Death of boy, 10, who fell down manhole 'could have been avoided', inquiry rules

A 10-year-old boy tragically fell down a manhole at a building site in a death that could have been avoided, an inquiry ruled.

Shea Ryan, 10, died on July 16, 2020, after he climbed through an unsecured fence within the Garscadden Burn Outfall building site in Drumchapel, Glasgow,and fell 20ft down an incomplete manhole. The youngster suffered a catastrophic head injury and in April, 2023, contractor RJ McLeod was fined £800,000 for health and safety failings in relation to his death.

Now a ruling from Sheriff Stuart Reid, presiding over a Fatal Accident Inquiry at Glasgow Sheriff Court, concluded that both the main contractor RJ McLeod (RJM) and joint venture Amey Black & Veatch (ABV) failed to take 'reasonable and sufficient measures' to protect the public from danger at the site. It comes after a mum a left 16-month-old home alone to die when she went on holiday.

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The sheriff identified multiple precautions that could “realistically have resulted in the accident and Shea’s death being avoided".

On July 2 2020, before the site was temporarily transferred from ABV to RJM, a heavy ballast bag full of building material known as “Grano” placed on top of the manhole to prevent access was removed.

ABV never notified RJM of this change, despite the repeated incidents of unauthorised access by kids or damage to perimeter fencing at the site. RJM also never took action to replace the ballast bag or secure, weigh down or fasten the cast-iron lid on top of the manhole. They also failed to inspect the manhole at the end of each working day.

Procurator Fiscal Andy Shanks said: “Shea 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.

“Shea’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 Shea’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 Shea’s death were presented in evidence.”

In light of the findings, Sheriff Reid made eight recommendations, reported the Daily Record. 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.

Shea's mum Joanne Ferguson paid tribute in a statement in 2023: "My son is not here and that destroys me every day. That totally avoidable accident has ruined my life and my kid’s lives – I don’t even feel human anymore at times because of the grief. Wee Shea is missed every second of every day and his family and friends will always love and miss him."