Case Summary: Suraj Mall
Feb 26, 2021CASE SUMMARY
Suraj Mall was an eight-year-old boy who was taken by his mum, Lajla Kaur, along with his three siblings to the Wolverhampton Swimming and Fitness Centre on the afternoon of Sunday 10th February 2008. The visit to the pool was a school half-term treat for the family (Mail Online, 2008). The youngsters had been so excited about the trip that they rushed into the pool (Express & Star, 2013). Ms Kaur had told them to stay together (News Today, 2011). The oldest child was 13 (Express & Star, 2013).
Lajla Kaur attended a brief gym induction whilst her four children used the swimming pool. When she returned from her induction, she peered through a glass window and saw Suraj along with her other three children playing in the pool. She then went to change her clothes to join the children in the pool (Express & Star, 2013).
Ms Kaur described her next few moments (Mail Online, 2013; SWNS, 2013; Kendrick, 2015; Express & Star, 2013):
I went to get change for a locker and when she returned to the window to look for her children, she noticed Suraj was missing. Suraj wasn’t there and I kind of panicked. When I got the children’s attention, they couldn’t hear me through the glass. When they did finally understand they pointed towards the changing room. I then heard the alarm and people were coming out of the pool.
Suraj wasn't there and I kind of panicked. When I got the children's attention they couldn't hear me through the glass. When they did finally understand they pointed towards the changing room. Then I heard the alarm and people were coming out of the pool.
It was when she was getting change for a locker from staff at reception that she saw a mass of people gathered by the poolside. Her son Suraj was at the centre of the crowd as efforts were made to resuscitate him.
Suraj got into difficulty in the deep end of the pool at around 16:45, undetected by poolside lifeguards (Smith, 2012). One of the lifeguards on the poolside, Kelly Woods (31 years old), had responsibility for the zone of the pool where Suraj got into difficulty. As Suraj got into difficulty, Ms Woods was distracted by a customer who had engaged Ms Woods in conversation at her lifeguard post (Mail Online, 2013). That customer was Barry King, and the conversation was alleged to be closer to ninety seconds than 15 minutes, as the prosecution witnesses alleged (Kjellsson, 2013; Mail Online, 2013).
King said (News 18, 2013; Express & Star, 2013; Mail Online, 2013; Kendrick, 2015):
Ms Woods had recently helped me out when I had run out of money for a locker. We were talking but it was a one-sided conversation. She was concentrating on her job and I don't think I distracted her. Her attention was on the pool throughout the conversation.
Mr King later said he was asking Ms Woods about the appropriate length of his swim shorts due to having previously been told they were too short. It was accepted that Ms Woods did not know Mr King. Ms Woods later admitted she had not been able to keep her full attention on the pool but had been keeping her eyes on the pool during that conversation (Kjellsson, 2013; Birmingham Live, 2013).
Ms Wood's attention was then drawn to two girls (Express & Star, 2013). The girls, aged 10 and 12 years of age, had spotted Suraj in the water. The 10-year-old girl, who was a weak swimmer, had alerted her 12-year-old sister said, “there's something wrong with that boy,” before getting herself to safety at the shallow end.
The girls had initially thought Suraj was playing a game (News Today, 2011). The older sister had then approached Suraj, who was face-down in the deep end of the pool and described raising Suraj’s arm and seeing it flop back into the water. The older sister knew Suraj was in trouble and went to alert Ms Woods (Express & Star, 2013).
They alerted Woods, who then rescued and recovered Suraj to the poolside with the assistance of fellow lifeguard Laura Kane (News 18, 2013; Express & Star, 2013). Suraj was not breathing and was supported by her lifeguard colleagues Natalie Emery, and she commenced CPR. Suraj was taken to the New Cross Hospital (BBC News, 2008). Suraj was pronounced dead in the hospital the same day (Mail Online, 2013; News Today, 2011; BBC News, 2008; Mail Online, 2008).
The family released a statement which was read by West Midlands Police Family Liaison Officer, Detective Constable Gary Edwards (Mail Online, 2008; BBC News, 2008):
Suraj was definitely mummy's sunshine and daddy's little helper. He was a very active and intelligent boy who particularly enjoyed reading. He would read to all members of his family and also did extremely well in maths and enjoyed football. Suraj had a special place in everyone's hearts.
He was very protective of his younger brother and both received and gave a lot of loving memories to his sisters. He had a great sense of humour and when he laughed, he would make you laugh with him too. Suraj, we cannot express in words how much we miss you. Life will never be the same.
We just want to thank you for giving us eight years of love and beautiful memories, may your sweet little poor soul rest in peace our son. Love always mum, dad, your sisters, your younger brother, grandparents, uncles, aunties and all the nearest and dearest. Love you always.
Coroner’s Inquest (2011) (Wolverhampton Civic Centre, 18th September)
Shortly after the incident occurred, Coroner Richard Allen opened the inquest into Suraj’s death at Wolverhampton Civic Centre. The inquest was immediately adjourned (standard practice) to enable a date to be fixed (Mail Online, 2008; BBC News, 2008).
The inquest was heard on the 18th of September 2011 at the Wolverhampton Civic Centre by Coroner Richard Allen. The inquest heard an impact statement from Suraj’s family, which read (News Today, 2011):
Suraj would read to all members of his family and enjoyed football. Suraj had a special place in everyone’s hearts. He was very protective of his younger brother and both received and gave a lot of loving memories to his sisters. He had a great sense of humour and when he laughed, he would make you laugh with him too.
We just want to thank you for giving us eight years of love and beautiful memories, may your sweet little poor soul rest in peace our son. Love always mum, dad, your sisters, your younger brother, grandparents, uncles, aunties and all the nearest and dearest. Love you always.
The inquest was told that a young girl had swum past Suraj whilst he was in the deep end and had thought he was pretending to be dead. After watching Suraj for a short while, she became concerned that he wasn’t moving and tried to lift his arm out of the water, but it just flopped back into the pool (News Today, 2011). It was at that moment that the lifeguards initiated a rescue.
The inquest heard that Suraj had never swum in the deep end of the pool before and had only recently been learning to swim. The results of the post-mortem concluded that Suraj had drowned. The jury yesterday returned a verdict of accidental death (Smith, 2012). Coroner Richard Allen said:
May I take this opportunity to express my sincerest sympathies over the loss of Suraj.
Investigation
An investigation was launched by the Police, HSE, DC Leisure (the operator of the swimming pool) and an internal investigation by the local authority Wolverhampton City Council (who owned the facility). A spokesman for DC Leisure, which runs the swimming pool, said (Mail Online, 2008; BBC News, 2008):
At approximately 16:30, a boy was recovered from the leisure pool and resuscitation was given by lifeguards. Paramedics attended and the casualty was taken to hospital. The police later confirmed he had died.
We will be co-operating fully with the investigation. Our deepest sympathy is extended to the family of the deceased.
West Midlands Police took the decision to conclude their investigation and hand the case over to the HSE to continue to investigate. The HSE took the decision in 2013 to charge one of the on-duty lifeguards, Kelly Woods, with a breach of s.7 HSWA 1974 (Express & Star, 2013). Ms Woods was granted unconditional bail. No charges were brought against the operator or any other individuals connected with the incident.
R v Kelly Woods (2013) (16-23 April, Wolverhampton Crown Court)
30-year-old lifeguard, Ms Kelly Woods, appeared at Wolverhampton Magistrates Court charged with one count of a breach of s.7(1) HSWA 1974 on 15 May 2012 (Express & Star, 2012). Ms Woods pled not guilty, and the case was committed to Wolverhampton Crown Court for trial in 2013. Ms Woods was granted unconditional bail.
Ms Woods appeared at Wolverhampton Crown Court on the 16 of April 2013 (Kjellsson, 2013; SWNS, 2013; Express & Star, 2013). Ms Woods was charged on grounds that she failed to take reasonable care of the safety of users of the pool, including but not limited to Suraj Mall, whilst on duty as a lifeguard.
Mr James Puzey of St Phillips Chambers was prosecuting and opened the case by summarising for the jury the prosecution case (Mail Online, 2013; SWNS, 2013; Kjellsson, 2013; Express & Star, 2013):
Ms Woods was a lifeguard, and her job was to look after people who came to swim at the public pool.
Customers are at risk if the lifeguard allows themselves to become distracted. It is fundamental to what they do that their whole attention must be focused on the pool.
She was at work and got talking to a customer while she was on duty. A few minutes later a boy, Suraj Mall, was found floating face down in the water.
The defendant was stood talking to a customer for 15-minutes and failed to notice the child was drowning then dived into the pool to try to save the schoolboy. You failed in your duty as a lifeguard to give your full attention to swimmers.
The young girl who discovered Suraj in the pool has her identity protected for legal reasons. Both girls' video interviews with police in the wake of Suraj's death were played in court, and they both answered questions via video link yesterday. As the police interview was played for the benefit of the court, sobs could be heard from Suraj’s family in the public gallery (Express & Star, 2013):
The boy was rocking in the water when I swam past him. His head was under the water, facing towards the deep end. His legs were underneath his arms. I lifted the boy’s arm and it flopped back down into the water. There was bubbly foam coming out of his mouth. His eyes were open and really white. I was panicking. He didn't look like he was breathing.
The lifeguard was standing talking to a man. I called her and said excuse me. She didn't hear me. She heard me the second time. There were lots of people talking so I had to shout. Then the lifeguard dived in and picked the boy up and carried him to the poolside in her arms. He didn't have armbands on.
His mum was where my aunty was watching us. She shouted, “that's my son, that's my son.
The court heard testimony from five lifeguards who were on duty the day Suraj died. 24-year-old lifeguard Natalie Emery told the court (Mail Online, 2013; SWNS, 2013; News 18, 2013; Express & Star, 2013):
Lifeguards took half-hour shifts overseeing one area of the centre and the most recent changeover had occurred at 16:30 which was 19 minutes before the 999 call was made to report the drowning. Conversations with customers of more than two minutes were not permissible. I noticed Kelly was talking to a gentleman. It was for between 10 and 15 minutes.
Lifeguard Laura Kane (Express & Star, 2013; News 18, 2013; Kendrick, 2015):
I dived into the pool to help Kelly who was already in the water. I estimate Kelly and Mr King's conversation as having been more than five minutes.
The customer who was in conversation with Ms Woods was Barry King. He told the court (Mail Online, 2013):
We were talking for just a couple of minutes. I went over to chat with her about a previous incident in which he had been told the shorts he wore were too long to swim in. She was concentrating on her job. I don’t think I distracted her.
HHJ Amjad Nawaz directed the jury as to the issues they must determine in order to reach their verdict. The jury returned a unanimous not guilty verdict after four and a half hours of deliberation (Birmingham Live, 2013). Woods wept as the verdict was read out (Kjellsson, 2013). Five years had elapsed since the death of Suraj for Ms Woods to be cleared of all charges (Outer Temple, 2013; News 18, 2013). Following the verdict, HHJ Amjad Nawaz said to Ms Woods (Kjellsson, 2013):
In so far as the past five years are concerned, I hope you are able to put it behind you and get on with your life. This verdict is no reflection on anybody at all. The Mall family have conducted themselves with exceptional courage and grace throughout.
Response to the judgment
The trial was attended by Suraj’s mother, Mrs Lajla Kaur, his father Nirmal Mall, his grandfather Balbir Chand Badhan, and his aunt Pam Badhan. The family released a statement saying said (Express & Star, 2013; Birmingham Live, 2013; Kjellsson, 2013):
It has been the worst day of our entire lives and has left a big hole in the hearts of all our family. Suraj was our first son, the first grandson to his grandparents, the first nephew to his aunties and uncles and the first beautiful baby brother to his older sisters.
He was the light of all our lives, now he's gone we will always feel that emptiness inside. This is something we have to live with forever. Suraj and his sisters used to attend swimming lessons regularly every week. Since the accident, everything changed.
One of our daughters was an enthusiastic swimmer. She wanted to become a competitive swimmer. As a result of what happened, we stopped her and the other children from going swimming for five years following the accident. It is only recently that we have allowed our children to go to other swimming pools. Suraj will never be forgotten, his laughter will echo through our hearts forever.
He was such a happy boy, despite all the negatives he sometimes had with his eczema, he adored life and always made the most of his days. He was just like every other eight-year-old boy, he loved to play football with his grandad, loved to go out with his family and took part in all the school activities.
Suraj had been mummy's sunshine and daddy's little helper. He was a very active and intelligent boy who enjoyed reading, doing maths, and playing football. Suraj will never be forgotten, we will remember him forever, but our lives will never be the same again. It is just painful to know we will never be able to see him laughing, playing and living his life, that we will never be able to hold him in our arms and give him a cuddle.
The best we can hope is that lessons from the tragedy will help keep swimmers safe in the future.
HSE Inspector Amy Kalay, who led the investigation and case against Ms Woods, said (Kjellsson, 2013; Birmingham Live, 2013):
However disappointed we are with the verdict, this prosecution will reiterate to lifeguards, leisure centres and pool owners worldwide of the importance of constant vigilance when looking after swimmers in their care.
References (28)
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. (2008). Boy dies after swimming accident. (11th February, 21:38). Available at: http://news.bbc.co.uk/1/hi/england/west_midlands/7239587.stm accessed 31st January 2021.
BBC News. (2008). Tributes paid to pool death boy. (15th February, 13:23). Available at: http://news.bbc.co.uk/1/hi/england/west_midlands/7246952.stm accessed 31st January 2021.
BBC News. (2008). Tributes paid to pool death boy. (15th February, 13:23). Available at: http://news.bbc.co.uk/1/hi/england/west_midlands/7246952.stm accessed 31st January 2021.
Birmingham Live. (2013). Lifeguard cleared over boy’s death at swimming pool. (1st May, 08:23; 1st May, 07:47). Available at: https://www.birminghammail.co.uk/news/local-news/suraj-mall-lifeguard-kelly-woods-3310140 accessed 31st January 2021.
Business Standard. (2013). Indian-origin boy drowned as lifeguard was not alert. (20th April, 19:35 IST). Available at: https://www.business-standard.com/article/news-ians/indian-origin-boy-drowned-as-lifeguard-was-not-alert-113042000445_1.html accessed 31st January 2021.
Express & Star. (2012). Lifeguard appears at court. (16th May, 00:00). Available at: https://www.expressandstar.com/news/2012/05/16/lifeguard-appears-at-court/ accessed 31st January 2021.
Express & Star. (2013). Express on trial after boy drowns in Wolverhampton swimming pool. (16th April, 00:00). Available at: https://www.expressandstar.com/news/2013/04/16/lifeguard-on-trial-after-boy-drowns-in-wolverhampton-swimming-pool/ accessed 31st January 2021.
Express & Star. (2013). Lifeguard says she gave Wolverhampton pool full attention. (25th April, 00:00). Available at: https://www.expressandstar.com/news/2013/04/25/lifeguard-says-she-gave-wolverhampton-pool-full-attention/ accessed 31st January 2021.
Express & Star. (2013). Lifeguard was talking to customer before death of boy, court told. (19th April, 00:00). Available at: https://www.expressandstar.com/news/crime/2013/04/19/lifeguard-was-talking-to-customer-before-death-of-boy-court-told/ accessed 31st January 2021.
Express & Star. (2013). Light of our lives has gone out, say Wolverhampton pool tragedy family. (30th April, 00:00). Available at: https://www.expressandstar.com/news/2013/04/30/light-of-our-lives-has-gone-out-say-wolverhampton-pool-tragedy-family/ accessed 31st January 2021.
Express & Star. (2013). Wolverhampton lifeguard did not hear schoolgirl’s cry as she found tragic boy. (24th April, 00:00). Available at: https://www.expressandstar.com/news/2013/04/24/wolverhampton-lifeguard-did-not-hear-schoolgirls-cry-as-she-found-tragic-boy/ accessed 31st January 2021.
Express & Star. (2013). Wolverhampton lifeguard tells of moment boy was found face down in pool. (24th April, 00:00). Available at: https://www.expressandstar.com/news/2013/04/24/wolverhampton-lifeguard-tells-of-moment-boy-was-found-face-down-in-pool/ accessed 31st January 2021.
Kendrick, K. (2015). Boy, 8, drowned in swimming pool as lifeguard chatted, court told. (22nd May, 00:00; first published 14th August, 12:49). Available at: https://www.huffingtonpost.co.uk/2014/08/14/boy-8-drowned-in-swimming-pool-as-lifeguard-chatted-court-told_n_7367622.html accessed 31st January 2021.
Kjellsson, L. (2013). Lifeguard who thought eight-year-old boy was messing around as he drowned in swimming pool is cleared of failing to supervise swimmers. (Mail Online, 1st May, 17:40; first published 1st May, 11:55). Available at: https://www.dailymail.co.uk/news/article-2317607/Suraj-Mall-Lifeguard-thought-year-old-boy-messing-drowned-swimming-pool-cleared-failing-supervise-swimmers.html accessed 31st January 2021.
Lay, K. (2013). Boy drowned while lifeguard was chatting. (20th April, 01:01). Available at: https://www.thetimes.co.uk/article/boy-drowned-while-lifeguard-was-chatting-bgt2qlp20tg accessed 31st January 2021.
Mail Online. (2008). Schoolboy, 8, who died on a family day out remembered as mummy’s sunshine. (15th February, 12:59). Available at: https://www.dailymail.co.uk/news/article-514690/Schoolboy-8-died-family-day-remembered-mummys-sunshine.html#ixzz1xi5wPPev accessed 31st January 2021.
Mail Online. (2013). Eight-year-old boy drowned in a pool because the lifeguard was chatting to a swimmer for 15 minutes. (20th April, 00:44; first published 19th April, 15:55). Available at: https://www.dailymail.co.uk/news/article-2311695/Suraj-Mall-Boy-8-drowned-pool-lifeguard-Kelly-Woods-talking-swimmer-15-minutes.html accessed 31st January 2021.
NDTV. (2013). Indian boy drowned in pool while UK lifeguard chatted. (21st April, 12:07 IST). Available at: https://www.ndtv.com/india-news/indian-boy-drowned-in-pool-while-uk-lifeguard-chatted-report-519709 accessed 31st January 2021.
News 18. (2013). Indian boy drowned in pool while UK lifeguard chatted. (20th April, 21:57 IST). Available at: https://www.news18.com/news/india/indian-boy-drowned-in-pool-while-uk-lifeguard-chatted-604308.html accessed 31st January 2021.
News Today. (2011). Children battled to save drowning 8-year-old. (19th September, 00:00). Available at: https://www.newstoday.co.uk/2011/09/children-battled-to-save-drowning-8-year-old/ accessed 31st January 2021.
Outer Temple Chambers (2013). Ben Compton QC has successfully defended a lifeguard involved in a swimming pool tragedy. (10th May, 00:00). Available at: https://www.outertemple.com/2013/05/ben-compton-qc-successfully-defended-lifeguard-involved-swimming-pool-tragedy/ accessed 31st January 2021.
Rose, K. (2015). Lifeguard thought drowning boy was messing around. (Huffington Post, 22nd May; first published 14th August 2014). Available at: https://www.huffingtonpost.co.uk/2014/08/14/lifeguard-thought-drowning-boy-was-messing-around_n_7367336.html accessed 31st January 2021.
Smith, R. (2012). Lifeguards thought dying pool boy was playing dead. (7th February, 19:24; first published 17th September, 00:00). Available at: https://www.mirror.co.uk/news/uk-news/lifeguards-thought-dying-pool-boy-154138 accessed 31st January 2021.
SWNS. (2013). Boy, 8, drowned in swimming pool because lifeguard was not paying attention. (19th April, 00:00). Available at: https://stories.swns.com/news/boy-8-drowned-swimming-pool-lifeguard-paying-attention-34376/ accessed 31st January 2021.
Tomlinson, S. (2013). Lifeguard thought eight-year-old boy was messing around as she watched him drown in front of her. (Mail Online, 25th April, 16:54; 25th April, 16:38). Available at: https://www.dailymail.co.uk/news/article-2314747/Suraj-Mall-Lifeguard-thought-boy-8-messing-watched-drown-her.html accessed 31st January 2021.
Tyler, C. (2013). Suraj Mall, 8, drowned while lifeguard was chatting with mate. (DB Techno, 20th April, 00:00). Available at: https://www.dbtechno.com/curiosity/2013/04/20/suraj-mall-8-drowned-while-lifeguard-was-chatting-with-mate/ accessed 31st January 2021.
UPI. (2013). Prosecutor. Lifeguard talked instead of watching pool when boy drowned. (20th April, 10:46). Available at: https://www.upi.com/Top_News/World-News/2013/04/20/Prosecutor-Lifeguard-talked-instead-of-watching-pool-when-boy-drowned/40211366469194/?ur3=1 accessed 31st January 2021.
Willis, A. (2013). Boy, eight, drowned while lifeguard chatted to customer. (The Telegraph, 19th April, 15:05). Available at: https://www.telegraph.co.uk/news/uknews/law-and-order/10005995/Boy-eight-drowned-while-lifeguard-chatted-to-customer.html accessed 31st January 2021.
Citation: Jacklin, D. 2021. Case Summary: Suraj Mall. Water Incident Research Hub, 26 February.
