The family of a Dundee boy who died after being found unconscious in an Arbroath caravan park’s swimming pool are suing the campsite’s owners for £50,000.
Aidan Sands, from the Kirkton area of the city, was spotted at the bottom of the pool at the Red Lion Caravan Park in May 2011.
The six-year-old Mill o’ Mains Primary School pupil’s lifeless body was quickly dragged out of the water but he died at Ninewells Hospital four days later surrounded by his family.
The Crown Office has still to determine whether there are criminal proceedings against the campsite’s owners, Loch Earn Caravan Parks Ltd, which is based in Errol.
Aidan’s mum Mandy sought legal advice about pursuing a claim before she died, aged 36, in February last year.
Now Aidan’s grandparents, Tom and Kathryn, have taken on the claim and filed court papers against the firm earlier this year.
Brian Castle, partner at solicitors Digby Brown’s Dundee office, said: “I can confirm that Digby Brown is representing the family in this matter in a Court of Session action.
“The circumstances of this case are deeply tragic and we have raised civil proceedings because we are determined and committed to helping the family get answers to the many questions they still have about what happened.”
Aidan’s family want to find out why he died and ask questions about staffing at the pool at the time.
But until the Crown Office makes its decision, statements given by witnesses, members of staff and police officers remain locked up and cannot be released to the family’s solicitors at Digby Brown for them to pour over.
There is a time limit of three years for making a personal injury or fatality claim, which forced the lawyers to act.
A spokesman for the Crown Office and Procurator Fiscal Service (COPFS) confirmed it was still considering the case.
He said: “Police Scotland and Angus Council carried out a joint investigation, under the direction of COPFS, into the death of a six-year old boy on June 22 2011, after an incident on June 18 2011 at the Red Lion Caravan Park.
“A prosecution report has now been submitted to the COPFS, and remains under consideration by our health and safety division.”