Boy who drowned was deemed fit to attend river event despite being non-swimmer

A boy who could not swim was given the all clear to attend a river boarding event that led to his drowning, a Fatal Accident Inquiry (FAI) has heard.

Kayden Walker died after he attended a day out with the Church House Community Group, which takes youngsters out on activity days.

The 12-year-old, from Bridgeton, Glasgow, was river boarding with the group on the River Tay, near the village of Stanley in Perth and Kinross, on July 28 2019.

He was separated from his board and subsequently became trapped on the upstream side of a weir.

He was pulled from the water and taken to Ninewells Hospital in Dundee, and was later transferred to the Royal Hospital for Children in Glasgow, where he died the following day.

At Falkirk Sheriff Court on Monday, the FAI heard evidence from Angela Molloy, who served as a project manager for the group at the time.

Mrs Molloy, 55, has since left the organisation, and now works as a community service officer.

The court heard that despite Kayden not being able to swim, organisers found he was confident in the water and he was allowed to attend the river boarding event, which was led by Outdoor Pursuits Scotland Ltd.

Taking questions from a panel of lawyers overseen by Sheriff Keith O’Mahony, Mrs Molloy was asked if Church House deemed it appropriate to allow non-swimmers to attend such events.

Mrs Molloy said: “You didn’t have to be able to swim to do the activity.”

She added: “When we had the very first meeting, it was as long as they’re comfortable in the water.”

The court heard that Kayden had attended a number of other water-based, sporting events with Church House, including white water rafting and wakeboarding.

The court heard that Church House has since improved its risk assessments ahead of excursions, but that they still allow non-swimmers to attend watersports events if the suppliers they are working with have deem it fit to do so.

She told the court: “After the incident, if the organiser says they don’t need to be able to swim, then we still take them out on the water.”

She noted Church House had worked with Outdoor Pursuits Scotland for several years, and highlighted they relied on its staff to keep the children safe.

She said: “On the day, I paid an expert to provide the activity and everything that goes along with that.

“My job was youth worker and project manager, not an outdoor activity instructor. That’s why we rely on them to provide this service.”

The court also heard that there were a number of warning signs in the area that said: “Deep water, strong currents, no swimming”, which Mrs Molloy said she did not see while driving the group to the river.

In 2024, at Perth Sheriff Court, Outdoor Pursuits Scotland Ltd admitted a breach of health and safety legislation over Kayden’s death and were fined £10,000.

The FAI is also looking into the death of Ruaridh Stevenson, 39, from Cupar, Fife.

He drowned after trying to help a client who experienced difficulties in the waters flowing through Dollar Glen, Clackmannanshire, on April 13 2024.

The FAI is expected to hear more evidence in relation to both incidents over a period of 10 days or more in total.