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Case Summary: Zainab Yusuf

Jan 31, 2021

CASE SUMMARY

Zainab Yusuf was 20 months old when she was taken by her parents, along with her sister Zara, who was six months old, to the Esporta Health Club at the Lowry Outlet Mall at Salford Quays in Greater Manchester on Sunday afternoon on 10 July 2011. Mr Zakary Yusuf and Mrs Princess Yusuf took their daughters to attend Children’s Splash Time, a session aimed at helping children to get used to the water. The parents arrived at the class late as they struggled to find a parking space and joined into the last 30 minutes of the session (Bond, 2012).

Mrs Yusuf was not a confident swimmer and decided to stay by the poolside. Mr Yusuf entered the water with Zainab and Zara. However, after being in the water for 10 minutes, Zainab wanted to get out. Mrs Yusuf sat with Zainab on the side of the pool splashing at the water's edge to encourage Zainab (Bond, 2012).

There was no family changing facilities at the club. Both parents decided to dry and dress Zainab and Zara on the poolside. Once Zainab was dressed, Mr Yusuf took Zainab into the male changing rooms so that he could get change, leaving Zara with Mrs Yusuf (Bond, 2012; Keeling, 2013). Whilst Mr Yusuf was showering, he could see Zainab peering around the corner, but there were no doors preventing access back onto the poolside. As Mr Yusuf left the shower to get changed, Zainab said “Mama” and ran towards the pool. Mr Yusuf thought his wife had changed Zara and was taking Zainab to the reception. He was mid-way through changing at the time and so hurried to put his boxer shorts on and rush through to the poolside. He glanced around the poolside and at the pool but couldn’t see any sign of Zainab. He assumed she was with his wife and daughter at the reception; tragically, that assumption had fatal consequences for Zainab (Bond, 2012).

Zainab next moves were caught partially on CCTV. She entered the poolside, approaching the pool, and could be seen splashing her hands in the water. She then moved around the pool edge to a part of the pool obscured on the CCTV by a pillar. It was in this part of the pool that Zainab fell into the water. At the time Zainab fell into the pool, a male swimmer was also in the pool but does not spot Zainab is in trouble. As a weak swimmer, Zainab could not support herself in the water or get to safety for long. On the CCTV, she can be seen displaying a doggy paddle-type movement before drowning (Bond, 2012). The male swimmer, unaware of Zainab in danger, gets out of the pool at the far end and is on the poolside when Zainab’s father enters the poolside a few moments later before returning to the changing rooms assuming Zainab is with her mother. Zainab was on the bottom of the pool for six minutes before she was discovered by her father.

Meanwhile, Mrs Yusuf got Zara changed and then waited at reception for Mr Yusuf to finish changing so they could go home (Tozer, 2011). When Mr Yusuf emerged from the changing rooms without Zainab, the family raised the alarm and ran to find her (Manchester Evening News, 2013). Mr Yusuf had thought Zainab was with Mrs Yusuf and Zara at reception whilst he had changed. Mr Yusuf rushed back to the poolside. When the family entered the poolside, Zainab could be seen on the bottom of the pool. Mr Yusuf jumped in, fully clothed, to bring Zainab to the side (Manchester Evening News, 2013).

Mr Yusuf and a doctor who was using the facilities at the time tried to resuscitate Zainab (Bond, 2012). A call was made by Esporta club staff to police and paramedics at around 16:40 (BBC News, 2011). When the ambulance arrived, it took Zainab to Salford Royal Hospital. Shortly after arrival at the hospital, Zainab was pronounced dead (Tozer, 2011; Keeling, 2013; Mirror, 2012).

 

Coroner’s inquest (2012) (Bolton Coroner’s Court, 12 January)

The jury inquest into Zainab’s death was held at Bolton Coroner’s Court, led by Salford Coroner Ms Jennifer Leeming. On 12 January 2012, the jury recorded a verdict of accidental death.

The hearing was told there were warning signs near the pool outside the changing rooms saying the poolside was not constantly monitored. Mr Nick Sear, a council health and safety officer, explained to the inquest that the health club was not in breach of any safety regulations as it was not required by law to provide poolside supervision. Salford Coroner Ms Jennifer Leeming said (Manchester Evening News, 2013; Bond, 2012):

The incident in July last year was hugely distressing. This was nothing more than a completely tragic, terrible accident.

I don't think there is a person in this court whose heart has not gone out to you. Please accept all of our most sincere condolences for your daughter's death. It is so clear to me what a close loving family you are. Thank you for coming, it must have been very difficult. Thank you for all your help.

Zainab’s father, Zakary Yusuf, said (BBC News, 2011):

She was such a happy child, bright and loving, with a smile that could light up a room. Zainab could never be replaced and will always be in our hearts. Zainab was a much-loved little girl and will be sorely missed by all her family and friends.

 

Investigation

An Esporta spokesperson said (BBC News, 2011; Independent, 2011; BBC News, 2011; Tozer, 2011; Mirror, 2012; Keeling, 2013; Sky News, 2011):

At this terrible time, our thoughts and wishes are with the family affected. We can confirm that, due to a serious incident, the Esporta club at Salford Quays was closed on Sunday to allow for an investigation to take place - it will remain closed throughout Monday.

We can confirm that, due to a serious incident, the Esporta club at Salford Quays was closed on Sunday to allow for an investigation to take place. It will remain closed throughout Monday. Due to the nature of the investigation, we are unable to give any details regarding the event, and we apologise to members for any inconvenience caused by the closure. At this terrible time, our thoughts and wishes are with the family affected.

Due to the nature of the investigation, we are unable to give any details regarding the event, and we apologise to members for any inconvenience caused by the closure.

Gym member Paul Bowden said (Tozer, 2011; Keeling, 2013):

I was going to book a class at around 16:40 when I saw paramedics, four police cars, and a fire engine at the scene. A doctor who was a member at the gym was trying to resuscitate the child before she was passed to a paramedic who administered oxygen and then carried the child to an ambulance.

The mother was hysterical and she was escorted by police to a vehicle. The receptionist from the gym was in tears.

The pool at the club is 1.2 metres deep except for an area which is 1 metre. The distance from the pool to the changing rooms is very short, and it is just an opening, not a door. Sunday afternoons in the pool are normally reserved for families.

Shortly after the incident, a spokesman for Greater Manchester Police gave a statement (Independent Ireland, 2011; Mirror, 2012; Daily Record, 2012; Belfast Telegraph, 2011; Independent, 2011; Sky News, 2011; BBC News, 2011):

At 16:40 on Sunday 10 July 2011, police were called to Esporta at the Lowry Outlet Mall, Salford Quays, following reports a baby had drowned. Officers attended and the toddler, aged 20 months, was taken to hospital but sadly died a short time later.

Greater Manchester Police launched an investigation into the circumstances surrounding the baby's death.

Following the conclusion of the inquest, Detective Sergeant Rachel Smith of Greater Manchester Police gave a final statement on the conclusion of the Police investigation (Bond, 2012; Manchester Evening News, 2013):

I have reviewed the CCTV available at the club. Zainab can be seen entering the pool area from the changing room. You see her come into the camera and you can tell where she's come from and you see her walk towards the side of the pool next to where the smaller section of the pool is.

You can see Zainab bend down towards the water and she's playing, splashing her hands into the water and she stands up and as with toddlers there's a bit of a wobble and she turns around and walks along aside the smaller area.

She walks out of shot but from viewing it and analysing the water movements we've got the time as 16:22:02 when she enters the water. There's a small movement in the water, as we've heard earlier in evidence there was a man swimming in the pool, doing lengths, he continues swimming. There's no big splash, she's a little girl and it's probably the equivalent of someone dropping some money in to the water.

The man swimming in the pool gets out of the water at the far end and he walks along the side of the pool generally relaxed until Zainab’s father comes onto poolside before returning to the changing room. On the footage you start to see her moving, I would describe the movement as someone trying to doggy paddle. At 16:23:45 she stops moving and then she goes under the water. She was in the water for six minutes. The inquest jury returned a verdict of accidental death.

The Police investigation has concluded that no charges are to be brought by the police in this case. I have referred the case to the Environmental Health Department at Salford Council.

Salford Council Environmental Health Officer Nick Sear said (Manchester Evening News, 2013):

The pool had been patrolled throughout the session, but Esporta was under no legal requirement to provide constant poolside supervision for swimmers. The club is now owned by Virgin Active which has introduced constant poolside supervision by lifeguards. The Police have concluded there were no suspicious circumstances and have handed the investigation to the Council which has also concluded that no charges are to be brought against the operator or any individual.

Our thoughts remain with Zainab’s family.

Mr Zakary Yusuf said (Tozer, 2011; Belfast Telegraph, 2011; Sky News, 2011; Belfast Telegraph, 2011; Bond, 2012):

Zainab was such a happy child, bright and loving, with a smile that could light up a room. Zainab could never be replaced and will always be in our hearts. She will be sorely missed by all her family and friends. We are devastated at the loss of Zainab and ask that we be allowed to grieve in peace.

We hope Zainab's death will not be in vain. We feel others should be aware that health facilities are not obliged to have constant supervision. We intend to seek a rule change to ensure that health facilities like the Esporta pool are obliged to have constant poolside supervision in place to help prevent similar accidents in the future.

 

References (12)

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. (2011). Father pays tribute to drowned toddler. (11th July, 00:00). Available at: https://www.bbc.com/news/uk-england-manchester-14115609 accessed 12th January 2021.

BBC News. (2011). Toddler drowns in Salford Quays gym swimming pool. (11th July, 00:00). Available at: https://www.bbc.co.uk/news/uk-england-manchester-14105950 accessed 12th January 2021.

Belfast Telegraph. (2011). Tribute paid to pool death toddler. (11th July, 14:04). Available at: https://www.belfasttelegraph.co.uk/news/uk/tribute-paid-to-pool-death-toddler-28635437.html accessed 12th January 2021.

Bond, A. (2012). Toddler drowned at sports club after wandering out of changing room while father finished showering. (Mail Online, 13th January, 13:29). Available at: https://www.dailymail.co.uk/news/article-2086120/Toddler-Zainab-Yusuf-drowned-sports-club-Salford-Quays.html accessed 12th January 2021.

Daily Record. (2012). Toddler drowns in health club pool. (1st July, 22:10; 11th July 2011, 13:06). Available at: https://www.dailyrecord.co.uk/news/uk-world-news/toddler-drowns-in-health-club-pool-1107729 accessed 12th January 2021.

Independent Ireland. (2011). Toddler drowns in tragedy at health club pool. (11th July, 14:05). Available at: https://www.independent.ie/world-news/europe/toddler-drowns-in-tragedy-at-health-club-pool-26750694.html accessed 12th January 2021.

Independent. (2011). Toddler drowns in health club pool. (23rd October, 04:12). Available at: https://www.independent.co.uk/news/uk/home-news/toddler-drowns-health-club-pool-2311922.html accessed 12th January 2021.

Keeling, N. (2013). Toddler drowns in swimming pool of Salford Quays gym. (Manchester Evening News, 17th January, 22:41; 11th July 2011, 10:44). Available at: https://www.manchestereveningnews.co.uk/news/greater-manchester-news/toddler-drowns-in-swimming-pool-of-salford-865181 accessed 12th January 2021.

Manchester Evening News. (2013). Toddler drowned in Salford swimming pool after tragic mix-up between her parents. (17th January, 22:16; first published 12th January 2012, 20:51). Available at: https://www.manchestereveningnews.co.uk/news/greater-manchester-news/toddler-drowned-in-salford-swimming-pool-679647 accessed 12th January 2021.

Mirror. (2012). Toddler drowns in Manchester health club swimming pool. (4th February, 09:41; 11th July 2011, 12:31). Available at: https://www.mirror.co.uk/news/uk-news/toddler-drowns-in-manchester-health-club-183069 accessed 12th January 2021.

Sky News. (2011). Toddler drowns in health club swimming pool. (11th July, 14:04). Available at: https://news.sky.com/story/toddler-drowns-in-health-club-swimming-pool-10487183 accessed 12th January 2021.

Tozer, J. (2011). Toddler drowns in Esporta health club swimming pool after wandering off alone. (Mail Online, 12th July, 09:24). Available at: https://www.dailymail.co.uk/news/article-2013462/Toddler-drowns-private-health-club-swimming-pool-wandering-alone.html accessed 12th January 2021. 

 

Citation: Jacklin, D. 2021. Case Summary: Zainab Yusuf. Water Incident Research Hub, 31 January.