A COMPANY behind a swimming pool where a schoolgirl died is being prosecuted for alleged negligence.

Michelle Gellard, seven, died at Blackwater Leisure Centre, in Maldon, in June 2008 after visiting the pool with friends.

The Health and Safety Executive has said it planned to prosecute Leisure Connection, which runs the pool for Maldon District Council .

The company is due to appear at Chelmsford Magistrates’ Court next month, charged with breaching the Health and Safety at Work Act.

A section of the Act states it is the employer’s duty to ensure “so far as is reasonably practicable” those not in its employment are not exposed to risks to their health and safety.

Michelle, of East London, had been taking part in a judo tournament. After competing, she was taken to the pool, along with five other children, by the mother of one of the youngsters.

Michelle was found unconscious in the water. In May last year, a week-long inquest found she died as a result of an accident.

Speaking after the inquest verdict, a Health and Safety spokesman refused to rule out criminal prosecution. The executive confirmed on Monday a decision has been reached on the investigation.

Leisure Connection, which runs more than 70 leisure and arts facilities in the UK, is due to appear in court on September 11.

Councillor Bob Boyce, leader of Maldon District Council, said: “The council is aware the Health and Safety Executive has decided to take legal action against Leisure Connection. We will not comment while this legal process is under way.” A Leisure Connection spokesman said he could not comment.