. (2000). Newquay pools claim two lives (The Caterer, 1 January). Available at: https://www.thecaterer.com/archive/newquay-pools-claim-two-lives accessed 20th December 2020.
The Guardian. (1999). News in brief. (2 March, 04:06). Available at: https://www.theguardian.com/uk/1999/mar/02/1 accessed 20th December 2020.
Citation: Jacklin, D. 2021. Case Summary: Daniel Cummings. Water Incident Research Hub, 18 March.
