Recurring concern

Inadequate regulation of private swimming-pool safety

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First reported 22 Apr 2015•Latest report 27 May 2016

Definition

What this concern includes

Includes failures in regulation, statutory requirements, inspection or regulatory oversight specifically governing safety at private swimming pools, including child-resistant barriers and private holiday-let pools where the regulatory regime is intended to control drowning risks.

Not included

Excludes operational supervision, lifeguard, rescue-equipment and emergency-response failures where no deficiency in regulation or regulatory oversight is identified.
Excludes general swimming-pool maintenance, water quality and building-safety concerns that are not part of the private swimming-pool safety regulatory regime.
Excludes public swimming pools, open-water locations and non-pool drowning hazards unless the assertion explicitly concerns the same private swimming-pool regulatory boundary.
Excludes failures to implement or maintain a clear regulation after the regulatory regime itself has operated adequately.

Reports: 2
Individual concerns: 2
Date range: 2015–2016
Stated actions: 2

Reports over time

Reports about this concern issued each year.

* 2026 is projected from reports observed to 7 Sep 2026.

Most frequent recipients

Reports about this concern sent to each recipient.

Department for Education1

Devon County Council1

Ministry of Housing, Communities and Local Government1

North Devon District Council1

Concerns and responses across reports

Only concerns grouped under this recurring concern are included. Select any concern, action or position to view the source wording.

27 May2016
Exeter and Greater Devon
Concerns raised1
1. Lack of regulatory oversight of private holiday lets with swimming pools
This report raised 4 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
Actions described in response 2
1. Action
  Seek counsel’s opinion on the scope of statutory duties to inform enforcement officers.
  Stated by North Devon District CouncilStated in progress
2. Action
  Continue investing resources in enforcing swimming pool safety as a local priority.
  Stated by North Devon District CouncilStated in progress
Respondent positions 1
1. Position
  Responsibility for health and safety in holiday lets rests with Devon’s district councils, which hold the power to make relevant practice changes.
  Stated by Devon County CouncilRedirects responsibility
AI-generated summary

Keenan John WALSH · Prevention of Future Deaths report

This summary was generated using AI from the published report. Please read the original report for the complete account.

Report summary

Keenan John WALSH, a non-swimmer aged 4, drowned in the deep end of a heated swimming pool during a large family party on 23 August 2013. The concerns included the lack of regulation of private holiday lets with swimming pools, the pool’s hazardous profile and limited signage, and inadequate supervision ratios, with adults responsible for supervision being unable to rescue him.

Read the report on judiciary.uk
Source evidence
How this individual concern was interpreted
PFD Monitor created a concise, searchable interpretation from the report wording shown below.
PFD Monitor interpretation
Lack of regulatory oversight of private holiday lets with swimming pools
Wider context from the report
“(1) At the time of the incident private holiday lets with swimming pools were not regulated by the Health and Safety Department of Local Authority Environmental Health, despite tourism being a significant part of local economy. See recording of evidence of ████████ Environmental Health Officer (North Devon Council). ”
Source location
Keenan John WALSH · Prevention of Future Deaths report
Page 2 · concerns
Open source report
Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation
Seek counsel’s opinion on the scope of statutory duties to inform enforcement officers.

Verbatim wording from the response
“The Council is seeking counsel’s opinion so that it can better advise its enforcement officers on the scope of S3(2) Health and Safety at Work etc Act 1974 (duties of self employed persons to persons other than their employees).”

Source location
2016-0202-Response-by-North-Devon-Council
Page 2 · response
Published 27 May 2016
Open published response
Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation
Continue investing resources in enforcing swimming pool safety as a local priority.

Verbatim wording from the response
“The LAC also allows for the development of local intervention plans which are based on a regional/district needs assessment. For a number of years swimming pool safety has been identified as a local priority in NDC’s intervention plan.”

Source location
2016-0202-Response-by-North-Devon-Council
Page 1 · response
Published 27 May 2016
Open published response
Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation
Responsibility for health and safety in holiday lets rests with Devon’s district councils, which hold the power to make relevant practice changes.

Verbatim wording from the response
“We note the content of North Devon Council’s response and agree with them that the responsibility for ensuring health and safety in holiday lets sits with District Councils across Devon. In light of this Devon County Council has no power to make changes to improve practice as that power is in the hands of the District Councils.”

Source location
2016-0202-Response-by-Devon-County-Council
Page 1 · response
Published 27 May 2016
Open published response
22 Apr2015
Wiltshire and Swindon
Concerns raised1
1. Lack of UK regulations requiring child-resistant barriers around private swimming pools
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
Respondent positions 2
1. Position
  Building regulations cannot effectively address swimming-pool safety because they cover limited new work, exclude outdoor pools, lack retrospective effect, and are difficult to enforce.
  Stated by Ministry of Housing, Communities and Local GovernmentUnable to act
1. Position
  Owners and occupiers are responsible for identifying and reducing swimming-pool safety hazards on their property.
  Stated by Ministry of Housing, Communities and Local GovernmentRedirects responsibility
AI-generated summary

Jack · Prevention of Future Deaths report

This summary was generated using AI from the published report. Please read the original report for the complete account.

Report summary

Jack, a three-year-old boy, was found at the bottom of his family’s unfenced swimming pool after being left in the care of his 20-year-old brother. The substantive concern was that the lack of UK regulations requiring child-resistant barriers around private swimming pools could contribute to future child drownings.

Read the report on judiciary.uk
Source evidence
How this individual concern was interpreted
PFD Monitor created a concise, searchable interpretation from the report wording shown below.
PFD Monitor interpretation
Lack of UK regulations requiring child-resistant barriers around private swimming pools
Wider context from the report
“I received evidence that in Australia and France it is compulsory to fence private swimming pools with child resistant barriers. I am concerned that the lack of regulations in the UK could contribute to future death from children drowning in unfenced swimming pools. ”
Source location
Jack · Prevention of Future Deaths report
Page 2 · concerns
Open source report
Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation
Building regulations cannot effectively address swimming-pool safety because they cover limited new work, exclude outdoor pools, lack retrospective effect, and are difficult to enforce.

Verbatim wording from the response
“We take the view that building regulations would not be the best way to ensure that swimming pools are safe, as they apply only where building work takes place. The definition of a building for the purposes of the regulations does not currently cover an outdoor pool. Furthermore, as the regulations only cover new work, they could not be applied retrospectively to existing pools. Also, any requirement would be very difficult to enforce as it would not be possible to prevent fences from being removed after installation.”

Source location
2015-0154-Response-by-Department-for-Communities-and-Local-Government
Page 1 · response
Published 22 April 2015
Open published response
Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation
Owners and occupiers are responsible for identifying and reducing swimming-pool safety hazards on their property.

Verbatim wording from the response
“Instead, it is expected that owners/occupiers will be responsible for the safety of people upon their property, identifying hazards and seeking to reduce them by implementing the kind of straightforward measures advised by RoSPA. The Health and Safety Executive (HSE) publication Managing Health and Safety in Swimming Pools (HSG179), which provides guidance for commercial swimming pools, can also be used for domestic swimming pools.”

Source location
2015-0154-Response-by-Department-for-Communities-and-Local-Government
Page 1 · response
Published 22 April 2015
Open published response

Data last updated 7 September 2026

What this concern includes

Not included

Reports over time

Concerns raised1

Lack of regulatory oversight of private holiday lets with swimming pools

Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.2

Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.1

Concerns raised1

Lack of UK regulations requiring child-resistant barriers around private swimming pools

Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.2

Actions described in response 2

Respondent positions 1

Respondent positions 2