A JUDGE has ruled that Blackpool Council must pay more than £120,000 for its part in the tragic drowning of Fylde schoolgirl - four-year-old Emma Jane Farrar.

The council - which pleaded guilty to offences under the Health and Safety Act earlier this year - were also ordered to pay £11,000 costs by Justice Douglas Brown at Preston Crown Court last Thursday.

The fine comes just weeks before the third anniversary of the death of the Park School pupil following a swimming lesson at Woodlands School, Whitegate Drive in the resort, on November 13, 2001.

Earlier in the trial, swimming teacher Pauline Mills and Emma's former headmaster, Keith Berry were acquitted of charges of manslaughter and Health and Safety breaches, respectively.

Describing the amount of time it had taken to bring the case to court as "scandalous", Justice Brown told how, despite introducing a pool safety policy in October 2001, the council had failed to ensure staff accompanying children to the pool were adequately trained and monitored.

He also pointed out that Emma - who had moderate to severe learning difficulties - like many young children, had "absolutely no sense of danger".

Speaking outside the court, council Chief Executive, Steve Weaver, confirmed that since Emma's death the council had acted upon recommendations from the Health and Safety Executive (HSE) as well as overhauling their own internal safety policies.

These include an overhaul of school pool safety precautions, transferring control of the Woodlands Pool to the council's Leisure Services Department as well as launching their own investigation into the tragedy.

Mr Weaver said: "Blackpool Council first and foremost wish, once again, to express deepest sympathy to Emma's family for their sad loss. He added: "What happened that day should never have happened.

"Our assurance to the people of Blackpool is that we, as a council, have taken every possible precaution and put in place stringent procedures to ensure that all lessons from this very sad tragedy will have been learnt."

Flanked by friends and family, Emma's mother - Samantha Ogden, 33 - left the court after hearing, once again, how her daughter was discovered floating face down in the water more than 20 minutes after the rest of her class had returned to the pool changing room.

Family friend, Jacqui Jackson said: "We think the Judge was very fair in his summing up of the case but the size of the fine was irrelevant. No amount of money is ever going to bring Emma back."

The officer in charge of the investigation into Emma's death, Detective Inspector Peter Broome said: "This was a very tragic case for everyone concerned and a particularly difficult and sensitive investigation.

"No-one can imagine the trauma suffered by Emma's mother."