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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Safety => Topic started by: jayjay on July 09, 2007, 12:51:54 PM

Title: Rosepark Update
Post by: jayjay on July 09, 2007, 12:51:54 PM

For information, latest news cuttings from Scotland state that the owners of the Rosepark Nursing Home have been cleared following the recent appeal. Not sure what legislation the charges were brought under.

links
 http://news.scotsman.com/politics.cfm?id=1014502007

http://www.dailyrecord.co.uk/news/news/tm_headline=home-fire-three-in-the-clear--&method=full&objectid=19369111&siteid=66633-name_page.html


The resons are that the family were partners of the company and not the employers. No observations on who are the employers.

As the RRO is based round the responsibilities of the employer any comments on what effect will this decision may have?
I realise that  Scotish Law is independant of English Law. Any one have more details, perhaps our members from over the border can provide more information.

Title: Rosepark Update
Post by: Redone on July 09, 2007, 06:15:35 PM

Cheers for that info Jayjay.

Maybe all the staff are agency... Self employed, or working for free!

Title: Rosepark Update
Post by: wee brian on July 09, 2007, 10:34:16 PM

The RRo is about "responsible persons" it dosnt matter if they are employers or not (which is a good thing)

Title: Rosepark Update
Post by: Tom Sutton on July 10, 2007, 09:11:40 AM

Quote from the Scotsman "Care Home in Uddingston in January 2004 in which 14 elderly residents died" was this not before the current legislation was in force?

Title: Rosepark Update
Post by: wee brian on July 10, 2007, 09:50:37 AM

Your right - but surely the lawyers could sort this out.

Title: Rosepark Update
Post by: jokar on July 10, 2007, 09:56:41 AM

This case was brought under the Workplace Fire Precautions Legislation.  Somehow or other, the prosecutors got it all wrong with the charges against the employers when they were in fact a registered partnership.

Title: Rosepark Update
Post by: PhilB on July 10, 2007, 11:15:12 AM

It clearly demostrates the importance of serving notices on the correct person, an area in which many brigades will get their fingers burn't if they do not provide adequate training to their inspectors.

Title: Rosepark Update
Post by: Pip on July 10, 2007, 04:50:44 PM

Quote from: PhilB

It clearly demostrates the importance of serving notices on the correct person, an area in which many brigades will get their fingers burn't if they do not provide adequate training to their inspectors.

As it can at times be difficult to do this,as either incorrect or misleading info may be given at time of inspection,some brigades are sending out section 27 letters (inquiry to ascertain identity of 'Responsible person')as standard practice before sending out enforcement letters.