David Lloyd 'did not learn lesson' when boy almost drowned before Rocco Wright tragedy

David Lloyd Leisure Ltd was hit with a £2.5 million fine today after accepting liability for the death of three-year-old Rocco, who drowned in its swimming pool at the Moortown club in April 2018. It was found to have failed to ensure the safety of its users, with only one lifeguard working that fateful day when two workers had been recommended.

Rocco was with his father and sister when he left his father’s side momentarily. He was found face down at the bottom of the 1.2-metre-deep pool minutes later by his frantic father. He could not be revived.

During the sentencing hearing at Leeds Crown Court, Judge Simon Phillips KC pointed to a previous incident when a youngster almost lost his life in the pool of another David Lloyd gym in London in 2013.

The five-year-old had been taking part in a half-term “Aqua Splash” lesson at the Heston-based club, but could not swim and was not given armbands. He was under the water for about five minutes before being spotted and dragged out. Luckily he was revived using CPR and suffered no long-lasting injuries.

The gym chain was fined over £350,000 at Isleworth Crown Court in November 2016.

Following the multi-million-pound fine today, the family of Rocco Wright criticised David Lloyd Leisure Ltd. They said: “Before Rocco’s death, David Lloyd had been significantly fined for health and safety failings after a boy nearly drowned at one of their leisure centres.

“Tragically, lessons were not learnt by the previous event and we can only hope that David Lloyd have now implemented safe systems and necessary measures to ensure no family has to endure the immeasurable trauma and heartache that our family has had to, and continues to live with.”

Judge Phillips said the company failed to “respond to concerns” about the number of lifeguards on duty at any one time by the workers at its Moortown club.

It was found that lifeguards were also not given proper breaks and expected to carry out other jobs while on duty, such as testing the water and clearing away poolside objects. The glare from the sun also obstructed full views of the pool for the lifeguard.

Leeds City Council, which brought the case against the company, issued a statement after today’s ruling.

Councillor Mohammed Rafique, the council’s executive member for climate, energy, environment and green space, said: “I would like to begin by offering the councils sincere condolences to the the Wright family, this tragic story underlines the importance for employers and duty holders to ensure that the safety of their employees and customers is a priority.

“I would also like to thank the council’s environmental health and legal teams, and the Barristers from St Paul’s Chambers for their dedication and hard work to ensure David Lloyd Leisure Limited were held accountable for their failings.

“The council will always look to work with and support businesses to meet their legal duties, however we won’t hesitate to take enforcement action in cases of serious and prolonged noncompliance."