6 days ago
Verdict of FAI into death of Glasgow schoolboy Shéa Ryan
Shéa Ryan died after falling down an open manhole on July 16, 2020, after gaining access to a construction site in the north-west of Glasgow through an unsecured fence along with a number of other children.
A Fatal Accident Inquiry (FAI) into the 10-year-old's death was held between August 26 to September 9 last year.
Now, the Crown and Procurator Fiscal Service (COPFS) confirmed the determination from the discretionary FAI has been published.
In his determination, Sheriff Stuart Reid found that there were five reasonable precautions that could have been taken by Amey Black & Veatch and RJ McLeod (Contractors) Limited, which may have realistically resulted in Shéa's death being avoided.
Sheriff Reid also made eight recommendations within a 126-page document.
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Seven were for the health and safety executive to review existing practises, policies, and procedures and to consider revising them.
These included a review of published guidance to protect children, record incidents of perimeter breaches, prevent unauthorised access to incomplete manholes and promote cooperation and information sharing between principal contractors.
The eighth recommendation was that Glasgow City Council and other local authorities should review and consider revising practises, procedures, and policies to ensure that risk assessments are carried out for children's play parks where there are nearby construction sites.
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Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said: 'Shéa Ryan's tragic death has been a catastrophic loss for his family.
'They have my deepest sympathy as they continue to deal with the pain they have suffered. Shéa's death occurred in circumstances giving rise to significant public concern and as such a discretionary Fatal Accident Inquiry was instructed.
'The sheriff's determination is detailed and notes recommendations in relation to reasonable precautions that could have been taken to avoid Shéa's death and identified learning to help avoid such incidents happening to other children in the future.
'This FAI followed a thorough and comprehensive investigation by the Procurator Fiscal, who ensured that the full facts and circumstances of Shéa's death were presented in evidence.'
This FAI followed the prosecution of RJ McLeod (Contractors) Limited in April 2023 for a contravention of health and safety legislation, which led to Shéa's death.
The Procurator Fiscal decided that it was in the public interest to hold an FAI to examine the full circumstances surrounding Shéa's death.
It was also held to identify the learning and help to avoid such incidents in the future.
Unlike a criminal trial, an FAI seeks to establish the facts surrounding the death and is not a hearing which apportions blame.
A spokesperson for Digby Brown Solicitors, who represented the family of Shea Ryan, said: 'This determination shows Shea's death was an avoidable tragedy. Despite concerns being raised about the unauthorised access at the site, the main contractors failed to take steps to secure it and deal with hazards which might have prevented Shea's death.
'There will never be the words that accurately describe the anger, pain and grief Shea's family is continuing to feel five years since that night.
'The recommendations by Sheriff Reid for the Health and Safety Executive to revise guidance to ensure the safety of children are welcome.
'Maintaining perimeter fencing and properly securing manholes should already be an essential part of maintaining a construction site.
'It is hoped these changes will ensure contractors will share information about instances of unauthorised access, damage to perimeter fencing and other equipment will prevent any future harm or fatalities on construction sites."
