Huge fine looms after bath death (From The Northern Echo)

Huge fine looms after bath death

10:12am Wednesday 12th November 2008

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A COUNCIL could be hit with a large fine after a severely disabled man living in supported accommodation drowned in his bath.

Durham County Council yesterday pleaded guilty to two breaches of health and safety regulations following the death of 50-year-old John Wood two years ago.

Mr Wood died after being left alone in the bath at his bungalow in Bishop Auckland, on November 12, 2006.

Magistrates, who could have set a maximum fine of £25,000, yesterday declined jurisdiction and adjourned the case to be heard at crown court, which has the power to impose an unlimited fine.

At a hearing before Peterlee magistrates, barrister David Travers entered guilty pleas on behalf of the council on two counts brought by the Health and Safety Executive.

He said the council admitted failing to ensure the safety of Mr Wood and failing to make suitable assessments in relation to his care.

Prosecuting, HM Inspector of Health and Safety Richard Bishop told the magistrates how Mr Wood – who was disabled and had severe learning disabilities and epilepsy – was being given a bath at the accommodation.

He told the court: “Mr Wood was left on his own for several minutes while the only member of staff present had to go to support another person.

“On his return, Mr Wood was under the water, and despite the staff member’s best efforts, Mr Wood was pronounced dead.”

The court was also told that the maximum fine, which could be imposed on the council by magistrates, was £25,000, and costs for the case were expected to be more than £17,000.

In mitigation, Mr Travers said that following Mr Wood’s death steps had been taken at once by the council, which had “reacted with great vigour”.

The council had admitted the failures. He added: “It is a public authority, and while that doesn’t mean it is immune from criminal processes, any financial penalty will impact on its duties to fund services.”

Magistrates said: “Mr Wood died by drowning in the bath while a carer attended to others.

“We have a public duty and we are declining jurisdiction.”

Mr Wood had lived at the supported accommodation, which is owned by a housing association and staffed by the council’s integrated learning disabilities service, since it opened in 1997.

Last night, Mr Wood’s sister, Patricia Lavy, from Sedgefield, County Durham, said: “My brother, John, seemed happy and content in the accommodation.

“My late mother and I were full of praise for the staff who cared for John. They did their utmost to ensure that he enjoyed the best quality of life possible.”

But she added: “While I agree with the prosecution of Durham County Council, I can only praise the staff who helped create such a good home for John.”

Despite his severe disabilities, she said her brother “was happy in his own world and was always laughing”.

She said: “We are very sad his life was so tragically cut short.”

The date of the crown court hearing has yet to be fixed.

Following a four-day inquest in June, Durham Coroner Andrew Tweddle said he planned to write to the county council to highlight the “systemic failures” that had led to the incident.

The inquest returned a verdict of accidental death.

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