A pensioner died in his home from carbon-monoxide poisoning caused by a faulty solid-fuel fire, which had not been properly maintained by his housing association.

George Rutherford, 80, was found dead at his home in Penshaw, Sunderland on 18 June 2007. He rented the property from Gentoo Group Ltd, which provides social housing in Sunderland.

An HSE investigation found the property had a coal fire, which had not been properly maintained and was emitting carbon monoxide. The fire had a throat plate, which directs flames towards the front of the fire to keep the stove hot. But this causes a build up of soot in the stove, which can prevent gas from getting up the flue and being released up the chimney. 



HSE inspector Bruno Porter told SHP that to prevent the soot building up the throat plate needs to be cleaned monthly, and the chimney should be swept twice a year. In addition, safety checks should be carried out on the fire at least once a year.



He explained that Gentoo Group had visited the property three weeks before Mr Rutherford’s death, but it did not carry out sufficient checks on the fire. Its maintenance team inspected the fire while it was on, meaning they couldn’t access the throat plate to see if it needed to be cleaned.

The housing association had previously informed Mr Rutherford that he needed to get his chimney swept at least once a year, and that he should clean the throat plate monthly. But it did not check to see if he had carried out these actions. 

Following Mr Rutherford’s death the HSE identified that soot had built up inside the stove, causing carbon monoxide to seep out of the fire and kill Mr Rutherford. An inquest was held in November 2008, when Coroner Derek Winter recorded a verdict of accidental death.

As Mr Rutherford’s landlord, Gentoo Group Ltd was charged with failing to properly maintain the coal fire at his home. Inspector Porter said: “The judge accepted that although it cannot be said that Mr Rutherford’s death occurred as a result of the company’s breach there was, at the very least, a ‘not insignificant risk of death’.

“The judge added that this was not an isolated breach – on the contrary, it appears that this was a ‘continuing systemic failure'. However, he bore in mind that the company has a good health and safety record and, as an organisation, takes health and safety and the safety of both employees and all tenants very seriously.”

Gentoo Group appeared at Newcastle Crown Court yesterday (30 June) and pleaded guilty to breaching reg.5(1) of the MHSWR 1999. It was fined £40,000 and ordered to pay £25,000 in costs.

In mitigation, the firm said it immediately reviewed its procedures for inspecting fires and revisited homes of tenants with similar fires to ensure that they were safe. 



Following the hearing, the Group’s deputy chief executive, Andrew Taylor, said: “Excellent health and safety standards are paramount to Gentoo and we have therefore continued to monitor and improve our systems accordingly.
 
"We welcome the fact that the court has accepted that the company is in no way responsible for Mr Rutherford's death, and wish to take this opportunity to send our condolences to his family."

Inspector Porter added: “As with gas appliances, burning solid fuel such as wood, coal, or smokeless fuels poses no danger, as long as certain simple precautions are taken. The appliance needs to be installed and maintained correctly, and used in accordance with the manufacturer's instructions.

“Landlords and providers of social housing must make sure that solid-fuel appliances are regularly maintained – chimneys must be swept regularly and they must make sure the tenant is capable of, and is actually carrying out, any safety-critical cleaning.”