Death of boy, ten, who fell down Glasgow manhole 'avoidable', Fatal Accident Inquiry finds

The death of a boy who fell down a manhole shaft was “avoidable”, a Fatal Accident Inquiry has found.

Shéa Ryan died in July 2020 when he climbed through an unsecured fence on a building site in Drumchapel, Glasgow, and fell 20ft down a manhole shaft.

During a hearing at Glasgow Sheriff Court, 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 prevented the ten-year-old’s death.

It was deemed that there was insufficient communication between the companies regarding numerous incidents of vandalism and unauthorised access at the site.

Sheriff Reid stated that “reasonable and sufficient measures” were not taken to block the manhole shaft and that the area should have been inspected at the end of every working day.

The inquiry also determined that more efforts could have been made to ensure the perimeter fencing was secure.

Following the inquiry, Sheriff Reid 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 ten-year-old fell 20ft down a manhole shaft. HSE

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.

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.” 

The inquiry comes after the construction company, RJ McLeod (Contractors) Limited, pleaded guilty in April 2023 to a contravention of health and safety legislation which led to Shéa’s death.

They were fined £800,000 for the incident. A number of changes to security arrangements were made after Shéa’s death.

These included the installation of an extra layer of fencing at the part of the site next to the play park, CCTV on the perimeter fence, motion sensors, and the securing of manhole covers with ballast bags.

A formal process for recording damage to perimeter fencing identified during daily inspections was introduced, which had not existed prior to the ten-year-old’s death.

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 are 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.