UAE court upholds conviction over child’s drowning

Sharjah: The UAE Federal Supreme Court has upheld the conviction of a supervisor who left a group of children at a swimming pool before the coach had taken charge of them, after one child drowned during the trip.

The court rejected the supervisor’s appeal against his conviction for causing the child’s death through negligence. Both he and the person responsible for supervision at the swimming pool were convicted, both were fined Dh1,000 each and ordered to pay blood money (diya) jointly.

The Public Prosecution had charged the two men with causing the child’s death through negligence, accusing them of breaching their duties of care and supervision and failing to take the necessary precautions to protect the children.

In its ruling, the Federal Supreme Court stressed that an adult’s responsibility for children does not end simply by bringing them to a sports club or other designated facility. The duty of care continues until the children are directly handed over to a specific person who has actually assumed responsibility for their safety.

Child drowned during first visit to swimming pool

The incident occurred when a supervisor took a group of children from a Quran memorisation centre to a swimming pool at a sports club in the UAE.

After arriving at the venue, the supervisor left the children before the swimming coach had begun his duties and taken over their supervision.

During the period when the children were without direct supervision, one child entered the pool. It was the child’s first time in a swimming pool, and the child could not swim. The child drowned and died.

The Public Prosecution referred two people to trial: the person responsible for supervision at the swimming pool and the supervisor who had accompanied the children from the Quran memorisation centre.

The prosecution accused both of failing to fulfil their respective responsibilities and take the necessary measures to protect the children from the dangers of the swimming pool.

The court found that both had breached the duties arising from their roles, leaving the children without the effective supervision needed to prevent the fatal incident.

The Court of First Instance convicted both defendants, imposed a Dh1,000 fine on each and ordered them to pay blood money (diya) jointly. The Court of Appeal upheld the judgment.

Supervisor argued responsibility ended at club

The accompanying supervisor challenged his conviction before the Federal Supreme Court, arguing that his role was limited to escorting the children to the sports club and that his responsibility ended when they arrived.

He maintained that supervision inside the facility was the responsibility of the club’s staff and swimming coach.

The court rejected his argument, ruling that the arrival of children at a venue does not automatically transfer responsibility from the accompanying adult to the facility’s employees.

It said the supervisor should have remained with the children until the swimming coach had directly received them and actually begun supervising them.

The court stressed that leaving children at a facility on the assumption that someone else would take over was not sufficient. A proper handover requires the person taking over to know that the children are present, understand any circumstances relevant to their safety and begin supervising them in practice.

Court highlights child’s lack of swimming experience

The court also emphasised that the circumstances required particular care because the child had never been in a swimming pool before and could not swim.

The supervisor was required to inform the swimming coach of the child’s lack of swimming ability so that appropriate precautions could be taken before the child was allowed near or into the pool.

The court said the supervisor’s responsibility extended beyond transporting the children to the club. He was also required to ensure continuity of care and prevent any gap during which the children were left without effective supervision.

It further stressed that a person entrusted with a child’s care remains responsible for the child for as long as the child remains under their supervision. That responsibility does not end merely because the child has been brought to a facility or a location designated for an activity.

The Federal Supreme Court consequently rejected the supervisor’s appeal and upheld his conviction for causing the child’s death through negligence.

Lawyer explains significance of ruling

Commenting on the judgment, legal consultant and lawyer Mohammed Ali Al Hammadi said the ruling highlights the importance of continuous supervision of children and ensuring that responsibility is properly transferred before an accompanying adult leaves.

He explained that taking children to a designated facility does not, in itself, relieve the accompanying adult of their duty of care. The handover must be direct and actual, with the person receiving the children aware of their presence and ready to assume responsibility for their safety.

Al Hammadi added that adults supervising children must communicate relevant information about their abilities, needs and lack of experience with particular activities, especially when those circumstances affect the level of care required.

The judgment reinforces the principle that responsibility cannot be transferred simply by assuming that a facility’s employees or coaches will take over. The receiving person must have genuinely assumed supervision before the accompanying adult can leave.

The ruling is particularly relevant to group outings and activities organised by Quran memorisation centres and other institutions for children, where responsibility may pass between accompanying supervisors and staff at the destination.

It also highlights the potentially fatal consequences of even a brief interruption in supervision. Where negligence and its connection to the resulting harm are established, a failure to maintain proper care may lead to criminal liability.