Hodge Jones & Allen

4th May 2011 - PRESS RELEASE

 

Inquest into death of 7 year old girl who died in public pool

 

After nearly three years an Inquest into the death of Michelle Gellard, a 7 year old girl who died at the Blackwater Leisure Centre pool in 2008, is due to take place next week.

 

On 14 June 2008 Michelle Gellard, along with her mother, Sian Lakey, attended the Blackwater Leisure Centre, Maldon, Essex, to take part in a Judo competition. Michelle’s father Mark Gellard was working that morning from 6.00am to 1.00pm in East London.

 

Michelle went for a swim in the swimming pool after she had finished competing in the judo competition. Ms Lakey remained in the main hall with her niece in the competition and had initially refused Michelle permission to swim; however she eventually agreed after one of the other parents, Ms Zoeteman had offered to supervise Michelle in the pool.

 

Unfortunately Michelle went missing in the pool and was found under the water in the deep end by another customer. After failed attempts by St John’s ambulance crew to resuscitate Michelle at the Centre, she was taken by air ambulance to Colchester General Hospital where she was pronounced dead. Confusion at the swimming pool caused wrong information to be passed to the ambulance service in a 999 call which meant the emergency ambulance response was delayed.

 

The Inquest hearing has been listed for nine days, from 9th to 20th May 2011 at the Essex Records Office in Chelmsford, before HM Coroner for Essex and Thurrock, Mrs Caroline Beasley-Murray, sitting with a jury. It will seek to establish the exact cause of Michelle’s death and the role of those present on the day, including the lifeguards on duty. The Gellard family, Maldon District Council, Leisure Connection and the St. John’s Ambulance will all be represented.

 

The Blackwater Leisure Centre is owned by Maldon District Council, but is managed by Leisure Connection Ltd, a private company which runs numerous such swimming pools in the UK.

 

In May 2010 there was another incident of a near drowning also involving a young girl swimming at the same pool. After this further incident the Health and Safety Executive served an enforcement notice under the Health and Safety at Work Act 1974 against the swimming pool.

 

Mark Gellard, the father of Michelle, said:

 

"My partner and I are still grieving for our daughter. She was our pride and joy. She always brought a smile to our faces and it is hard knowing we will never again get to hold our daughter and tell her that we love her. She will never be forgotten.  

 

"We don't want this to happen to another child. It the most heartbreaking thing to go though and we hope that lessons are learnt from this."

 

Peter Todd, the solicitor for the Gellard family, said:

 

"This case potentially has significant implications for all those involved in lifeguarding or managing a swimming pool, and for parents of children using a pool. It is important lessons are learned to ensure this particularly distressing tragedy never happens again."

 

The Gellard family has commenced a civil claim for negligence against Leisure Connection Ltd, however this has been stayed until after the conclusion of the Inquest.

 

The Inquest has been delayed largely because the Gellard family challenged the decision that the investigation into Michelle’s death should be conducted by Maldon District Council. The family issued proceedings for a judicial review on the basis that any investigation conducted by the Council would be prejudiced as they would in effect be investigating their own involvement in Michelle’s death. At the end of 2009, a settlement was reached between the parties that resulted in the Health and Safety Executive (HSE) taking over the investigation from the Council.

 

 

Note to Editors

 

• In respect of both the civil claim and the Inquest, the Gellard family is represented by Peter Todd, Partner, Hodge Jones & Allen LLP Solicitors, and Timothy Petts, Counsel, of 12 King’s Bench Walk, Temple.

 

• A member of the public, Paul Burns, has set up a website campaigning about issues relating to Leisure Connection Limited’s management of swimming pools.
• Please note the Gellard family will be making no further comment on this until after the inquest and kindly request that they not be door stepped or contacted directly for interview. All contacts should go via their solicitors.

 

For more information, please contact Peter Todd, t:020 7874 8467 or m:07824 437466.