HEALTH and safety bosses have dropped their charge against North Yorkshire County Council after an incident at a swimming pool in which a child had to be resuscitated.

The Health and Safety Executive (HSE) has ruled it is “not in the public interest” to prosecute the council over problems at the Bewerley Park outdoor education centre.

The authority, which operates the centre, was cleared earlier this year of breaching health and safety legislation, following the death of 14-year-old Tadcaster schoolboy Joe Lister, who drowned on a caving trip in 2005.

But the council also faced an allegation over a separate incident in May 2008 at the centre, when a primary school pupil, who cannot be named for legal reasons, was found face-down and not breathing in a swimming pool. The child later made a full recovery.

The council was charged with an alleged breach of the Health and Safety at Work Act 1974, but the HSE offered no evidence for the case during a hearing at Leeds Crown Court.

Prosecutor Michael Elliker said the HSE had reviewed its position since the Joe Lister trial and concluded the council had made progress regarding the centre.

A council spokeswoman said: “We welcome the decision and regard it as appropriate the HSE has taken the steps it has taken not to proceed with the proposed prosecution.”