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Legionella death from Council care home stay results in large fine


of a pensioner, exposed to legionella at one of its care homes. Mr Lewis Payne, who was 95-years-old arrived at


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the council run care facility, The Willows, for recuperation. He had previously been in hospital having suffered a broken leg and was attending The Willows to receive intermediate care before return- ing to his own home. However, during his stay he began feeling unwell


and was re-admitted to hospital where a test proved positive for the presence of Legionella. He


eading Borough Council has been fined £100,000 after being prosecuted by the Health & Safety Executive over the death


underwent treatment for the disease, but later died from pneumonia. The court was told the council’s arrangements


had not been robust enough in a number of areas: • The Legionella training for key personnel at The Willows was significantly below the standard required;


• There were inadequate temperature checks and some of those done with respect to Thermostatic Mixer Valves (TMVs) were done incorrectly;


• Showers were not descaled and disinfected quarterly as required; and


• Flushing of little used outlets was reliant on one member of staff and there was no procedure for


this to be done in the absence of that member of staff.


Systemic failings


HSE said the failings were systemic and continued over a period of time, with a history of legionella problems at the home. Reading Borough Council admitted breaching Section 3(1) of Health and Safety at Work etc. Act 1974 and was fined £100,000 with £20,000 costs at Reading Crown Court. After the hearing, HSE inspector Kelly Nichols


said: “Reading’s failings were systemic and continued over a period of time. There was a history of legionella problems at the home. The control and management arrangements were not robust and the legionella training of key personnel fell significantly below the required standard. “The risks from legionella in nursing and care


homes and the required control measures to manage those risks have been know and publicised in HSE publications since May 2000. It is really disappointing to find a local authority not managing those risks. It is important for all care providers to ensure they are managing the risks from hot and cold water systems with respect to both legionella and scalding risks especially due to likely exposure of more vulnerable people.”


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18 | HMM March 2016 | www.housingmmonline.co.uk


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