Ministry of Defence censured over South Uist death 25/1/13
The Ministry of Defence (MOD) has been censured today over safety failings that led
to the death of a 14-year-old cadet.
Kaylee McIntosh died in August 2007 after becoming trapped beneath the boat she was
in when it capsized on Loch Carnan in bad weather.
A Health and Safety Executive (HSE) investigation found a series of serious failings
by Major George McCallum, who was leading the boating trip, compounded by systemic
organisational failings by MOD Army.
General Sir Nick Parker attended today’s Crown Censure meeting and accepted the findings
on behalf of the MOD, formally acknowledging there were health and safety failures.
The MOD cannot face prosecution in the same way as non-Government bodies. Crown Censures
are agreed procedures applicable to Crown employers, including the MOD, in lieu of
criminal proceedings.
HSE’s Director for Scotland and Northern England, David Snowball, who chaired the
Censure said: “The various investigations into the circumstances surrounding this
tragic incident revealed a number of organisational failings by the MOD.
“HSE’s investigation has confirmed that primary failings during the activity amplified
a number of significant underlying organisational failures. In particular, there
was evidence of poor planning, leadership and execution of the exercise, coupled
with inadequate oversight, procurement, monitoring and training arrangements. These
all contributed to the events that took place.
“Together with the considerable failings of Major George McCallum, who was in charge
of this activity and played a significant role in its planning, assessment and implementation,
what should have been an enjoyable and exciting experience resulted in tragedy.
“The evidence brought to light by HSE’s investigation would be sufficient to provide
a realistic prospect of conviction of the MOD in civilian courts. A Crown Censure
is the maximum enforcement action that HSE can take and it serves to illustrate how
seriously we take the failings that led to the death of Kaylee McIntosh.”
Kaylee McIntosh was part of a group from the 2nd Battalion of the Highlanders Army
Cadet Force, taking part in the Annual Camp at South Uist.
On 3 August, Major George McCallum led an exercise to take some of the cadets by
boat from the jetty at Loch Carnan to Loch Skipport where there was a training area.
Due to poor weather, the trip was abandoned part way through, but while trying to
turn around, one of the boats capsized throwing everyone overboard. Kaylee was trapped
beneath the boat for about two hours before it was realised she was missing.