Case Summary: Olly Kimber
Jun 01, 2021CASE SUMMARY
On Friday, 3 March 2017, Olly Kimber (26) attended Woodlands Caravan Park in Trimingham after a day at work (Bale, 2020). At around 14:00, he swam 30 lengths in quick succession before climbing out of the pool for a short rest. Mr Kimber then re-entered the pool and swam a further length when he lost consciousness (Downes, 2020).
Mr Kimber was underwater for around five minutes before he was identified and pulled from the water by four guests at the holiday park, who then summoned help from park staff (Downes, 2020; Pringle, 2020). Park staff then provided resuscitation and summoned the emergency services. A rapid response paramedic arrived before the East Anglian Air Ambulance took him to the Norfolk and Norwich University Hospital.
Mr Kimber was successfully resuscitated but was then sedated and spent over 20 hours in a refrigeration unit in intensive care to allow his brain time to recover from the trauma. Mr Kimber was subsequently able to go on to make a full recovery.
Mrs Kimber spoke shortly after the incident (Downes, 2020):
We went to the hospital on Saturday (4th March 2017) afternoon and he was still chilled and sedated. He was shivering and they were not sure if he was fitting. It was not clear at that stage whether when Olly came around about the extent of any brain injury.
When the doctors brought Olly around it was a nerve-racking wait. When he finally did come around the doctors asked him who was visiting him and he said “It’s Mum” - I was over the moon. The doctor’s asked if he could squeeze my hand and when he could, they said the signs were promising. His smile was the best thing I have ever seen. He is just the happiest boy. I could have lost my son.
Olly is still on the cardiology ward as doctors carry out tests and have ruled out a number of possible causes for his collapse. He has received hundreds of messages from friends, family, and colleagues.
Road to recovery
Mr Kimber was a Cromer and Bradfield cricketer and fitness trainer prior to the incident (Bale, 2020). Despite having a positive outlook, Mr Kimber had not had the easiest runup to his incident in 2017. Mr Kimber said (Pringle, 2020; Frank-Keyes, 2020):
Whilst at university studying sports science, my best friend committed suicide. I became depressed, and a few years later, I became homeless and was living on his Dad's sofa.
After that, I did a lot of research into psychology and realized how much exercise can benefit mental health. So, when I was suffering from depression, I realized there was something I could do about it, I could just go on a run and I was doing a lot of fitness.
After the incident, I sat down to piece together what I wanted to do, and on that list was having my own gymnasium. About a year later, I have gifted the old post office building in Aylsham along with my business partner.
Our gym is both somewhere for people to get fit and lose weight if they want to, but it is also an open environment where they can talk about these things. I will be running a Boga class that can help people suffering from mental illness because boxing can really help you get it out and the yoga afterward can help you unwind.
Every session will end with a stretch and meditation, and we want to teach people that so they can use it in the gym or in their own time instead of needing to come to a class for it.
Almost dying just showed me how we do not know our own strength.
Investigation
North Norfolk District Council (NNDC) led the investigation that followed (BBC News, 2019; NNDC, 2019):
In the reception area, screens showing the live stream were not visible unless staff wheeled their chairs back and looked up. The live stream was one of 16 tiny images on screens in offices at the holiday park, with one of the screens wrongly adjusted so only a fraction of the pool was visible.
The system failed completely when sunlight caused so much glare on the surface of the water that the image became a whiteout. We also have concerns the advice given to Woodlands in respect of the adequacy of the systems in place for pool supervision was inadequate.
NNDC charged Woodland Caravan Site (Trimingham) and Mr Alan Baugh (t/a Foley and Baugh Associates) with a single breach of s.3(1) HSWA 1974, contrary to s.33(1)(a) (Bale, 2020).
R v Woodland Caravan Site (Trimingham) Ltd and Mr Alan Baugh (t/a Foley and Baugh Associates) (2020) Cambridge Magistrate’s Court
The case first appeared at Cambridge Magistrate’s Court. Woodland Caravan Site Ltd was charged with a single count of a breach of s.3(1) HSWA 1974 on account of exposing swimmers to the risk of drowning between 12th March 2015 and 1st April 2017, contrary to section 33(1)(a) (Bale, 2020; Frank-Keyes, 2020).
Mr Alan Baugh was a sole trader (t/a Foley and Baugh Associates). Baugh Associates provided health and safety consultancy and advice services to Woodlands (Frank-Keyes, 2020). As such, Foley and Baugh were charged with a single count of a breach of s.3(1) HSWA 1974 on account of exposing swimmers to the risk of drowning between 1st December 2015 and 1st April 2017, contrary to section 33(1)(a) (Bale, 2020; Frank-Keyes, 2020).
The case was then adjourned (Bale, 2020). No pleas were entered at this hearing.
Plea
On 15 March 2019, Woodlands and Baugh Associates appeared at Norwich Magistrates Court, where they both pleaded guilty to the s.3(1) charge (Downes, 2020; NNDC, 2019; Local Government Lawyer, 2019; BBC News, 2019). District Judge Nicholas Watson adjourned the case to allow the parties time to prepare mitigation for sentencing. Both offenders were granted unconditional bail (Frank-Keyes, 2020).
Sentencing
On Friday, 20 September 2019, at Chelmsford Magistrates Court, Woodlands and Foley and Baugh associates were sentenced by District Judge John Woollard. Mr Pascal Bates, Six Pump Court, was prosecuting on behalf of the NNDC. Mr James Buchanan, 2 Hare Court, appeared for the first defendant, Woodland, and Mr Duncan Astill, Partner at Mills & Reeve, appeared for the second defendant, Alan Baugh (Frank-Keyes, 2020).
Woodlands was ordered to pay a fine of £73,000 and costs of £30,000, plus a victim surcharge of £120 (BBC News, 2019). Foley and Baugh were ordered to pay a fine of £2,017 plus costs of £3,120 (Downes, 2020).
Post-sentencing remarks
Leader of NNDC, Sarah Bütikofer, said following the sentencing hearing (Downes, 2020; BBC News, 2019; Frank-Keyes, 2020):
I hope that this outcome demonstrates the importance of all businesses ensuring the health and safety of their customers, especially in swimming pools where the risks are well known and the need for effective supervision is absolutely necessary.
The safety of the public is of paramount importance. Any swimmer, however experienced, may get into difficulty, and pool operators' pool supervision arrangements must be sufficient for the circumstances of their pools.
The outcome for the swimmer could have been very different had it not been for the commendable actions of the members of the public in the pool at the time.
This prosecution shows how seriously the council will treat incidents where standards have not been met. Commercial operation of a swimming pool requires a rigorous approach to public safety, and advice and guidance should be sought from a proven specialist where need be.
Mr Andrew Hird, from Woodlands, said (Downes, 2020):
Woodland holiday park has in its very early admission of guilt recognized that in this instance the paperwork specifically associated with the swimming pool failed under scrutiny to meet the highest levels of the health and safety standard.
Since the incident and following our full co-operation with the investigative authorities alongside a rigorous internal review the company has implemented completely new normal and emergency operating procedures and has welcomed many thousands of guests to our leisure facilities.
References (8)
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.
Bale, D. (2020). Firms charged after swimmer nearly drowned at pool. (North Norfolk News, 11th October; first published 11th February 2019). Available at: https://www.northnorfolknews.co.uk/news/firms-in-court-after-man-nearly-drowned-at-holiday-park-1632576 accessed 3rd March 2021.
BBC News. (2019). Norfolk holiday park fined after man nearly drowns. (27th September). Available at: https://www.bbc.com/news/uk-england-norfolk-49843679 accessed 3rd March 2021.
Downes, S. (2020). Holiday park fined £100,000 after man almost drowned in pool. (Eastern Daily Press, 9th October; first published 26th September 2019). Available at: https://www.edp24.co.uk/news/crime/park-fined-100-000-for-near-drowning-1453470 accessed 3rd March 2021.
Downes, S. (2020). Mum’s joy as Cromer and Bradfield cricketer Olly Kimber fights back after being pulled unconscious from swimming pool. (Eastern Daily Press, 10th October; first published, 7th March 2017). Available at: https://www.edp24.co.uk/news/mum-s-joy-as-cromer-and-bradfield-cricketer-olly-kimber-978690 accessed 3rd March 2021.
Frank-Keyes, J. (2020). Firms admit health and safety breaches after swimmer Olly Kimber nearly drowns. (Eastern Daily Press, 11th October; first published, 15th March 2019). Available at: https://www.edp24.co.uk/news/firms-health-safety-breach-conviction-woodland-holiday-park-alan-baugh-1633766 accessed 3rd March 2021.
Local Government Lawyer. (2019). Caravan site business ordered to pay £100k+ following council-led prosecution over swimming pool incident. (30th September). Available at: https://localgovernmentlawyer.co.uk/regulatory-and-enforcement/406-regulatory-news/41558-caravan-site-business-ordered-to-pay-100k-following-council-led-prosecution-over-swimming-pool-incident accessed 3rd March 2021.
NNDC. (2019). Successful prosecution by North Norfolk District Council following swimming pool safety failures. (North Norfolk District Council, 15th March). Available at: https://www.north-norfolk.gov.uk/news/2019/march/successful-prosecution-by-north-norfolk-district-council-following-swimming-pool-safety-failures/# accessed 3rd March 2021.
Pringle, E. (2020). Man who beat depression and almost drowned opens new gym in Norfolk market town. (Eastern Daily Press, 10th October; first published, 20th March 2018). Available at: https://www.edp24.co.uk/news/aylsham-post-office-reopens-as-gym-1176922 accessed 3rd March 2021.
Citation: Jacklin, D. 2021. Case Summary: Olly Kimber. Water Incident Research Hub, 1 June.
