The Health and Safety Executive (HSE) has prosecuted two landlords and a gas service engineer after a mother and her daughter were poisoned by carbon monoxide from a boiler that was not regularly serviced.

In December 2007, Mrs Motoko Riley and her six-year-old daughter Emily were at home in Portswood Road, Southampton when Emily became ill and began to drift in an out of consciousness. Mrs Riley developed headaches and began vomiting. When they were taken out of the house, both were reported to be ‘barely conscious’. A neighbour took them to hospital where they were found to be suffering from severe carbon monoxide poisoning.

The landlords of the property – brothers Robert and David Watts, both of Woodlands, Southampton – had been repeatedly warned that the boiler needed servicing over a period of almost four years and had failed to take any action to do this.

When the HSE investigated levels of carbon monoxide produced by the central heating boiler in the family’s home, they were so high they were off the scale of the monitoring equipment used by inspectors.

On Wednesday (24/03/10) at Southampton Magistrates’ Court, Robert and David Watts, as landlords of the property both pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974. Robert Watts was fined £7,000 and ordered to pay costs of £4,500. David Watts was also fined £7,000 and ordered to pay costs of £4,500.

The HSE also prosecuted the property’s gas service engineer, David MacDonald of Hythe in Southampton – Mr MacDonald had declared that the boiler was safe to use when it was not.

At the same hearing, Mr MacDonald pleaded guilty to four counts of breaching Regulations 5(3) and 6(2) of the Gas Safety (Installation and Use) Regulations 1998 between 6 April, 2005 and 3 December, 2007.

He was fined £4,500 for the first three offences involving a breach of Regulation 5 (3) –

and was also fined £500 for breaching Regulation 6 (2) of the Gas Safety (Installation and Use) Regulations 1998. Mr McDonald was ordered to pay costs of £548.

After the hearing, HSE inspector Ray Kelly said that the case showed that it was ‘vitally important’ for landlords to understand and act upon their responsibilities regarding gas safety.

‘A mother and daughter were put at significant risk over a period of almost three years because of the actions of two landlords and their gas service engineer,’ said Mr Kelly.

‘The dangers associated with carbon monoxide exposure are well known – the landlords knew there were problems with ventilation at the property and failed to service the central heating boiler appropriately.

‘It is only by sheer good fortune that this incident did not happen at night, or the consequences could have been far worse,’ he added.

The HSE warned that it would prosecute any landlords, gas companies and gas engineers who placed lives at risk through their ‘lack of diligence’.

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