Manchester care home fined over Legionnaires' risk

Date:

1 April 2010

Release No:

HSE/NW/054MoseleyRubber

A care home company has been fined £5,000 after putting elderly residents in Manchester at risk of catching Legionnaires' disease.

SJ Care Homes Ltd was prosecuted by the Health and Safety Executive (HSE) after the company failed to comply with an enforcement notice issued at one of its nursing homes.

HSE Inspector Sandra Tomlinson issued the notice after a routine visit to Beech House Nursing Home on Yew Tree Lane in Wythenshawe on 24 February 2009. The visit revealed the care home did not have the required precautions in place to control legionella bacteria.

The enforcement notice gave the company six weeks to write a plan for managing the level of legionella bacteria in the care home's water system. But when the inspector revisited on 6 April 2009, no action had been taken.

After the hearing at Trafford Magistrates' Court, Ms Tomlinson said:

"It is vital that care homes have plans in place to make sure the level of legionella bacteria in their hot water systems does not become unsafe.

"Legionnaires' disease is a potentially fatal form of pneumonia, which mainly affects older people and those with poor health.

"Sadly, SJ Care Homes didn't take this risk seriously and failed to act even when we issued a formal written warning. We therefore had no other choice but to prosecute."

SJ Care Homes, of Harrow in Middlesex, pleaded guilty to breaching Section 33(1)(g) of the Health and Safety at Work etc Act 1974 by failing to comply with an enforcement notice. The company was ordered to pay £3,607 towards the cost of the prosecution in addition to the fine at Trafford Magistrates' Court on 7 April 2010.

Legionnaires' disease is caused by bacteria found naturally in rivers, lakes and reservoirs, but which can multiply and become dangerous in some purpose-built water systems.

More information on Legionnaires' disease is available at www.hse.gov.uk/legionnaires.

Notes to editors

1. HSE is Britain's national regulator for workplace safety and health. It aims to reduce injuries and illness in the workplace.
2. Section 33(1)(g) of the Health and Safety at Work etc Act 1974 states: "It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal)."
3. HSE issues enforcement notices when it finds serious breaches of health and safety regulations. There are two types of notices - improvement and prohibition. Improvement Notices require changes to be made within at least 21 days, and Prohibition Notices stop work from taking place until specific improvements have been made.

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