A caravan park company fined £150,000 after a seven-year-old Black Country boy almost drowned in their swimming pool, has failed to get the conviction overturned.

Chad Mole, from Bath Meadow, Halesowen, was found almost lifeless in the deep end of the Splashland pool, in Trecco Bay, Porthcawl, South Wales, in October 2005.

He was revived after being given emergency treatment poolside by lifeguards, but oxygen starvation had left him with “catastrophic brain injuries.”

Upper Bay Ltd was fined last June at Cardiff Crown Court, after being convicted of failing to ensure that Chad was not exposed to risks to his health and safety and was also ordered to pay £182,500 costs.

The firm had denied the offence over two trials with the jury in the first one unable to reach a verdict. Mr Christopher Purchas QC, for Upper Bay Ltd, yesterday told London’s Criminal Appeal Court that Chad’s safety had been solely the responsibility of his father Brian.

He had escaped the attention of his father, who was playing with Chad’s younger brother JJ, aged four, in shallow water, and made his way to the deep end.