Parents to sue over death of seven-year-old at Maldon swimming pool » Local Government » 24dash.com

The parents of a seven-year-old girl who died after being found unconscious in a public swimming pool are to sue the company that runs it.

Michelle Gellard (pictured), from the Isle of Dogs in east London, was found by a member of the public in the deep end of the pool at Blackwater Leisure Centre in Maldon, Essex in June.

Her parents said lifeguards had failed to notice she was in difficulties.

They also claimed that when leisure centre staff called the emergency services they failed to make the operator aware of the seriousness of Michelle's condition delaying the ambulance's arrival.

The pool is run by Leisure Connection Limited for Maldon District Council.

Father Mark Gellard said: "My wife Sian and I are devastated that our beautiful daughter Michelle died as a result of this incident.

"We want to know why the lifeguards at the pool appear not to have noticed that Michelle was drowning, despite the fact the pool was not busy at the time.

"We also want to know why the staff at the leisure centre failed to report in the first emergency call that it was a drowning incident and said Michelle was 'OK' and 'conscious', when in fact she required emergency resuscitation.

"As a result emergency medical help was delayed which may have lost the chance to save her life.

"It is essential that lessons are learned so this does not happen to anyone else."

Michelle's parents are also calling for the Health and Safety Executive to widen their investigation.

The council's role in the tragedy is being investigated by the Health and Safety Executive but the council has been charged with looking at the leisure centre.

Peter Todd, a partner at Hodge Jones & Allen Solicitors, representing Michelle's parents, said: "Michelle's parents want a full and independent investigation into this incident carried out.

"We have asked the HSE to review their decision only to investigate the involvement of the council. We would like them also to investigate the involvement of Leisure Connection Limited. There are questions to ask about the lifeguarding and handling of the emergency response.

"How can Maldon District Council conduct a proper investigation if it also may have contributed to what has happened here? If on review the decision is not changed, we reserve the right to challenge the decision by seeking judicial review if necessary."

A spokesman for the HSE said that the council retained the legal responsibility for the enforcement of health and safety legislation despite having contracted out the operation of the centre.

He said: "The roles are pretty clearly set out in the legislation."

An inquest into the girl's death will be held after the HSE investigation is completed.

No-one from Leisure Connection Limited was available for comment.