£600,000 fine for firm over prison Legionella failures
A company has been fined £600,000 after failing to manage the risk of legionella bacteria in the water systems at HMP Lincoln, leading to the death of an inmate.
Amey Community, which provided facilities management services at the Lincolnshire prison, pleaded guilty to a health and safety offence.
The fine follows a Health and Safety Executive (HSE) investigation into the death of Graham Butterworth, who contracted Legionnaires’ disease while serving his sentence at HMP Lincoln.
Butterworth, 71, died on December 5, 2017, after testing positive for Legionnaires’ disease.
Water samples from his cell and nearby shower blocks tested positive for legionella shortly after his death.
The HSE investigation revealed that Amey had failed to act on a 2016 risk assessment, neglected to implement a written scheme to control legionella risks and did not monitor or maintain appropriate water temperatures in the system. This allowed the bacteria to spread unchecked.
Amey Community, based in London, was found guilty of breaching Section 3(1) of the Health and Safety at Work Act 1974.
The company was fined £600,000 and ordered to pay £15,186.85 in costs at Lincoln Magistrates’ Court on 3 December 2024.
HSE inspector Stacey Gamwell said: “There is a legal duty to keep workers and inmates safe in prisons. The occupants of HMP Lincoln had been put at risk of legionella bacteria and developing Legionnaires’ disease because of Amey Community Limited’s failures.
“Companies such as Amey Community Limited need to ensure they have identified any risk of legionella and have suitable and sufficient arrangements in place for managing the risk and control measures they have implemented.”
