Case Summary: Kaimen Ward
Dec 29, 2020CASE SUMMARY
Eight-year-old Kaimen Ward went swimming at the Stone Cross Pool at Hambleton Leisure Centre, Northallerton, North Yorkshire on Wednesday 25 August 2010. He was accompanied by his twin sister, Hope-Ella, and teenagers Abigail Lawson, Jade Green and Andrew I’Anson (Northern Echo, 2011).
Kaimen’s mother, Caroline Ward, was at home and did not go to the swimming pool with her son. Kaimen was a non-swimmer and pupil of Bullamoor Junior School. He had just celebrated his eighth birthday a week earlier.
The Stone Cross Pool was a 25-metre pool supervised by three lifeguards. Kaimen was not wearing buoyancy aids, and the three teenagers, Abigail, Jade, and Andrew, were effectively acting as his supervising adult. Along with Hope-Ella, a group of five entered the pool on the afternoon of the 25 August.
At some point during the afternoon, Kaimen became separated from the group. Abigail was standing in a circle near the waterfall and noticed somebody under the water, but presumed it was a swimmer trying to hold their breath. As Andrew descended the waterslide, he spotted an object under the water, near the waterfall. Michael Ward, who shared the same surname as Kaimen but was not a relative, was also in the pool that day and a friend of the teenagers Abigail, Jade and Andrew.
Michael and Andrew entered the water near the waterfall. Michael was wearing goggles, and so he reached below the water and made contact with Kaimen under the water. At around 16:25, Michael pulled Kaimen to the surface, who was limp, blue, and unconscious (Teesside Live, 2013). Several minutes had passed since Kaimen had last been seen (Press, 2011; Northern Echo, 2011).
At the time Kaimen was recovered from the pool, there were three lifeguards on the poolside and a further two instructors preparing to start teaching swimming lessons (Northern Echo 2010). An eyewitness described the moment Kaimen was pulled out of the water (Northern Echo, 2010; Teesside Live, May 2013):
It was around the waterfall area of the pool he was pulled from. A female lifeguard jumped in and pulled him out. They worked on him at the side of the pool for about 15 minutes before the ambulance came.
Lifeguards performed CPR in an attempt to resuscitate Kaimen on the poolside. Kaimen was rushed to the town's Friarage Hospital but was pronounced dead shortly after arrival (Northern Echo, 2010). Kaimen’s mother was informed about her son’s accident by police at around 16:30 and, on arrival at the hospital was informed her son had died.
The leisure centre will remain closed tomorrow. The centre remained shut until Saturday, 28 August 2010, when it reopened at 08:30 (Northern Echo, Aug 2010). Councillor Peter Wilkinson, the district council’s cabinet member for health, said (The Press, August 2010):
There were 35-40 people in the pool at the time of the incident. I am newly appointed to the cabinet but I believe nothing like this has ever happened at the four swimming pools the council has operated since the creation of the authority in 1974. I would say our safety record is excellent and we have never had any issues to my knowledge.
Northallerton is a close-knit community and the whole town is saddened by the event. We are cooperating fully with the police and HSE investigation. The Council will be carrying out its own investigation into this tragic incident. It is not clear exactly what happened, and it is important that we get to the bottom of it. Centre staff were still providing statements to the Police when I left the centre at 20:00 yesterday evening (26th August).
Whichever way you look at it, this is a tragedy, and everybody sends their condolences to the family.
Kaimen's funeral (2010) (All Saints Church, Northallerton, 6th September)
Kaimen’s funeral was held on Monday, 6 September 2010, presided over by Reverend Danny Walker (Echo, 2010). Floral tributes to Kaimen were left outside the leisure centre, which remained closed whilst the police and HSE concluded their respective investigations. More than 150 people attended the funeral of Kaimen Ward. Mourners included pupils from Kaimen’s school, packed into All Saints Church in Northallerton.
Kaimen’s mother, Caroline Ward, wept as she paid tribute to her son. He had just celebrated his eighth birthday exactly a week before he died. Birthday cards to Kaimen and his twin sister could still be seen at the terraced home where Kaimen lived (Northern Echo, 2010). At the funeral, Caroline Ward said (Northern Echo, 2010; Echo, 2011):
We are struggling to come to terms with what has happened. It has left us completely devastated. Keenan was a lovely little chap; bubbly and popular. He loved his gadgets and computer games; he was perfect in my eyes. He was so full of life.
Kaimen had just turned 8-years-old the Wednesday before he died. He had a twin sister, Hope-Ella, and an older brother, Jordan. He was the best son and brother anyone could wish for. His sister doesn’t know why he hasn’t come home.
When the police came to tell me, they said his condition was critical. When I arrived at hospital, they took me straight into a room, and I knew he was gone.
I want answers as to how this was allowed to happen. The police have told me it is under investigation. I want to prevent this happening to another child. I want to know where the hell the lifeguards were. I was told he was under the water for 20 minutes. It was peak season at the swimming pool, so how did he go unsupervised?
I was pleased to see a good turnout and it was a very emotional service. One of Keenan’s teachers gave a speech and said how joyful Kaimen was. We would like to thank everybody for all the love and support we have received.
Sean Thomas, the headteacher at Bullamoor Junior School, where Kaimen was a pupil, attended the funeral, along with other teachers and school governors. Mr Thomas said (Walker, 2010):
Kaimen’s death was an absolute tragedy. He was a very friendly, likeable boy and a lively member of the school.
He will be greatly missed by all his classmates and children in the wider school. We are all very shocked and saddened that this has happened. There will be a huge hole left in the life of the school.
Our thoughts and deepest sympathy are with Kaimen’s family, especially Caroline, his mother, and his twin sister, Hope-Ella. They have lost a very special person. His huge smile will remain with us.
Eleven-year-old Michael Ward (not a relative of Kaimen) was one of the boys who pulled Kaimen from the pool. The tragedy brought back painful memories for Michael and his mother, as the youngster nearly drowned in an incident at a holiday camp in Scarborough when he was four. His mum said (Ward, 2010; Echo 2010; Teesside Live, May 2013):
My heart goes out to the family; I feel so, so sorry for them. I think maybe he will start to open up a bit about what has happened after the funeral. That is when the reality will start to sink in, for Michael and a lot of people. He is a strong lad, a typical 11-year-old, who has got all the support he needs.
I hope Caroline and the family get some answers. Questions obviously need to be asked, and answered, as to how this was allowed to happen. One child’s death is one death too many. The lifeguards are meant to have a close eye on the pool at all times and it should not be up to children like Michael to pull other little ones out of the pool if they get into trouble.
I hope the investigation into Kaimen’s death will provide closure for his parents, Caroline and Gavin, as well as twin sister Hope-Ella and brother Jordan.
A tribute was posted in the local newspaper from Kaimen’s grandma, grandad and older brother (Echo 2011):
In memory of our precious Grandson Kaimen Andrew. You took your place among the Angels one year ago today. With your beautiful smile, you will have stolen their hearts But in our hearts, you will always remain. Love Forever Grandma, Grandad and Jordan.
Coroner’s inquest (2011) (Unreported, 10 June, County Hall, Northallerton)
As a mark of respect, the pool was closed between 11:00-15:00 whilst the inquest took place. The three-day inquiry, which will be heard by a jury, will take place between 8-10 June at County Hall in Northallerton.
The inquest has heard Kaimen was found at the bottom of the pool towards the end of a public swimming session, as staff were preparing for swimming lessons due to take place immediately afterwards (Walker, 2011).
(i) Abigail, Jade, and Andrew (the three teenagers)
The three teenagers told the inquest they had taken Kaimen to the pool. Abigail, Jade, and Andrew differed in the accounts given to the inquest of what happened at the pool on the day of the accident. None of the three teenagers could say where Kaimen had been or who was looking after him in the moments before his death.
The teenagers had previously denied they had been drinking, but Jade Green said she and Abigail each had drunk a small glass of Lambrini white wine before setting off to the pool. Abigail admitted she had been drinking the night before but denied consuming alcohol on the day in question (Northern Echo, 2011; Teesside Live, May 2013):
The staff asked us to calm down and stop being a nuisance, or we would have to leave, because there had been some complaints. We were messing about a bit, splashing each other and making a noise.
I had drunk a small glass of wine but was not sure how much Jade had to drink.
Andrew told the inquest that he noticed something floating in the water near the waterfall whilst descending the slide. When he and Michael Ward had got into the pool to investigate, Michael had pulled Kaimen to the surface. Andrew told the inquest that he had noticed that Kaimen was not a very good swimmer, but none of the group had thought to ask for buoyancy aids for Kaimen (Teesside Live, May 2013).
(ii) Sarah Dodsworth, eye-witness
Another teenager in the pool, Sarah Dodsworth, was swimming with a friend whilst the three teenagers were in the pool. She told the inquest she thought Abigail had been drinking (Northern Echo, 2011):
She couldn’t stand straight, and she was shouting. She was a bit wobbly. I asked her if she had been drinking and she said ‘yeh’.
(iii) Paula Ferguson, Centre Manager
Centre manager Paula Ferguson accepted that there would be lessons to be learnt from the tragedy. Ms Ferguson was asked whether Hambleton District Council had considered installing equipment able to detect stationary objects on the bottom of swimming pools. Ms Ferguson said it was not something that had been looked at (Walker, 2011).
(iv) Andrew Coulthard, Duty Manager
The inquest was told the group of teenagers, Abigail, Jade, and Andrew, were warned by staff at the poolside for going down a slide in a group and for being rowdy and splashing about (Northern Echo, 2011).
Mr Andrew Coulthard, a duty officer at the centre, told the inquest that he had to speak to two of the older boys. He reported asking the two boys whether they had been drinking and had smelt their breath. He told the inquest that he had not felt comfortable checking the breath of Abigail and Jade (Walker, 2011).
(v) Rachel Danby, Swimming instructor
Swimming instructor Rachel Danby, who had given Kaimen swimming lessons in the weeks leading up to the tragedy, described the youngster as a non-swimmer. Ms Danby, who was not present on the day in question, told the inquest (Northern Echo, 2011; Teesside Live, May 2013):
I was always fearful that he was fearless. Kaimen had had six or seven lessons and was progressing slowly. He lacked balance in the water and needed extra help. Kaimen was an enthusiastic student and said he had a confidence in the water that was not matched by his swimming ability.
(vi) Amy Linton, Lifeguard
An emotional Amy Linton, who was on duty as a lifeguard at the time Kaimen drowned, told the inquest she was one of three lifeguards on poolside (The Press, 2011; Walker, 2011):
I heard a commotion coming from the pool with the waterfall. There was a group of about four people standing in a circle. They were holding Kaimen above the surface of the water.
I swam across to the group and carried Kaimen out of the pool. My colleagues and I then started attempts to resuscitate him.
The inquest was told the pool had been busy earlier in the afternoon, but it had quietened down by the time the alarm was raised (Northern Echo, 2011).
(v) Ms Caroline Ward (Kaimen’s mum)
Ms Ward told the inquest she had never taken her children swimming herself as she was afraid of water and had nearly drowned as a child. She admitted at the inquest that she was an alcoholic but maintained she had not been drinking on the day of Kaimen’s death.
(vi) Mr David Raper (Kaimen’s uncle)
Mr Raper, Kaimen’s uncle, accused Hambleton District Council, which runs the leisure centre, of "penny-pinching" over the number of lifeguards on duty the day the youngster died (Northern Echo, June 2011). Mr Raper said that more staff should have been on duty at the poolside (Northern Echo, June 2011):
The council were lacking in the number of people that should have been on poolside. I take my kids to the baths in Darlington and I cannot count on my hands how many people are walking around looking down at the pool. Kids do run around and, unfortunately, penny-pinching has caused the death of the little lad.
(vii) Coroner Michael Oakley
The jury at Kaimen’s inquest recorded a verdict of death by misadventure. It is clear from the evidence I have heard that whilst the pool was operated entirely within current guidelines, and it sometimes takes a tragedy for people to look at the procedures to see whether they can or need to be improved.
The three teenagers supposedly looking after Kaimen were lax and irresponsible. They had, in my view, been drinking and should not have been let into the swimming pool. Nevertheless, consideration should be given to the provision of extra lifeguards in free-form leisure pools. I will be making a number of safety recommendations to the council and the Department for Culture, Media and Sport, including (Northern Echo, June 2011):
(a) Banning anyone suspected of drinking alcohol from public pools.
(b) Reviewing the numbers of lifeguards, including the possibility of increasing the ratio of one lifeguard per ten swimmers.
(c) Ensuring changeover work between swimming sessions takes place when the pool is empty, so staff can spend more time on lifeguard duties.
(d) Installing blinds on windows to prevent glare from the sun.
(e) Fitting sensors to detect people with difficulty in the water.
Police and HSE investigation
The pool was closed for several days, both out of respect and to allow the investigations to take place. The local authority, Hambleton District Council, has launched an investigation and an independent safety review. Chief Executive Officer of Hambleton District Council Peter Simpson said (Northern Echo, Aug 2010):
We are conducting a thorough review. So far it appears that all our operating procedures were being followed. There were three lifeguards on duty at the time of this incident, as well as swimming instructors preparing for lessons. They were all involved and are deeply upset.
They and I have been comforted by the number of messages of support which have come in from our customers.
Phillip Morton, Deputy Chief Executive for Hambleton District Council, said (Northern Echo, 2010):
The council is sombre today and I would like to extend our deepest sympathies to the family. The accident occurred during an afternoon public swimming session which was about to changeover to swimming lessons. In addition to having three lifeguards at the side of the pool there was an additional number of swimming instructors.
We had more people than even best practice would suggest at the side of the pool at the time. All of the centre’s operating procedures were being followed at the time of the tragedy. The police will continue their investigations and until they are completed we will not know exactly what happened.
Councillor Peter Wilkinson, the council’s cabinet member for leisure, last night refuted accusations of penny-pinching. He said (Northern Echo, June 2011):
This was a tragic accident and a young boy lost his life in our pool. What exactly happened in the run-up to Kaimen’s death, we will never know, but I am confident the staff and management at the centre did everything right on that day.
The centre complies with all the current national guidelines, from the number of lifeguards on duty to the policy on the age of children allowed into the pool unsupervised, and we are pleased the coroner accepted that. We have strict policies and procedures set out and these were all complied with.
An independent review was conducted immediately after the incident by an industry expert, as well as by the Health and Safety Executive, and both concluded that it is a professionally run centre comfortably complying with all regulations.
However, the coroner wants to raise the bar nationally on health and safety in swimming pools. We have listened carefully to what he has had to say. We will consider his recommendations in detail and respond as soon as it is appropriate to do so. The council will consider the coroner's recommendations before responding to them.
Our thoughts and sympathies remain with Kaimen's family.
As a key witness to the tragedy, Michael spent more than 90 minutes being interviewed by North Yorkshire Police. Michael told officers that he first became aware something was wrong after using a waterslide at the pool. He told the police:
My friend spotted something in the deep end of the main pool. I jumped in and dived down and realised it was Kaimen. He was not moving, and his body was like jelly. That was when everybody started screaming and got the lifeguards. I pulled him up from the bottom of the pool before the lifeguards took over.
A spokesman for North Yorkshire Police said (Northern Echo, 2010):
Inquiries to determine the full circumstances surrounding the death are ongoing.
Charging decision
Criminal investigations into Kaimen’s death were carried out by North Yorkshire Police and the Health and Safety Executive. Hambleton District Council also conducted its own investigation and commissioned an independent safety consultancy to conduct a second report. A police spokeswoman said yesterday (Echo, 2011):
North Yorkshire Police can confirm that, following a full police investigation and consultation with the Crown Prosecution Service, there will be no criminal charges in relation to the death of Kaimen Ward.
A report will be prepared for HM Coroner for use at the inquest into his death.
Hambleton District Council also concluded that no individuals or poor practice had been identified in its own report or in the report produced by its independent consultant. It declined to comment further on the outcome of its investigation (Echo, 2011):
We have received the news from the police and our sympathies remain with the family over this tragic incident.
HSE Inspector Julian Franklin, who was in charge of the investigation carried out by the HSE, also concluded that no charges would be brought (Walker, 2011):
My inquiry concentrated on the arrangements for safeguarding people using the pool and generally speaking they were of the best industry standard.
As a result, no criminal charges were brought following Kaimen’s death.
Response to the Coroner’s safety recommendations
The Government pledged in 2011 to examine a series of safety recommendations drawn up by a coroner following the inquest into Kaimen’s death. The recommendations provided by Coroner Oakley would have placed increased staff costs on leisure operators due to the proposed requirements to increase lifeguard numbers. After consultation with the industry, the Government decided not to implement any further regulations in the sector (Northern Echo, June 2011).
References (57)
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.
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The Press. (2011). Lifeguard tells how she tried to help pool death boy. (10th June, 00:00). Available at: https://www.yorkpress.co.uk/news/ryedale/9077464.lifeguard-tells-how-she-tried-to-help-pool-death-boy/ accessed 21st December 2020.
The Press. (2011). No charges over Northallerton swimming pool tragedy. (27th January, 00:00). Available at: https://www.yorkpress.co.uk/news/ryedale/8816487.no-charges-over-northallerton-swimming-pool-tragedy/ accessed 21st December 2020.
The Press. (2011). Teen admits drinking wine before Northallerton swimming pool death tragedy. (9th June, 00:00). Available at: https://www.yorkpress.co.uk/news/ryedale/9073817.teen-admits-drinking-wine-before-northallerton-swimming-pool-death-tragedy/ accessed 21st December 2020.
The Times. (2010). Boy drowns at swimming pool. (26th August, 01:01). Available at: https://www.thetimes.co.uk/article/boy-drowns-at-swimming-pool-t5rhjv68mws accessed 21st December 2020.
Walker, A. (2010). Boy, 8, dies at Northallerton swimming pool. (Darlington & Stockton Times, 25th August, 00:00). Available at: https://www.darlingtonandstocktontimes.co.uk/news/8353564.boy-8-dies-northallerton-swimming-pool/ accessed 21st December 2020.
Walker, A. (2010). Funeral service for Kaimen Ward. (The Northern Echo, 7th September, 00:00). Available at: https://www.thenorthernecho.co.uk/news/8375305.funeral-service-kaimen-ward/ accessed 21st December 2020.
Walker, A. (2010). Funeral set for boy who died in pool tragedy. (The Northern Echo, 1st September, 00:00). Available at: https://www.thenorthernecho.co.uk/news/8364203.funeral-set-boy-died-pool-tragedy/ accessed 21st December 2020.
Walker, A. (2010). My bid to rescue pal from drowning. (The Northern Echo, 4th September, 00:00). Available at: https://www.thenorthernecho.co.uk/news/8372328.bid-rescue-pal-drowning/ accessed 21st December 2020.
Walker, A. (2010). Why did my little boy die? (The Northern Echo, 27th August, 00:00). Available at: https://www.thenorthernecho.co.uk/news/8357095.little-boy-die/ accessed 27th August 2020.
Walker, A. (2011). Lifeguard in tears over bid to revive pool boy. (The Northern Echo, 10th June, 00:00). Available at: https://www.thenorthernecho.co.uk/news/9076696.lifeguard-tears-bid-revive-pool-boy/ accessed 21st December 2020.
Walker, A. (2011). No criminal charges over boy’s pool death. (The Northern Echo, 25th January, 00:00). Available at: https://www.thenorthernecho.co.uk/news/8810521.no-criminal-charges-boys-pool-death/ accessed 21st December 2020.
Walker, A. (2011). Warning before boy’s pool death. (The Northern Echo, 9th June, 00:00). Available at: https://www.thenorthernecho.co.uk/news/9073310.warning-boys-pool-death/ accessed 21st December 2020.
Citation: Jacklin, D. 2020. Case Summary: Kaimen Ward. Water Incident Research Hub, 29 December.
