Former company Director jailed for gross negligence manslaughter and for health and safety failings

A company owner has been sentenced to ten and a half years in prison for gross negligence manslaughter and for health and safety failings following the deaths of four paddleboarders in Pembrokeshire in October 2021, marking the UK's worst paddleboarding tragedy.  The HSE's press release can be found here.

Case Details

Despite severe weather warnings and heavy flooding, the former owner and sole director of Salty Dog Co Ltd, Nerys Lloyd, took a guided paddleboard trip towards the weir when it was in an extremely hazardous state, creating a dangerous recirculation of water at its base - something described as being a washing machine effect.  The four victims were not given a safety brief or informed of the weir’s presence.  Given the conditions, the victims were subsequently dragged over the top of the weir, trapped and drowned.  One of the victims, a co-instructor named Paul O’Dwyer, initially exited the river safely, but re-entered the water to attempt a rescue.

As part of the joint investigation by Dyfed Powys Police and the Health and Safety Executive (HSE), an expert concluded that the tour should not have taken place under such dangerous conditions and that Lloyd lacked the necessary qualifications and adequate planning for the tour.  Lloyd pleaded guilty to four counts of gross negligence manslaughter and failing to discharge a duty of care to non-employees under the Health and Safety at Work Act etc 1974 at Swansea Crown Court on March 5th this year.

At Lloyd's sentencing, the Crown Prosecution Service emphasised that Lloyd's actions fell far below the expected standards of a paddleboard instructor and activity planner, adding that the conditions were far "beyond the remit of a beginner’s tour", resulting in "a high potential for loss of life".  The HSE commented that Lloyd was directly responsible for the decision to take inexperienced paddlers over the weir, which was "completely reckless" given that "the risk of death was foreseeable".

Takeaways

The case highlights the severe consequences, often to individual company directors, of gross negligence and the attached importance of adhering to safety legislation, associated regulations, and any sector or activity guidance.  In this case, for instance, the HSE pointed out that guidance and training for water sports instructors and their participants is available from national sport governing bodies, such as the British Stand-Up Paddle Association, British Canoeing and the British Kite Surfing Association.  The HSE in many instances produces Approved Codes of Practice and guidance to give advice on and practical examples of good practice.  Although these may not always be directly applicable to the activity in question, they may help duty holders (in this case, Lloyd) ensure that people are not unnecessarily (or negligently) exposed to risks to their health and safety, and that suitable risk assessments are in place.  Companies are advised to continually monitor and risk-assess their practices to ensure that they don't compromise on matters relating to health and safety.

If you have any questions relating to this article, please contact Guy Bastable, Charlotte Whitaker or Ben Davies, or any other member of our Corporate Crime and Investigations team for assistance.

This article was written by Nick Mills.