THE HEALTH and Safety Executive is to prosecute Scarborough Borough Council after a teenager died in one of its swimming pools three years ago.

John Rudderham, 16, was at the Atlantic waterpark in North Bay with friends on a day trip from his home in Hull when the tragedy happened.

He was pulled from the pool after suffering an epileptic fit but later died in Scarborough General Hospital.

An inquest recorded a verdict of accidental death.

The case is due to be heard at Scarborough Magistrates' Court on October 30.

Philip Newell the council's head of legal services declined to comment.