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26 September 2008
Luke: report with fiscal by Monday
The Health and Safety Executive are expected to hand over their final report on the tragic drowning of a Dundee schoolboy by the first anniversary of his death on Monday (writes Graham Huband).
The Tele understands the document was either being passed to the Procurator Fiscal in Dundee late today or on Monday, exactly 12 months from the day young Luke Hutton died.

The seven-year-old’s lifeless body was found under covers that had been drawn over the deep end of the main public swimming pool at Olympia Leisure Centre on September 29 last year.

The St Fergus Primary pupil had been missing for around an hour by the time he was located by police officers who had been called to the centre to help search for him.

His heartbroken mother Gail (40) has spent the last year coming to terms with her loss and seeking answers as to how her son came to meet his death.

She has said she has had no contact from any of the parties involved in investigating Luke’s death and has not even had an apology about what happened.

She said, “I just want to know what happened to make sure it can’t happen again to another person’s child. I miss my bairn so much.

“I still just can’t believe it happened. Every time I look at his picture I just start crying.”

The length of time it has taken the Health and Safety Executive to compile their report into the accident has been criticised.

The watchdog did issue Dundee Leisure Trust with seven legally enforceable improvement notices following Luke’s death — all have been acted upon — but their actual report into his drowning has taken a full 12 months to come to fruition.

The document — which will not be made public — will be passed to the local Procurator Fiscal in Dundee by Monday at the latest.

Officials within the fiscal service will then study the HSE’s findings and decide on the next move.

They may opt to bring criminal proceedings, order a Fatal Accident Inquiry or decide that no further action is required.

Olympia is run by Dundee Leisure Trust, a body formed by Dundee City Council to operate the various sports and swimming centres in the city.

Employees of the trust enjoy the same conditions as staff at Dundee City Council and there is a service agreement between the two organisations, but the pair are entirely separate entities.

A trust spokesperson said today, “We have been co-operating with the HSE throughout their investigation.

“However, as they have yet to submit their report to the fiscal service, we cannot comment further at this stage.”