Risk Assessment for River Tay Trip Deemed Insufficient
An inquiry has heard that the risk assessment conducted for a River Tay boarding trip, which resulted in the death of a 12-year-old boy, was not "suitable and sufficient."
Kayden Walker, who was unable to swim, died after becoming trapped on the upstream side of a weir during a day trip organised by the Church House community group in 2019.
The fatal accident inquiry (FAI) follows the prosecution of Outdoor Pursuits Scotland Ltd, which was fined £10,000 in October 2024 for breaching health and safety legislation that contributed to Kayden's death.
The joint FAI is also investigating the death of outdoor pursuits instructor Ruaridh Stevenson, aged 39, who died during a separate activities event in Clackmannanshire in 2024.
Inquiry Testimony on Risk and Precautions
On the second day of the inquiry, Katrina Pearson, an environmental health officer with Perth and Kinross Council involved in the investigation after Kayden's death, gave evidence.
When asked by procurator fiscal depute Catherine Fraser if she considered the weir a "high risk location," Pearson responded:
"Absolutely"
She identified the main hazard as body entrapment but noted that several reasonable precautions could have been implemented to prevent the incident.
Pearson stated:
"In the first instance I would expect that the risk assessment for the activity would have been suitable and sufficient, which it was not in this case. If it was, they would have known about the hazard of the weir and the potential for body entrapment and also the risk to non-swimmers and to swimmers."
High-Risk Location and Safety Controls
Fraser expressed that she would expect "sufficient controls" to be in place to mitigate risks, such as avoiding the weir, not taking non-swimmers to such a high-risk location, or providing additional supervision or a robust safety briefing.
The inquiry at Falkirk Sheriff Court previously heard that Kayden, from Glasgow, was separated from his board during a river boarding session near Stanley, Perthshire, on 28 July 2019.
After being pulled from the water, Kayden was airlifted to Ninewells Hospital in Dundee and subsequently transferred to the Royal Hospital for Children in Glasgow, where he died the following day.
Aimee Doran, representing Outdoor Pursuits Scotland Ltd, suggested to Pearson that her comments on reasonable precautions were from a health and safety perspective and did not reflect expertise in water-based activities.
Pearson acknowledged this, stating:
"Yes, from the health and safety point of view, not technical aspects."
Investigation into the Death of Ruaridh Stevenson
The FAI is also examining the death of Ruaridh Stevenson, 39, from Cupar, who drowned while attempting to assist a client experiencing difficulties in the waters flowing through Dollar Glen, Stirlingshire, on 13 April 2024.
Stevenson was a director of a company offering "canyoning" experiences on Scottish rivers.
The inquiry heard from Peter Carroll, a volunteer assistant ranger with the National Trust for Scotland (NTS), which manages the area where the incident occurred.
Carroll assisted in performing CPR on Stevenson after a member of the public alerted them to the emergency while he was working alongside NTS countryside ranger Laura Livingstone.
He described the scene at an area called the Devil's Cauldron, which Livingstone explained as a "water feature hollowed out which forms a bowl that goes down about seven or eight feet."
Carroll told the inquiry:
"When I looked down into the cauldron I could see Mr Stevenson on a ledge lying on his back and a chap was doing CPR."
He then guided emergency services to the scene, which was inaccessible by vehicles, before entering the water himself to assist with CPR.
Carroll added:
"I was in the water until Mr Stevenson was pronounced dead and the recovery process started."
Livingstone, who has been an NTS ranger for 10 years, stated that the water level appeared "high" on the day of the incident and she considered it "borderline" whether canyoners should have been in the water.
She also noted that the area around the Devil's Cauldron was fenced off following an incident approximately a decade ago when someone died after jumping in and hitting their head.
Catherine Fraser asked Livingstone:
"Despite the fence, do canyoners move the fence to access it?"
Livingstone confirmed that canyoners do move the fence.
The inquiry also heard that a nearby section not managed by NTS is not fenced off.
Karen Railton, representing NTS, asked:
"Do you think if a sign was put up saying it was dangerous that would stop canyoners?"
The inquiry, presided over by Sheriff Keith O'Mahony, is ongoing.
