Building company director sentenced for fraud and safety breaches

Worcester Crown Court

The director of a building company has been sentenced to 18 months imprisonment, suspended for two years, for a string of health and safety and fraud offences.

Barrie John Henry Birch of BBS Improvements must complete 250 hours of unpaid work in the community  following his conviction at Worcester Crown Court. He has also been disqualified from being a company director for five years.

Birch’s activities had come to the attention of both the Health and Safety Executive (HSE) and Worcestershire Trading Standards following a number of complaints from homeowners.

In one instance Birch was carrying out work on a roof which was at such a height that health and safety legislation requires proper scaffolding and other safety measures. HSE inspectors examined the site and found that there was no scaffolding in place, and that people were walking on the roof of the house with no safety measures to prevent them from falling off. Birch was present at the time and was fully aware of people working in unsafe and potentially dangerous circumstances.

Birch was also found to have persuaded a home owner that their roof required replacing when he had been asked to carry out some minor repair work on the roof.  A Trading Standards expert examination of the roof found that the work Birch suggested was totally unnecessary.

Once confronted with the facts, Birch admitted breaches of the Fraud Act 2006, as well as an offence under Consumer Protection from Unfair Trading Regulations 2008. Birch asked for five other similar offences to be taken into consideration, including two offences of failing to provide the 10 Year Insurance Bond Guarantee.

Following Birch’s conviction, HSE Inspector, Matthew Whitaker said:”Falls from height remain one of the most common causes of work related fatalities in this country, and the risks associated with working at height are well known. In this case, suitable measures such as scaffolding should have been provided to ensure the health and safety of people working at height on a roof.”

Cllr Lucy Hodgson added:”The work done by our small team of Trading Standards Officers to protect Worcestershire consumers cannot go unrecognised. In this case Barrie Birch was instructed to carry out relatively minor work but then advised the homeowners that major work was needed when it was not.”

“This type of fraudulent activity will not be tolerated in Worcestershire. The sentence handed down in this case clearly shows that  the Courts view this type of offending very seriously.”

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