Ten-year-old Shéa died from a fall down an open manhole on 16 July 2020 after gaining access, along with a number of other children, to a Drumchapel construction site through an unsecured fence.
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 Ryan’s death being avoided.
Sheriff Reid also made eight recommendations.
Seven were for the Health and Safety Executive in respect of reviewing existing practices, policies and procedure 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 practices, procedures and policies to ensure that risk assessments are carried out for children’s play parks where there are nearby construction sites.
This Fatal Accident Inquiry (FAI) follows 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 Ryan’s death, identify the learning and help to avoid such incidents happening 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.
The Procurator Fiscal, who acts in the public interest, provided detailed and comprehensive evidence to the Inquiry on the facts and circumstances of Shéa’s death.
Following the publication of the determination, 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.”