St Austell care home 'criminally negligent' for bath scalding

The burning of a disabled man in a bath at a care home was "criminally negligent", the Health and Safety Executive said.

Paul Cundy, 64, suffered second degree burns on 10% of his body at the home in St Austell, Cornwall, in 2008.

A temperature regulator was disconnected, the Health and Safety Executive (HSE) said.

Comhome Limited and Solor Care Group previously admitted safety failings and were ordered to pay £82,000.

'Agonising pain'

At an earlier hearing, Truro Crown Court was told Mr Cundy, who has cerebral palsy, epilepsy and learning disabilities, was hospitalised for four weeks after being placed in the bath where the water was too hot in December 2008.

The temperature regulator had been disconnected for six years, the court heard.

Comhome Limited, of Edward Street, Truro, pleaded guilty to a breach of section three of the Health and Safety at Work Act.

It was fined £10,000 and ordered to pay costs of £34,000. It is yet to comment on the case.

Solor Care, of Circus Mews, Bath, formerly known as Robinia Care, which pleaded guilty to the same charge has been fined £10,000 and ordered to pay costs of £28,000.

No-one was available for comment.

HSE inspector Jo Fitzgerald said the "appalling incident" resulted in "agonising pain" for Mr Cundy and "could and should have been avoided".

She said "Both defendants were criminally negligent in dealing with an obvious and potentially lethal risk."

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