Christopher Evans

1. 1. lack of thermostatic control valves on hot water taps

   “Mr [name redacted] resided in supported accommodation which was appropriately licensed as an HMO. The provision and maintenance of services, including electricity, gas and water was the responsibility of Supported Independence Limited. However, the HMO licence did not require there be thermostatic control valves fitted to the hot water taps in the Deceased's flat.”

2. 2. lack of CQC regulation and inspection

   “Since the Deceased resided in his own accommodation and was not provided with a regulated activity. the accommodation was not regulated nor subject to inspection by the CQC.”

3. 3. lack of HSE inspection authority

   “Similarly the HSE had no authority to inspect premises under the Health and Safety at Work Act 197 4 as the Deceased resided in his own home.”

4. 4. absence of risk assessment for scalding and burning

   “if the Deceased, who was vulnerable, had resided in health and social care premises then there would have been a requirement to assess the risk of scalding and burning in the context of his vulnerability.”

5. 5. lack of engineering controls to prevent scalding

   “Engineering controls could then have been provided to minimise the risk of scalding particularly where there is whole body immersion.”

6. 6. deficiency in regulatory framework for scalding risk management

   “In accommodating vulnerable persons in such an HMO there appears to be a deficiency in the regulatory framework in that there is no requirement to assess and manage the risk of scalding and no oveiview by any regulatory body.”

No published response was found on judiciary.uk.