In a significant legal ruling, Sanctuary Housing Services Limited has been fined £900,000 following a serious outbreak of legionella at its sheltered housing facility, Vincent Naughton Court, in Birkenhead. The outbreak, which occurred in July and August 2018, put the health of vulnerable residents at grave risk of contracting Legionnaires’ disease.
Investigations revealed that all 44 water samples taken from both communal areas and individual flats tested positive for the deadly bacteria. As a precaution, residents were evacuated in August 2018 but returned in October and November after the installation of a chlorination unit addressed the water contamination.
The Health and Safety Executive (HSE) conducted a thorough investigation into the incident. The findings were alarming: Sanctuary Housing had poorly managed the risks associated with legionella in the water system. Staff were inadequately trained and supervised, raising serious concerns given the residents’ vulnerabilities due to age and health issues.
Initial tests on July 16 and July 31 confirmed the presence of legionella, prompting Sanctuary Housing to notify residents via a letter dated August 3. This letter stated that work would commence on August 6 but contained misleading information. It suggested that contaminated tap water could be stored and boiled, failing to warn residents against using showers, which significantly increased their risk of exposure.
After further testing on August 8 and 15 showed that legionella levels remained high, residents were evacuated on August 24. Sanctuary Housing pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. In addition to the substantial fine, the company was ordered to pay costs amounting to £11,480.60 during a hearing at Liverpool Crown Court on October 22, 2024.
HSE inspector Rose Leese-Weller expressed serious concerns about the management of the facility. “Sanctuary Housing failed to protect vulnerable residents living at Vincent Naughton Court,” she stated. “It is fortunate that none of the residents became ill, as they were allowed to continue using contaminated water without proper warnings for an extended period. This incident highlights significant failures in managing contamination risks and in providing adequate training for staff.”
This case serves as a stark reminder of the importance of rigorous health and safety practices, particularly in facilities that cater to vulnerable populations. The HSE remains committed to enforcing regulations that protect public health and safety.
For more details on legionella and Legionnaires’ disease, visit the HSE guidance page: Legionella and Legionnaires’ Disease – HSE.
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