Warning: the following story deals with the death of a child.
Reader discretion is advised.
By KATRINA BRANDON
AFTER 11 days in an induced coma, four-year-old Ivy Bella Roze passed away after drowning in a pool on Spring Court, Morwell.
On December 17, 2024, mother Rhiannon Egan-Lee went to boil the kettle while Ivy and her niece were playing less than 10 metres away, when Ivy moved a panel off their fence to go into the neighbour’s pool.
The next minute, disaster struck.
Ivy was flown to the Royal Children’s Hospital, where after many days of unsuccessful efforts to revive Ivy, sadly, doctors were unable to save her.
According to Ivy’s aunt, Jade Collis, the tragedy was completely avoidable.
For 10 years, the co-op board who owns Ms Egan-Lee’s house and the previous neighbours have argued over who is responsible for the boundary fence.
“The guy next door with the pool owns the house. He bought it last year (2024), and he was told by the real estate company that they had a copy of the pool compliance certificate, so he was told that the fencing had met all of the requirements,” Ms Collis said.
“It doesn’t meet one of them, but he was told it did. The co-op who owns the house that Rhiannon is renting had told Rhiannon upon collecting the keys when she first moved in that the fence needed replacing.
“The fence was also talked about at several of the monthly co-op meetings, and there were other people in co-op properties at those meetings saying they were having the same issue with fencing, and the manager said that it was a massive problem with all of the co-op properties in the area.”
According to Ms Collis, the fence should never have been deemed “okay” because of uneven plank heights, holes and loose panelling.
“The height just initially jumps out at you,” she said.
“It’s just outrageous. I think it adds to the hurt of the incident because this isn’t a tragic accident that couldn’t have been prevented. This is a tragic accident that was completely preventable. It was acknowledged by the co-op that there was a problem with the fence.”
Pool regulations state that pools must be registered with the local council and have adequate fencing that is clear from any climbable objects by children.
According to pool regulations, officials should never have ticked off the Spring St property pool.
On the pool side of the fence, there was no barrier on the property to prevent anyone from getting into the pool, and a garden bed about a metre away from the fence and the pool.
A council spokesperson told the Express that the property with the pool was inspected on February 18, 2024, and the inspector issued a certificate of compliance on February 28.
“We send our heartfelt condolences to the family of Ivy, who passed away in such tragic circumstances,” the spokesperson told the Express.
“Community members who own or live at a property with a pool or spa are encouraged to check their barriers regularly and, if in any doubt, arrange an inspection to ensure they remain in a safe and compliant condition.”
Council does not inspect pools to register their safety compliance. Property owners and occupiers are responsible for ensuring that their swimming pools comply with state government pool safety barrier regulations. Registered building surveyors or registered pool inspectors inspect swimming pool barrier compliance.
Once a pool inspection has been completed, it is a requirement for the property owner to register the pool safety certification with the council as the authority responsible for administering records of pool safety compliance certification.
More than a month after the incident, Ivy’s family hasn’t heard from the co-op, not even for condolences.
After the incident, the new neighbour brought in contractors to replace the fence. According to Ms Collis, the fence took less than five minutes to remove.
