David Lloyd Leisure Group is to be prosecuted over alleged health and safety breaches following the death of a three year old boy in one of their pools.
Rocco Wright died after being found in the pool in Moortown, Leeds, in April 2018.
Leeds City Council made the announcement on Monday after an inquest juryreturned a conclusion of an accident at a hearing in Wakefield.
The hearing was told that there was only one 17 year old lifeguard on duty at the time of the incident.
The death of a child in any circumstances is tragic, and we continue to offer the Wright family our sincerest sympathy. Leeds City Council's Health and Safety Inspectors have investigated the circumstances of Rocco's death and believe that David Lloyd Leisure Ltd have committed offences under the Health and Safety at Work etc. Act 1974 which we intend to prosecute in the near future. We will keep in regular contact with the family and ensure they are informed and supported throughout this next stage. >
At the heart of this is a three year old boy who has lost his life. The family remain devastated by the loss.
David Lloyd Leisure would like to express our deepest sympathies to Rocco’s family. Our thoughts remain very much with them and also with those at the Club who were closely involved at the time of this tragic accident. Families lie at the heart of David Lloyd Leisure, and this has been an enormous shock to the entire business.
Last week, Rocco's father told the jury his son's death "could and should have been prevented".
Mr Wright described how his panic grew as he searched for Rocco before hespotted him at the bottom of the main pool.
The jury found that the youngster had probably been under the 1.2m (4ft) deep water for more than two minutes.
Mr Wright explained how he was with Rocco and his daughter at the poolside and was planning to take his son swimming as his daughter had her regular lesson, but this class was cancelled.
He explained how he searched for his son before spotting him under the water, puling him to the side.