• 25 January 2016

Council Fined After Legionnaires’ Disease Death

by Macks Solicitors

A local authority has been fined £100,000 after an elderly man died after contracting Legionnaires’ disease in a care home.

Lewis Payne, who was 95, had been receiving hospital treatment after breaking his leg and went to the council-operated Willows facility in September 2012 to receive care until he was able to return home.

But he started to become unwell and complained of pains including a tightness in his chest and breathing difficulties, as well as nausea.

Mr Payne returned to hospital where tests confirmed the presence of Legionella. Despite treatment, he died from Legionella-related pneumonia on November 1.

Reading Magistrates’ Court heard that Reading Borough Council’s measures to minimise the risk from legionella before November 2012 were inadequate in several ways.

Training for key personnel was significantly below required standards and temperature checks were either inadequate or carried out wrongly. Showers had not been disinfected and descaled quarterly.

The Health and Safety Executive (HSE) said the shortcomings were systemic and longstanding, with a history of similar problems at the site.

Reading Borough Council pleaded guilty to an offence under the Health and Safety at Work Act 1974. The authority was ordered to pay a fine of £100,000, plus £20,000 in costs.

“Mr Payne’s family has lost a loving father, grandfather, great grandfather and just before his death he had become a great, great grandfather,” said HSE inspector Kelly Nichols. “His family expected him to return home from the hospital to resume his normal active life. He never did.

“Reading Borough Council could and should have controlled the risk of exposure to legionella to the elderly and infirm as well as those receiving immediate care prior to returning home.

“The risks from legionella in nursing and care homes and the required control measures to manage those risks have been known and publicised in HSE publications since May 2000.”

Legionnaires’ disease is a serious lung infection caused by Legionella bacteria.

Early signs often include flu-like symptoms such as headaches, muscle pain, fever, chills, tiredness and confusion.

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