Ask the Expert: Company fined £900k as residents put at risk of deadly disease  

We take a closer look at incidents reported by the HSE and ask our team of experts what could have been done to prevent or mitigate them.

Company fined following risk to residents

A company has been fined following an outbreak of legionella at its sheltered housing accommodation in Birkenhead, putting vulnerable residents at risk of contracting Legionnaires’ disease.

The deadly bacteria were detected at Vincent Naughton Court following the sampling of its water systems in the communal areas and flats in July and August 2018. With all 44 samples testing positive for legionella, the residents were evacuated from the Sanctuary Housing premises in August 2018. They returned in October and November 2018, after the water system was remedied through the installation of a chlorination unit.

The HSE investigation found that legionella was detected during testing on 16 and 31 July, which prompted a letter being written by Sanctuary Housing to residents, advising that work would be carried out on the water system on 6 August. The letter, dated 3 August, misleadingly stated that the contaminated tap water could be stored in sinks and boiled in kettles. 

More importantly, the letter failed to inform residents that they should avoid using their showers, which would lead to residents being exposed to the risk of Legionnaires’ disease. Further testing on 8 and 15 August confirmed legionella was still present as work to fix the water system was carried out. The residents were later evacuated on 24 August.

A Health and Safety Executive (HSE) investigation found Sanctuary Housing poorly managed the risk of legionella in the water system of Vincent Naughton Court, with staff inadequately trained and supervised. The residents were a particularly vulnerable group due to their age and underlying health issues, putting them at a higher risk of contracting Legionnaires’ disease.

Sanctuary Housing Association, of Castle Street, Worcester pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £900,000 and ordered to pay £11,480.60 in costs at Liverpool Crown Court on 22 October 2024.

Source: HSE

Paul Kent , Senior Health & Safety Advisor at Stallard Kane

Being proactive and implementing a simple procedure when dealing with legionella risk could well have prevented this issue. 

A robust risk assessment, identification of the hazard and subsequent management by testing and treatment of the water system would have reduced, if not eliminated, any risk to the residents. Keeping records and monitoring results would have helped to maintain a safe environment within the building.

When having to react to the results provided by the HSE, the company should have provided suitable and sufficient information to the residents. This should have included the risk from showering in a contaminated water system. 

HSE guidance can be found at: Legionella and legionnaires’ disease – HSE

Contact Us

To find out more about how our 360 approach and expert Health & Safety team can support your business, contact a member of our team at HealthandSafety@skaltd.co.uk.