Rocco Wright swimming pool death: David Lloyd Leisure fined £2.5m

Gym operator David Lloyd Leisure has been fined £2.5m after a three-year-old drowned at one of the firm's sites.

Rocco Wright died after he was found in the swimming pool at the leisure centre in Moortown, Leeds, in April 2018.

The business pleaded guilty to a health and safety breach and was fined £2,550,000 at Leeds Crown Court with an additional £258,355 in costs.

Rocco's parents, Catharine and Steven Wright, said in a statement they continue to be devastated by his loss.

They said: "Rocco had an infectious laugh and a smile which lit up the room. He was loved and adored by all his family. He had his whole life ahead of him, and we dearly miss our little 'buddy' every day."

The inquest into Rocco's death was held in 2020 and ruled his death was accidental, but Leeds City Council brought a prosecution against David Lloyd Leisure.

During the inquest, the jury heard how Rocco had to be pulled from the water by his father.

Mr Wright described how his panic grew as he searched for Rocco, who had slipped away from his side, before he spotted him at the bottom of the main pool.

He said his son had never got into the pool by himself and the inquest heard there were no witnesses or CCTV evidence that could explain how Rocco ended up in the water.

The inquest heard that at the time of the incident there was a single lifeguard, aged 17, on duty.

The jury found that Rocco had probably been under the 1.2m (4ft) deep water for more than two minutes.

Speaking in court, Judge Simon Phillips said David Lloyd Leisure "fell far short of the appropriate standard" and "ignored concerns raised by employees allowing breaches to exist over a long period of time."

These concerns included only having one lifeguard on duty - an issue which had previously been highlighted by staff.

He said the company had previously been fined £330,000 in 2016, for a "near miss incident" when a child was discovered in the water at its pool in Heston, Hounslow.

Speaking about Rocco's case, the judge said the fine "must reflect the seriousness of the offence" and ordered David Lloyd to pay a fine of £2.9m, reduced to £2,550,000 for the guilty plea.

Leeds City Council said it believed the group had breached health and safety laws and carried out its own investigation, which resulted in prosecution.

Leeds councillor Mohammed Rafique said: "The case highlights the absolute necessity for businesses and employers to ensure the health and safety of customers and employees is always the number one priority."

Mr and Mrs Wright criticised the length of time it had taken for the leisure company to accept liability.

They said: "Whilst David Lloyd have now finally filed a plea of guilty, accepting that it was their failings that led to Rocco's death, we, as a family are extremely disappointed that this has taken over five years."

They added: "David Lloyd have had numerous opportunities to submit an early plea but waited until what was less than two weeks prior to a lengthy trial.

"This unnecessary delay has caused increased anxiety and prolonged misery and sadness across our entire family."

The leisure group admitted a breach of section 3 of the Health and Safety at Work Act 1974, in relation to failing to take all reasonably practicable steps to ensure the safety of those visiting.

It admitted not tailoring a generic risk assessment to the specifics of the indoor pool and not carrying out formal documented visibility assessments.

Russell Barnes, CEO of David Lloyd Leisure said: "Today is another difficult day for Rocco's family and our thoughts are with them.

"We are sorry for their loss and wish to share our sympathy with Rocco's family and loved ones."

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