Boy who died on River Tay day out 'could not swim more than 33ft unaided'

A consent form for a boy who died on an activities day out on the River Tay said he was unable to swim more than 33ft (10m) without the help of a flotation device, an inquiry has heard.

Kayden Walker, 12, died after he slipped from his board in churning water in Perthshire on 28 July 2019.

The fatal accident inquiry (FAI) heard that he was wearing a personal flotation aid, but not a full lifejacket.

The FAI will also examine the death of outdoor pursuits instructor Ruaridh Stevenson, 39, in another activities event in Clackmannanshire in 2024.

The inquiry heard that Kayden, from Bridgeton, Glasgow, was on a day trip with 10 other children organised by Church House charity group when the incident occurred at Linn, near Stanley.

He became trapped under a weir and was underwater for more than three minutes.

Kayden died in hospital the next day.

Outdoor Pursuits Scotland Ltd, which was running the activities, was fined £10,000 in 2024 for not making a sufficient health and safety assessment.

The Glasgow-based firm admitted failing to ensure participants were not subject to the risk of entrapment, and failing to ensure the children had a safe passage through the weir.

Church House project manager Angela Molloy told the FAI she had booked Outdoor Pursuits Scotland to provide the trip.

Molloy, 55, said she had worked with the firm's owner Phil Robinson for 20 years, both while at Church House and previously with Glasgow City Council.

She said Robinson had told her it did not matter that children on the water-boarding trip could not swim "as long as they were confident in the water".

Molloy told depute fiscal Catherine Fraser that she had driven Kayden and the other children to the the River Tay by minibus.

She said she had not noticed two signs in the car park where she dropped them off, warning "the River Tay is a dangerous environment" and "deep water, strong currents, no swimming".

Fraser asked: "If you'd taken cognisance or observed those signs, would that have affected your decision to allow Kayden, given the ability that his mum had filled out - not being able to swim 10m without a flotation device - to take part?"

Molloy replied: "I think on the day when I've paid an expert to provide the activity and everything that goes along with that – my job is a youth worker, I'm not an outdoor activity expert – I rely on them."

Molloy said Robinson had "never brought up" that the location was dangerous and said she did not know it had been planned to travel about two miles (4km) in the water that day.

Fraser asked: "How did you know that the buoyancy aid that Kayden had been given was appropriate for his ability in that water environment?"

Molloy replied: "I went by the person who was running the outdoor activities.

"We paid for that service – that they provide the right equipment."

Fraser asked: "Had you identified that the risk of a non-swimmer taking part in water-based activities was a high one?"

Visibly upset, Molloy replied: "I had been told they didn't need to swim."

The inquiry was told Phil Robinson would be giving evidence next week.

The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred, and to establish what reasonable precautions could have been taken to minimise the risk of future deaths in similar situations.

The inquiry at Falkirk Sheriff Court before Sheriff Keith O'Mahony is expected to last two weeks.