Zero Drownings - Our Journey for Hannah: April 2016

Thursday, April 14, 2016

William’s Law: A deterrent for preventable deaths

William Corben, his face is a reminder on why Pool gates must never be propped opened

Propped opened pool gates, a sliding door breached via the removal of a bracket and a lack of supervision contributed to the death of William Corben.   Coroner John Lock ruled that the owners of the home should be referred to the Director of Public Prosecutions for further review for failing to supervise a child under 12.   It comes as 13 other children in Queensland since July 1 2012 lost their lives due to intentional pool fence breaches. Swimming pool laws were amended after the death of Hannah Plint in 2007.

In 2008 Coroner Kaye Ryan ruled an illegally built deck between the house verandah and the pool fence contributed to her death. A deliberate breach to the building code by an owner builder. The house was then sold to the Plints with approvals from Council and a Private certifier. How could pool safety have gone so horribly wrong? The Plints fought for change so others wouldn’t endure their pain. The Corben’s, Mrs Kelly Taylor, the Tognola’s are all families fighting to save your kids around Pool and Water safety.      Yet, the trolls in their uneducated views find it easier to simply blame mum. The targeting of mothers via social media, emails and even snail mail is a gross injustice that contributes to further heartache.

Since the overhaul in 2009 and 2010 under BOLA 1 and 2, deaths in Qld have dramatically reduced for toddlers under five years of age.   Compulsory certification has contributed to a reduction in deaths from 15 children on average to currently four in the previous year (2015). The last domestic pool death for a toddler under five was in March of 2015. This death was investigated at the same as William Corben.

The fight for pool safety isn’t about children being taught to swim. We advocate the teaching of survival skills. We know as parents that more often than not swimming won’t save them and it hasn’t saved many.

Out of the 13 children killed by propped opened gates since 1^st July 2012, 11 of those children had been enrolled in swimming lessons at some point in their short lives. Of those 11, two children were suffering horrible medical conditions and had to be pulled out of the pool. Epilepsy and Chronic Eczema. William Corben had suffered bouts of chronic eczema so severe his mother Hayley states he would scratch in his sleep causing it to bleed and have the skin peel away. It was so painful to even walk in the crevices of his limbs. Swimming lessons were important to the Corben’s however they had strict rules that William was never in a body of water without either parent, and Hayley Corben stated to their new neighbours that William was to be supervised at all times by her. On one occasion another neighbour took Will for a swim and was in the water with him. On the day he died not one adult was in the water with him and the rules strictly spoken rules were broken. William died because in my opinion, no one cared about his safety.   The coroner stated the Pool owners were ‘cavalier’ in their approach.
I hear many in social media say “my kids can swim”, “teach your kids to swim” and then they throw the Kids Alive in the faces of parents such as the Corben’s after such a loss. At the time of William’s death swim schools were linking articles to William and promoting enrolments.   It was excruciating to watch a family be used, abused and horribly dealt such an injustice. Not one swim school supported the Corbens in their loss, instead they added only heartache along with social media trolls.

Legislation exists for one reason. To save lives.   The current consequences in the Criminal Code, whilst they exist, aren’t specific and to date have never been enforced to charge a person directly responsible for the death of a child under these circumstances.    I recall the charge code and also that of Negligence causing death in Hannah’s case. For six weeks I sat on the mere fact and I truly believed I was going to Jail.   Social media judges wanted me in jail and some wanted me dead, whipped to a pulp and two wanted my head under water also. The investigation for any parent is horrific.

William’s Law is not about making parents or pool owners go to jail. It’s a deterrent so kids won’t die.   There is no current consequence for relaxed, ignorance of the current strict standards in Queensland that surround pool legislation.   Fines apply for breaches and prosecution via councils exist for those pool owners who refuse to fix their pools.   However if you prop open a gate or remove the gate or intentionally make access to the pool and a child drowns and then dies YOU ARE RESPONSIBLE because drowning is preventable.   Rarely do kids climb gates or fences and drown. Seriously, the statistics tell us this.    Able bodied children with the upper body strength to pull 25kg weight over a fence are less likely to drown, they make too much noise and many are found.    Girls are more able to breach a pool fence with objects, boys destruct and go through broken panels. After 94 sitting inquests I’ve read the briefs and findings of too many drownings, the stats speak loudly.   Such a shame the facts aren’t reported correctly.

William’s Law will deter a pool owner in the future.   A campaign with William’s face and the words of parents will amount to lives being saved.    If a law specifically for Pool owners relating to the legislation and its compliance to pool fences is in place, pool owners (tenants if rented) will be second guessing their actions when it comes to safety.

Of the 13 children who died in Qld, 12 of those children were visitors to properties that were either rented or owned. In one case Coroner Clements disgustingly accepted brief from QPS and found on review (not an open inquest) that a child had propped opened the gate. This was an appalling injustice to the death of the little girl who was only in the house for 15 mins before she was found face down. The tenants of the house continued, even after the death, to prop the pool gate open.   They had not changed their ways. Instead it was just easier to blame the mother. Supervision is paramount but so too are barriers.
Supervision breaks down daily in any household.   Pool or no pool.   Barriers to dangers in the home prevent deaths and bide parents time. Every time I see a child picture posted on social media covered in pen and comments laughing at it I have to ask “where was the supervisor?. The usual comments from the supervising carer vary and many are the same as my own such as changing a nappy, in the loo, feeding another child the list goes on. There is no difference between a lapse in supervision when a child covers itself in biro or grabs the tv and pulls it down on themselves or the jug in the kitchen or drowning in a pool. The contributory fact here is BREAKDOWN IN SUPERVISION and a barrier breakdown at the same time. Childhood dangers exist in every home. The facts are kids die every day in the home. Most, if not all, are preventable. Yet the parents who lost their child to drowning are the ones targeted on a daily basis. Stigma is real. Stigma is cruel. Stigma hurts the grieving.
William’s Law promotes active supervision in and around water and tells William’s story. If Hayley and Rob Corben have to endure the heartache of losing their son they won’t sit silent and let it slide. Nor should they. They want children saved. They want to prevent other parents from falling helplessly into despair and grieving the loss of their child. They had a life of dreams for both their sons William and Tom. Those dreams were shattered by the very action of a pool owner who was relaxed in pool safety.   WHY?

William’s Law is a deterrent.   It will hopefully prevent pool deaths via propped open pool gates. It will aid in stopping childhood drowning with toddlers and help keep the statistics to zero. Toddlers matter. They are our future. William was the future of the Corbens.   His legacy lives on via William’s Law. It is all they have along with four years of memories. The coroner believes a deterrent is needed. He too has seen and heard too many deaths in his court room. If Coroner John Lock stepped up to the plate to bat for kids, it’s time for the community and the government to do so too.   William’s Law must exist for the safety and the lives of young children.

It’s time to STOP children drowning in backyard pools by making people accountable for their actions and hopefully educating them against making the biggest mistake of their life. Propping open their gate.

If you currently practise the act of propping open your pool gate even for a moment, RETHINK IT.    William’s face should remind you to shut and keep the gate shut. Drowning can happen to anyone, anytime, anywhere.    It’s totally preventable.

Coroner John Lock: Findings on William Corben

Facebook page: William's Law

Katherine Plint