A LIFEGUARD on duty when a schoolgirl suffered brain damage during a swimming lesson was ordered to pay more compensation.

Annie Woodland, ten, a pupil at Whitmore Junior School, Basildon, nearly drowned during a lesson at the town’s Gloucester Park pool in July 2000.

A High Court ruling this year found lifeguard Debbie Maxwell jointly liable, with teacher Paula Burlinson and Essex County Council.

But Ms Maxwell has now been ordered to pay part of the council’s share of damages after a further court hearing.

In a High Court of Justice ruling, Mr Justice Blake decided Ms Burlinson was mainly responsible for the injuries, but Ms Maxwell was the main person in charge of pool safety.

He said: “Ms Burlinson seriously under-estimated the time the claimant was in the water and was unable to explain why she was not observed to be in difficulties when a few feet away.

“By contrast, Ms Maxwell was the lifeguard on duty for the whole pool, located on the opposite side of the pool to where the lesson was being conducted, and would have been entitled to give her primary attention to the group of less experienced swimmers immediately in front of her. It would have taken a number of seconds for her to have been able to respond to a near-drowning incident once observed.

“Nevertheless, she was performing the lifeguard function that the pool rules and past experience both emphasised was the primary role in securing the safety of swimmers. She was trained in rescue procedures, whereas Ms Burlinson was not.”

Ms Burlinson and Ms Maxwell were both employed by a private contractor, but Mr Justice Blake ruled the duo, plus the council, were equally liable to pay a third each of the total damages.

At a later hearing, the council argued Ms Maxwell should pay between 100 per cent and 50 per cent of its share. Mr Justice Blake instead ruled the lifeguard should pay one third of the council’s share in damages and legal costs.

The total payout, which has not been decided, is likely to be a seven-figure amount.

The council said the authority was ruled as partly responsible as the incident happened within school hours.

A spokesman said: “The authority cannot comment specifically on individual cases and it would be inappropriate to comment further, in respect of this claim.”

Vital seconds lost before rescue

SCHOOLGIRL Annie Woodland had been in difficulty for more than 30 seconds before she was pulled to safety.

Swimming teacher Ms Burlinson eventually got the youngster to safety, but by this point she had suffered a cardiac arrest and her brain had been starved of oxygen.

Miss Woodland, now 25 and living with her family in Blackpool, suffered severe brain damage and has been left with learning difficulties, which means she needs care for the rest of her life.

Legal action launched by her father, Ian, originally stalled when judges ruled it would have a “chilling effect” on the willingness of schools to take youngsters on trips.

In 2011, Miss Woodland’s case against Essex County Council was thrown out by a High Court judge.

But this decision was overturned in 2013, leading to a ruling this year that the teacher and lifeguard should have realised sooner that the youngster was drowning.

Her family had originally sought £3million in compensation from various groups and individuals, but the amount the council, Ms Burlinson and Ms Maxwell have been ordered to pay has not been decided by the court.