Shropshire Star

Shropshire NHS trust faces prosecution over the way it managed asbestos

The trust which runs Shropshire's two main hospitals is to be prosecuted over the way it managed asbestos on its property.

Published
Les Small, who was a project manager in the trust’s estates department, had reported suspected asbestos in nursing accommodation

The Health and Safety Executive (HSE) has been investigating Shrewsbury and Telford Hospital NHS Trust (SaTH) over reports that building workers at Royal Shrewsbury Hospital were exposed to asbestos while working on residential premises in 2012.

Les Small, who was a project manager in the trust's estates department, had reported suspected asbestos in nursing accommodation at RSH and was worried that workmen could be exposed to the material, which has been linked with cancer.

He was sacked after blowing the whistle on what he saw as unsafe working practices.

Mr Small then won a tribunal ruling that he had been unfairly dismissed in 2012.

The HSE launched its own investigation into matters surrounding asbestos at SaTH and now says it has agreed to prosecute the trust.

A HSE spokesman said: “HSE is prosecuting SaTH.

“The HSE were informed of incident involving the disturbance of asbestos during the refurbishment of an old nursing accommodation block at the RSH.

“We are currently awaiting a court date for the first hearing.

“The trust has been made aware.”

Hospital bosses say they will continue to work closely with HSE.

Julia Clarke, director of corporate governance at SaTH, said: “We have been notified by the HSE of their intention to commence legal proceedings.

“We have been working very closely with the HSE on this matter over a number of years and will continue to do so.”

Mr Small was awarded £55,000 in damages after winning the tribunal but said that the case had left him “unemployed and unemployable”.

He says he successfully challenged the judgement at the court of appeal and is now going back to a tribunal for the damages to be reassessed.

Reacting to the news that SaTH will be prosecuted, the 62-year-old, of Wellington, said: "I have mixed feelings.

"I'm pleased the HSE is prosecuting because it will hold the trust to account, but I'm disappointed it will cost the hospital money better spent on nurses or healthcare assistants.

"I'm really pleased the HSE is doing its job but I should never have been put in the position that I was."

It comes as urgent action has been taken against SaTH by the Care Quality Commission following an inspection.

SaTH is also preparing to close Telford's A&E department overnight for at least six months from November due to staffing issues.

The decision was made by the trust board last week, prompting campaigners to call for the Government to step in with a 'rescue plan'.

Meanwhile, the independent review into mother and baby deaths and injuries at Shropshire’s hospitals is now thought to be examining more than 100 cases.

The review was launched last year at the request of then Health Secretary Jeremy Hunt.

*For more information about asbestos and mesothelioma see nhs.uk/conditions/mesothelioma