Bupa, the private care provider, has won an appeal against a £3 million fine over the death of a pensioner at a nursing home.
The Court of Appeal has decided to reduce the fine to £1.5 million, on the grounds that Bupa's parent company profits were wrongly taken into account. Last June, Ipswich Crown Court fined the firm £3 million after it pleaded guilty to failing to implement measures to control and monitoring the hot and cold water systems at Hutton Village Nursing Home, which subsequently led to the death of Kenneth Ibbetson at 86 years old. He moved into the care home, managed by Bupa, in March 2015, but soon began complaining that he felt unwell. He died on 23 June 2015, in Basildon Hospital, after contracting Legionnaire's disease.
Legionnaire's disease is a serious form of pneumonia which is caused by the inhalation of water droplets from a contaminated water source, such as cooling towers, air conditioning systems and spa pools.
The Crown Court judge concluded the most likely cause of the infection was a result of the company's failure to flush and disinfect the pipes, following the undertaking of refurbishment work. Last week, Mr Justice Julian Knowles, sitting with the other two judges at the Court of Appeal, commented, "The defendant in this case was Bupa Care Homes, and the offence in question arose out of its breaches of duty. It did not delegate these to its parent. It alone bore criminal liability."
