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 formally taken responsibility for them, resulting in the drowning death of a child.
The court dismissed the supervisor’s appeal against his conviction for causing death through negligence. Both the accompanying supervisor and the person responsible for supervision at the swimming pool were convicted, fined Dh1,000 each and ordered to pay blood money (diya) jointly.
The Public Prosecution had charged the two men with failing to discharge their duties of care and supervision and neglecting the necessary precautions to protect the children from danger.
In its judgment, the Federal Supreme Court clarified that an adult entrusted with children cannot consider their responsibility discharged simply because they have brought them to a sports club or another designated venue. The duty of care continues until the children are properly handed over to an identified person who has actually assumed responsibility for their safety.
The incident took place when a supervisor accompanied a group of children from a Quran memorisation centre to a swimming pool at a sports club in the UAE.
After reaching the venue, the supervisor left the children before the swimming coach had started his duties or taken charge of them. During the resulting gap in supervision, one of the children entered the pool and drowned. The child had never previously been to a swimming pool and was unable to swim.
The Public Prosecution subsequently referred two individuals to trial: the supervisor who had accompanied the children and the person responsible for their supervision at the swimming facility. Both were accused of failing to meet their respective obligations and take adequate measures to protect the children from the risks associated with the swimming pool.
The courts found that their failure to provide effective supervision had exposed the children to danger and contributed to the fatal incident.
The Court of First Instance convicted both defendants, imposed a fine of Dh1,000 on each and ordered them to pay diya jointly. The Court of Appeal subsequently upheld the verdict.
Supervisor Claimed Responsibility Ended At Club
Challenging the conviction before the Federal Supreme Court, the accompanying supervisor argued that his responsibility was confined to transporting the children to the sports club. He maintained that once they had reached the premises, supervision became the responsibility of the club's employees and swimming coach.
The court rejected this interpretation, holding that the arrival of children at a designated facility does not, by itself, transfer the responsibility of supervision to its staff.
It ruled that the accompanying supervisor should have remained with the children until the swimming coach had directly received them and begun supervising them. Simply leaving the children at the venue on the assumption that another person would take over did not satisfy the duty of care.
The court emphasised that a proper handover requires more than the physical arrival of children at a facility. The person assuming responsibility must be aware of their presence, understand any circumstances relevant to their safety and actually begin supervising them.
Until those conditions are met, the accompanying adult cannot regard their responsibility as having ended.
The court also considered the child's lack of experience in swimming, describing the circumstances as requiring particular attention and precaution.
Since the child had never used a swimming pool and could not swim, the accompanying supervisor was expected to communicate this information to the coach. Such information was important to ensure that appropriate safety arrangements were made before the child was allowed near or into the water.
The judgment underlined that the supervisor's obligations extended beyond organising transport and bringing the children to the sports club. They included ensuring continuity of supervision and preventing any interval during which the children could be exposed to danger without effective adult oversight.
The court further made clear that responsibility arising from the care of a child does not automatically cease when the child reaches the intended destination. It remains in force for as long as the child is under the person's supervision, unless responsibility has genuinely been transferred to another individual.
Court Upholds Negligence Conviction
Finding no grounds to interfere with the lower courts' decisions, the Federal Supreme Court dismissed the supervisor's appeal and upheld his conviction for causing the child's death through negligence.
The ruling reinforces an important principle concerning the supervision of children during organised activities: responsibility cannot be transferred merely through an assumption that employees, instructors or coaches at the destination will take over.
There must be an effective handover to someone who has accepted the responsibility and begun exercising supervision. A failure to establish that transfer may leave the accompanying adult legally accountable for a subsequent incident.
The judgment has particular relevance for schools, Quran memorisation centres, childcare institutions, sports clubs and other organisations arranging outings and recreational activities involving children. Where several adults or institutions share responsibility, each must understand when their own duty begins and ends.
It also highlights the risks associated with even a brief interruption in supervision, particularly in environments such as swimming pools where children who lack swimming experience may face immediate danger.
The court's decision serves as a reminder that safeguarding children requires continuous and clearly established supervision, rather than informal arrangements based on assumptions about who is responsible. Where a breach of the duty of care is established and linked to a fatal outcome, those entrusted with a child's safety may face criminal liability for negligence.
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