After Matthew's death and finding out that there had been other incidences on the same holiday park, I was compelled to find out more from the HSE about legislation of open ponds. I pretended I was a wealthy land owner in the process of developing my land into a holiday village. On this village would be man made duck ponds and I needed to know if there was any legislation to give me guidelines? I then emailed this to the HSE experts who sent me the following:- HSE Reply

I have been informed by the Investigating officer of the HSE investigating Matthew's death that a Risk Assessment was carried out in September 2003 after the 4 year old was saved from drowning.

What Contingencies were put in place after the Risk Assessment to stop it happening again?

Ok, So there is no specific legislation! There is legislation that can give you guidelines though! (and use a bit of common sense!) If you care to research a little to find safety requirements for open water (especially ponds) there is plenty of advice on the RoSPA web site. I was told from a good source at Greenacres Holiday Village that whenever legislation is not available then RoSPA is contacted and their advice is used! I had a one minute look at the RoSPA site and found the following guidelines for ponds in schools that could easily relate to Holiday Camps:-

Methods of Risk Control (Pond Safety)
Every pond and every school will be different, therefore overall guidance cannot be given, and this is why individual site-based risk assessments are required. However, in most circumstances, the following will apply:

1. Access should be controlled and the pond effectively closed when not in use. This may be done with fencing, or vegetative barriers, or for smaller ponds, steel, rigid mesh fixed over the top of the pond. Fencing should be 1.1 metres high, with either 100mm spaced vertical bars, or steel mesh with an aperture of 25mm x 25mm.
2. Pupils should be supervised.
3. Edges that are open for access for pond dipping should be gently sloping, or flat and well defined. Where access is not required, or where the edge is steep, a protective barrier either in the form of marginal aquatic vegetation or fencing may be required.
4. Clear signage should be used at the access points to the pond. For example, a sign stating 'No unaccompanied children', or, if ice forms during the winter 'Danger: thin ice'.
5. Children and adults should wear appropriate footwear.
6. For ponds, which are too deep for an adult to perform a wading rescue, suitable rescue equipment such as a reach pole, or a throw line should be provided.
7. Any adult acting in a supervisory role should have read the operating policy and the emergency action plan. Training should include the opportunity to use rescue equipment.

How was this missed?

Click Here for RoSPA pond safety!