Consent Form Reveals Swimming Ability
A consent form for Kayden Walker, a 12-year-old boy who died during an activities day out on the River Tay, indicated that he could not swim more than 33ft (10m) unaided, an inquiry has heard.
Kayden died after slipping from his board in turbulent waters in Perthshire on 28 July 2019.
The fatal accident inquiry (FAI) was informed that Kayden was wearing a personal flotation aid at the time, but not a full lifejacket.
The FAI will also investigate the death of outdoor pursuits instructor Ruaridh Stevenson, 39, who died in a separate activities event in Clackmannanshire in 2024.
Details of the Incident
Kayden, from Bridgeton, Glasgow, was participating in a day trip with 10 other children organised by the Church House charity group when the incident occurred at Linn, near Stanley.
He became trapped beneath a weir and remained underwater for over three minutes.
Kayden passed away in hospital the following day.
Outdoor Pursuits Scotland Ltd, the company running the activities, was fined £10,000 in 2024 for inadequate health and safety assessments.
The Glasgow-based firm admitted to failing to ensure participants were not exposed to the risk of entrapment and to failing to provide a safe passage for children through the weir.
Warning Signs
Angela Molloy, project manager at Church House, told the FAI she had booked Outdoor Pursuits Scotland to provide the trip.
Molloy, 55, stated she had worked with the company’s owner, Phil Robinson, for 20 years, both during her time at Church House and previously with Glasgow City Council.
"Robinson had told me 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 River Tay by minibus.
She said she had not noticed two signs in the car park where she dropped them off, which warned: "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."
Concerns About Safety Measures
Molloy said Robinson had "never brought up" that the location was dangerous and that she was unaware 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 responded:
"I had been told they didn't need to swim."
The inquiry was informed that Phil Robinson would be giving evidence the following week.
Purpose and Duration of the Inquiry
The purpose of a Fatal Accident Inquiry includes determining the cause of death, the circumstances in which the death occurred, and establishing 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.
