Schoolgirl who drowned at water park was unlawfully killed, coroner rules

An 11-year-old girl who drowned during a birthday party at a water park was unlawfully killed, a coroner has found.

Kyra Hill got into difficulty in a designated swimming area at Liquid Leisure near Windsor, Berkshire, on August 6 2022.

Senior coroner Heidi Connor concluded the youngster had been unlawfully killed following gross health and safety breaches at the park.

The breaches relate to the depth and visibility of the water and the absence of an emergency plan and risk assessment, she found.

There were no signs warning of deep water despite it reaching 4.67 metres (more than 15ft) in parts of the designated swimming area, Mrs Connor said.

“In fact the only sign present warned of shallow water,” she added.

Parents and carers were not advised to attend with children in a ratio of one to four, and young children were permitted to swim without buoyancy aids, the coroner said.

There was also no emergency plan or risk assessment that took those factors into account, and no control measures were identified and put in place to “take account of these clear risks”, she ruled.

Mrs Connor said: “The two gross breaches before Kyra went into the water are likely to have caused or contributed more than minimally to her death.”

Stuart Marston is the owner and director of the park, and was involved in the search for Kyra.

He described himself as a “hands-on manager” during the inquest.

The coroner said: “It is of course likely that Mr Marston knew about the depth of the water and visibility issues.

“In my view, any control measures or absence of control measures, were a function of the company as a whole, rather than Mr Marston personally.

“I do not consider it is correct to suggest that an individual duty of care was owed by Mr Marston.

“Even if that duty of care was owed, it is much more difficult to conclude that there were individual breaches of duty by Mr Marston himself – rather than the company as a whole – which contributed to Kyra’s death.”

She noted that Mr Marston remains “largely unable to say what policies were, or are, in place” despite previous criminal proceedings, knowing the inquest was to happen, and having experienced legal advisers.

“I was left with the impression that Mr Marston thought of some health and safety practices, and the involvement of the local authority in this area, mostly as a hindrance to him being able to run his business”, she said.

Kyra’s father, Leonard Hill, fought back tears as he read a pen portrait of his daughter to the inquest.

“Kyra was a beautiful, beaming beacon of light in the lives of all who were fortunate enough to know her,” he said.

“With her naturally enchanting, bright and beautiful eyes – paired with the softest, sweetest and warmest smile – she captivated hearts effortlessly.

“A spirited individual, Kyra was resolute in her beliefs. She would stand up for what was right without hesitation, always the first to challenge a bully or defend a friend.

“Guided by an unwavering moral compass, she was a protector at heart, fiercely caring for her loved ones and always considering the feelings of others.”

His Manchester United-supporting daughter dreamed of becoming a professional footballer.

“Had that dream not become her reality, she had her back-up plan to pursue law and become a lawyer and fight for the truth, stating that she would ‘never defend evil people in court’,” he said.

At around 3.20pm on August 6 2022, a 17-year-old lifeguard spotted Kyra struggling and dived in after her before leaving the water to radio her colleagues.

There was then a 10-minute period where no staff were searching the area where Kyra was seen going under.

Lifeguards searched other parts of the lake instead, following incorrect reports by members of the public that she had gone elsewhere.

A manager attended rapidly but around 37 minutes passed between Kyra going underwater and 999 being called, Mrs Connor previously told the inquest.

Around 13 minutes before emergency services were contacted, the park owner attempted to phone a divemaster and off-duty firefighter, the inquest had heard.

The diver, Chris Knight, missed several calls and CCTV showed him first entering the water with an oxygen tank at 4.33pm.

Mr Knight previously told the inquest that he searched two parts of the lake before he was told that CCTV showed Kyra going under at another location.

He found Kyra near the third area at around 5.09pm.

Mrs Connor said: “CCTV was not reviewed in order to check Kyra’s whereabouts when the search for her began.

“This option may well have been covered in an emergency procedure, had there been one.”

Giving her conclusions, she added: “Members of the family, at no point have I forgotten that this was about your 11-year-old Kyra, and I am so very sorry that you are here today.

“It must have been incredibly difficult to sit in court and hear some of the evidence that we’ve heard. I offer all of you my heartfelt condolences.”

Harvinder Kaur, director at Fieldfisher – the law firm that represented the Hill family, said: “We are grateful to the coroner for exposing the failings that occurred in the lead up to Kyra’s death.

“We hope now that there will be positive change in the industry to prevent future deaths.”

A Thames Valley Police spokesperson said in a statement: “Our thoughts remain with the loved ones of Kyra Hill following her tragic death at Liquid Leisure near Datchet on 6 August 2022.

“We note the ruling from the coroner following the inquest into Kyra’s death and we will be liaising with the coroner’s office.

“We conducted a thorough investigation into Kyra’s death at the time, before handing a file to the coroner and the local authority.”