Sheriff Stuart Reid has published his determination in the fatal accident inquiry into the death of Shéa Ryan.

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.

Sheriff 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 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.

The 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’s death, identify the learning and help to avoid such incidents happening in the future

Procurator fiscal Andy Shanks, who leads on fatalities investigations for the Crown Office, 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.”

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.