Legionella outbreak leads to £900k fine for housing association

  • Health & Safety
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Peninsula Team, Peninsula Team

(Last updated )

A legionella outbreak at a sheltered housing association in Birkenhead has resulted in a fine for the company that operates it.

Vulnerable residents were put at risk of contracting Legionnaire’s disease, a potentially fatal type of pneumonia. They had to be evacuated in July and August 2018, when the bacteria was detected during sampling of the water systems in the communal areas and flats.

44 samples tested positive for legionella at Vincent Naughton Court – this prompted an evacuation of all residents. They could not return to their homes until October and November 2018, when a chlorination unit was installed to remedy the water system.

An investigation by the Health and Safety Executive (HSE) found the company, Sanctuary Housing, had poorly managed legionella risks present in the water system. Staff were inadequately trained and supervised, and residents were deemed especially vulnerable due to their age and underlying health issues. This in turn heightened the risk of any potential legionella outbreak, as they would be more likely to contract the disease.

HSE discovered that between 16 and 31 July, Sanctuary Housing had detected legionella in their water system. They had written a letter to residents on 3 August, advising that works to remedy this would take place on 6 August.

This letter had given false information to residents, which advised them they could safely store contaminated tap water in sinks and boil it in kettles. The letter crucially neglected to advise residents to avoid using their showers – as this could expose them to the risk of Legionnaire’s disease.

Appearing at at Liverpool Crown Court on 22 October 2024, Sanctuary Housing Association 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

HSE inspector Rose Leese-Weller said:

“Sanctuary Housing failed to protect vulnerable residents living at Vincent Naughton Court through its mismanagement of the site’s water system. It is very fortunate that none of the residents became ill as they were allowed, without any proper warnings, to continue to use the grossly contaminated water for a large period of time.

“Not only was there a failure by Sanctuary Housing to manage the risk of contamination in its water systems, but the company had not provided its staff with adequate instruction and training.”

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