David Lloyd Leisure is facing prosecution by Leeds Council over alleged health and safety breaches, following the death of a three-year-old boy in 2018.
Rocco Wright died after being found in the water by his father at the David Lloyd Club on Tongue Lane, Leeds in April 2018.
On Monday (17 February 2020), an inquest into the incident returned a conclusion of accident.
During a four-day hearing, a jury was told that there was only one 17-year-old lifeguard on duty when Rocco Wright was found at the bottom of the main pool.
The inquest also heard that there were no witnesses or CCTV footage to explain how the boy ended up in the water.
Following the inquest, Leeds City Council said it "believed the firm had breached health and safety laws" and it intended to prosecute “in the near future”.
A council spokesperson said: “The death of a child in any circumstances is tragic, and we continue to offer the Wright family our sincerest sympathy.
“Leeds City Council’s Health and Safety Inspectors have investigated the circumstances of Rocco’s death and believe that David Lloyd Leisure Ltd have committed offences under the Health and Safety at Work etc. Act 1974 which we intend to prosecute in the near future."
In response, David Lloyd Leisure issued a statement, saying: "Health and safety is and always will be our number one priority.
"The week-long inquest which concluded today, found a verdict of Accidental Death and we are unaware on what basis Leeds City Council intend to prosecute. It would be inappropriate for us to comment any further on the matter at this stage.
"David Lloyd Leisure never places profit above safety. Subsequent evidence given by David Lloyd Leisure at the inquest showed no evidence of budget cuts to lifeguarding at the Leeds Club at the time of the accident, on the contrary lifeguarding had in fact received increased investment.
"David Lloyd Leisure would like to express our deepest sympathies to Rocco’s family. Our thoughts remain with them and also with those at the Club who were closely involved at the time of this tragic accident."
