Man and boy's deaths during water activities 'could have been avoided'

The deaths of a boy and a man who drowned five years apart during outdoor water activities could have been avoided, a joint fatal accident inquiry (FAI) has found.

Kayden Walker, 12, died after he became trapped on the upstream side of a weir on the River Tay in Perthshire in July 2019 while on a supervised trip.

Ruaridh Stevenson, 39, drowned after he tried to help a client who got into difficulty in the waters flowing through Dollar Glen, Clackmannanshire, in April 2024.

In his determination, Sheriff Keith O'Mahony identified precautions which might realistically have prevented both deaths.

In relation to Kayden Walker's death, these included his group leaving the river and bypassing the weir, before re-entering the water downstream.

In Ruaridh Stevenson's case, precautions included the availability of an effective bank-based rescue system, such as a reach pole or throw line.

Kayden, from Bridgeton in Glasgow, was separated from his board for more than three minutes before an instructor could free him during the boogie boarding session near Stanley.

Outdoor Pursuits Scotland Ltd, who ran the activity, were fined £10,000 in 2024 after admitting a breach of health and safety legislation at Perth Sheriff Court.

The FAI noted that Kayden had previously taken part in several organised water-based activities, noting that while he had "limited swimming ability", he had previously been observed as "confident in the water".

During the excursion, the group encountered Stanley Weir, a low barrier built across a river to raise the upstream water level, which had previously been identified as hazardous.

After escorting two other children, instructor Callum Gracie took up position approximately 15ft (4.5m) downstream.

He watched two adults navigate the feature before Kayden's board resurfaced without him.

Gracie paddled back upstream and found Kayden trapped underwater, describing his legs as being "hair pinned" around branches.

After failing to release him, Gracie entered the water, placed a sling beneath Kayden's legs and used a sawing motion to free him.

Kayden was carried downstream by the rapids, where Outdoor Pursuits Ltd director Philip Robinson caught him and began CPR.

Kayden was airlifted to Ninewells Hospital in Dundee, but died the following day.

The sheriff identified two precautions which could have prevented Kayden's death.

He said the group could have left the river upstream of Stanley Weir and then re-entered downstream.

The inquiry also considered the Adventure Activities Licensing Authority (AALA) scheme, which covers canoes, kayaks or similar hand-paddled craft, and rafts, but not riverboarding.

The sheriff recommended a review of whether commercial riverboarding for under 18s should fall within the adventure activities licensing remit.

Ruaridh Stevenson was a director of another outdoor pursuits company which offered "canyoning" experiences.

The FAI heard that two sisters had taken part in a canyoning experience as part of a birthday gift.

One of Dollar Glen's best-known features is a plunge pool known as the Witches Cauldron or Devil's Cauldron.

The inquiry heard that heavy rainfall can create powerful waterfalls and turbulent pools, and that there had been several days of heavy rain in the Dollar area.

When the group reached the cauldron, Stevenson descended first before instructing one of the women to descend.

After entering the pool she became submerged and did not immediately reappear.

Stevenson saw she was in difficulty and entered the pool to help, but the pair became caught in the powerful current.

They repeatedly disappeared beneath the water and briefly resurfaced.

The woman escaped but Stevenson remained in difficulty and a rope thrown to help was carried away by the current.

Stevenson resurfaced unconscious about 45 seconds later.

Two walkers helped remove him from the pool and began CPR.

Emergency services arrived and resuscitation efforts continued for more than an hour, but Stevenson died at the scene.

Sheriff O'Mahony said the activity should not have proceeded through the cauldron because of the depth and force of the water.

He said the appropriate course would have been to postpone the excursion, relocate it or omit the cauldron.

The sheriff added that a reaching aid, such as a pole or branch, might have helped the woman without Stevenson entering the water.

Sheriff O'Mahony said he was satisfied that this might have avoided Stevenson's death.