UPDATED 17:16*
A 76-YEAR-OLD man, badly scalded by a faulty shower at a respite home, has been awarded compensation while the Isle of Wight Council has been fined £12,000.
At Portsmouth Magistrates Court today (Monday), the council pleaded guilty to one count of breaching health and safety legislation following an incident at The Gouldings, Freshwater, on October 30, 2009.
Brian Leek suffered burns to 13 per cent of his body after he was sprayed with scalding hot water by the shower. He was taken to St Mary’s Hospital but needed treatment at a specialist burns unit in Salisbury.
As a result of his injuries, which will not fully heal, he is unable to return home to live with his wife and now must live in a care home.
The HSE found the shower fitting was not suitable for use in a healthcare facility and was not fitted with a mixing valve that would have limited the water temperature to a safe level.
Inspectors, who interviewed Isle of Wight Council chief executive Steve Beynon under caution, found two other council respite homes, The Adelaide, Ryde and Westminster House, Newport, also had showers without appropriate mixing valves to limit the temperature.
The investigation also found the council had no system in place for maintaining such valves when they were in place or for taking water temperature.
HSE inspector Joanna Woodcock said after the hearing it was vital operators fitted adequate controls to ensure water temperatures were restricted, particularly for baths and showers,
"Vulnerable people may be unable to react quickly to avoid the danger. They may also be more liable to serious injury from very hot water," she said.
"The consequences of scalding can, in addition to causing excruciating pain, be fatal, although thankfully did not happen in this case."
*The council, which must pay £5,133 legal costs not including its own, has paid an undisclosed financial settlement to Mr Leek, who brought civil proceedings against the authority.
Director of well-being and social care Ian Anderson said: "We are deeply sorry that this was regrettable incident occurred. Safeguards are now in place to minimise the risk of a similar incident happening again."