Suspended prison sentence for gas fraud plumber

Date:

17 November 2009

Release No:

EM/?/09

A plumber from Forest Town, Mansfield has been given two suspended prison sentences and 100 hours community service for endangering homeowners' lives in Nottinghamshire and Derbyshire.

The Health and Safety Executive (HSE) and Nottinghamshire County Council Trading Standards jointly prosecuted Lee Underwood, trading as LPH and Lee Plumbing and Heating. After pleading guilty at Mansfield Magistrates' Court on September 29 2009, Mr Underwood was yesterday (Oct 17) sentenced at Nottingham Crown Court.

He was given a 52 week prison sentence, suspended for two years, for two offences under the Fraud Act 2006 after providing a fraudulent CORGI registration and a false business address on Gas Safety Certificates.

He was also sentenced to 20 weeks imprisonment, to run concurrently and suspended for two years, for each of three offences under the Consumer Protection from Unfair Trading Regulations 2008 in relation to falsely advertising in the Mansfield Chad that he was CORGI registered.

The HSE charges were:

• Gas Safety (Installation & Use) Regulations 1998 (GSIUR) Regulation 3 (1) for carrying out gas work while not competent.
• GSIUR 3 (3) for carrying out gas work while not CORGI registered.
• GSIUR Regulation 26(1) for installing a gas boiler which could not be used without endangering people within the premises.
• GSIUR Regulation 29 for failing to leave boiler manufacturers instructions for the occupier of the property.
• Health and Safety at Work etc Act 1974, section 33(1)(l) for intentionally making a false entry in a Landlord's Gas Safety Record for tenanted domestic premises, by inserting a false CORGI registration number.

The Trading Standards investigation revealed that he had provided a further two Gas Safety Certificates giving false CORGI registration details and a false business address at properties in Tibshelf, Derbyshire and in Mansfield where he had installed new boilers.

He was also found to be regularly placing newspaper advertising falsely claiming that his business was CORGI registered.

Judge Michael Stokes, QC also ordered Lee Underwood to complete 100 hours unpaid work. No separate penalty was imposed for the HSE offences but he was ordered to pay costs of £3,000 to HSE and £1,566.64 to Nottinghamshire County Council.

The offences were committed in May and November 2008 at a time when CORGI ran the Gas Safe registration scheme - now operated as the 'Gas Safe Register'. CORGI made reports to HSE about defective gas work carried out by Mr Underwood and following complaints, CORGI inspectors found defects in the boiler installation work he had carried out at three homes.

In one case in South Normanton, Derbyshire, the boiler, which had been left in operation, was classed by the inspector as an immediate danger to life or property and had to be disconnected.

At a tenanted property in Newton it was found that Mr Underwood had signed the landlord's gas safety record using a false CORGI registration number.

Noelle Walker, HSE Inspector, said:

"Every year about 20-30 people die from carbon monoxide poisoning associated with domestic gas appliances, due mainly to these appliances not having been properly installed or maintained.

"We need home owners and landlords to ensure their gas appliances are maintained to a safe standard and checked annually, with copies of the gas safety certificate being provided.

"We will not hesitate to take enforcement action against anyone who puts people at risk by failing to comply with the law."

Councillor Mick Murphy, Cabinet Member for Community Safety at Nottinghamshire County Council, said:

"If consumers have a new gas appliance installed by an unregistered installer it is likely that the manufacturers warranty will be null and void and any subsequent repair or rectification work could be very costly.

"I would urge local people to use our approved trader list to make sure they employ traders who are reliable and trustworthy. Traders on our Buy With Confidence scheme have all been vetted and approved by our trading standards officers. Find plumbers, electricians, gardeners and other traders by visiting www.buywithconfidence.gov.uk or phoning Consumer Direct on 08454 04 05 06."

Homeowners and landlords should always ask to see the ID cards that all Gas Safe Registered engineers carry and which list the areas they are competent to work in. Details of registered engineers are available by calling the Gas Safe Register on 0800 408 5500 or visiting www.gassaferegister.co.uk.

The prosecution comes in Carbon Monoxide Awareness Week which runs from Monday 16 November 2009. The aim of CO-Awareness Week is to raise public awareness around carbon monoxide poisoning in order to reduce the number of fatalities and ill health.

Notes to editors

1. The Gas Safety (Installation and Use) Regulations 1998 state that landlords must ensure that:
   • gas fittings and flues are maintained in a safe condition;
   • an annual safety check is carried out on each appliance;
   • all installation, maintenance and safety checks are carried out by a gas installer registered on the Gas Safe Register;
   • records of each safety check are kept for at least two years; and
   • a copy of the gas safety certificate is issued to the existing tenants within 28 days of the check being completed or to any new tenant before they move in.
2. Anyone employed to work on gas appliances in domestic premises must be a Gas Safe Registered engineer and competent in that area of gas work.
3. Landlords who let out domestic property to tenants must only use a Gas Safe Registered engineer for maintenance and safety checks on gas equipment they own and provide for tenants use in domestic premises. The Gas Safe Registered engineer has to sign a record of that check for the landlord to keep and give a copy to the tenant. If anyone believes that they have had work done by an unregistered installer, they should report it to the Gas Safe Register.
4. Free advice on gas safety is available from the HSE Gas Safety Advice Line on 0800 300 363 (freephone service) and by visiting www.hse.gov.uk.
5. Regulation 3 (3) of the Gas Safety (Installation and Use) Regulations 1998 states: "no employer shall allow any of his employees to carry out any work in relation to a gas fitting or service pipework and no self-employed person shall carry out any such work, unless the employer or self-employed person, as the case may be, is a member of a class of persons approved for the time being by the Health and Safety Executive".

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health and Safety Executive by COI News and PR East Midlands.