Health & Safety bulletin – May 2026

Welcome to our Health & Safety bulletin, keeping you updated with a round-up of the latest fines, sentences, and environmental news.

Health & Safety

Self-employed contractor jailed after fatal fall through garage roof during domestic demolition

A self‑employed contractor, Jason Hill (59) of Ashford, Middlesex, has been jailed after 19‑year‑old Thomas Neate fell to his death during demolition works at a domestic property on Glebe Road, Staines‑upon‑Thames, Surrey. On 16 August 2023, Mr Neate was on the garage roof removing tiles and other materials when he fell through an opening and suffered severe head injuries. He was taken to hospital but sadly died several weeks later.

The Health and Safety Executive (HSE) found that Mr Hill had put no measures in place to prevent a fall from height, with work carried out directly from the roof and no scaffolding, decking or other protective systems put in place to prevent a person falling through or from the structure. During the investigation, the HSE also identified other concerns, including unsafe mini digger use and a failure to stop members of the public entering the site, and found there had been no assessment to determine whether asbestos was present; corrugated concrete sheets being snapped and removed by hand were identified as asbestos cement. This created a risk of exposure to three other workers as well as the family at the property.

Mr Hill pleaded guilty to breaching Section 3(2) of the Health & Safety at Work etc. Act (HSWA) 1974 at Staines Magistrates Court on 30 January 2026 and was immediately jailed for 12 months.

Hydrogen Sulphide exposure causes death of employee

Futamura Chemical UK Ltd, a Cumbria-based producer of cellulose film packaging, was prosecuted after a worker was exposed to hydrogen sulphide gas at its factory in Wigton. On 24 December 2021, employee Alexander Cole, known as Alec, was found collapsed in a pump room. A delivery driver, Robert Dyer, attempted to assist Alec but was also overcome by the gas. Both were rescued and Mr Dyer quickly regained consciousness, but Mr Cole sadly died in hospital the next day, which was Christmas Day. An inquest later concluded that, on the balance of probabilities, hydrogen sulphide had contributed to Mr Cole’s death.

The HSE investigation found failures to adequately assess and control the risk of hydrogen sulphide build-up in site drainage systems, and that while a risk assessment and controls existed for theproduction area, there was inadequate assessment and associated risk controls for the drainage system. This failure created a risk of gas release from drains and exposure.

Futamura Chemical UK Ltd pleaded guilty to breaching Section 2(1) and Section 3(1) of HSWA 1974 and was fined £200,000, with £20,000 in costs, on 6 January 2026.

Maintenance company fined £400,000 after worker dies from toxic dichloromethane (DCM) adhesive exposure

Connect Property Services Limited (a housing association maintenance company) has been prosecuted after employee, Darren Nevill (38), died from inhaling toxic vapours while laying a vinyl bathroom floor at a property in Hertfordshire on 9 December 2020. The company had purchased an adhesive containing DCM, which the HSE describes as “a highly volatile solvent”. On the day of the incident, a damaged hose connected to a pressurised glue canister released a large quantity of adhesive into a poorly ventilated bathroom. Mr Nevill “lost consciousness and collapsed”, and emergency services “had to force entry to the bathroom to reach him”.

Following an HSE investigation, the company pleaded guilty to breaching Section 2(1) of HSWA 1974. On 26 January 2026, Connect Property Services Limited was fined £400,000 and ordered to pay costs of £9,676.81, with a surcharge of £190. Prosecutor Jon Mack said: “HSE scientists calculated that the statutory 15-minute exposure limit for DCM would have been reached within 2-13 seconds, and the final concentration in the bathroom at the time of Mr Nevill’s death would have been 84.5 times the exposure limit. Mr Nevill was found to have three times the fatal concentration of DCM.”

The HSE said the company “had failed to take appropriate precautions to ensure substances hazardous to health are not used when safer alternatives are available”. HSE guidance is to “avoid the use of DCM-based products whenever reasonably practicable, by using suitable and safer alternative products or methods" and that DCM-based products should only be used in well-ventilated areas. It is therefore vital that tasks where hazardous solvents may be used are identified and that safer alternatives are used where possible; as well as checking equipment integrity (including pressurised delivery systems, hoses and connections) before and during use. Where products can generate rapid vapour buildup, ventilation must be adequately controlled.

Conveyor guarding failure leads to £2.2m fine after fatal sawmill incident

Paul Coulson (56), a labourer at Herringswell Sawmills in Suffolk (operated by Huws Gray Limited), was fatally crushed on 22 May 2024 after a colleague started a conveyor and did not know that Mr Coulson had climbed inside it.

Mr Coulson was carrying out the removal of plastic packaging from pallets of timber before processing and had entered the conveyor framework to access some of the packaging. When the conveyor was started, a pack of timber that weighed around three tonnes moved and collided with him, before it was reversed and then moved forward again, colliding with him a second time. Mr Coulson tragically died at the scene.

The HSE's investigation found the company had already identified that employees were accessing the conveyor danger zone and had placed signage and stickers instructing them not to do so. Despite the sticker being in place, CCTV analysis showed operatives had continued to enter the conveyor framework on 19 occasions between 14 April and 23 May 2024, and that the company did not do anything further to prevent access until after the tragedy.

Huws Gray Limited pleaded guilty to breaching Section 2(1) of HSWA 1974 and, at Chelmsford Magistrates Court on 26 March 2026, was fined £2.2 million and ordered to pay costs of £9,929.

Farmer fined after repeated cattle attacks on walkers on the South West Coast Path

The HSE prosecuted a Cornish farmer after two separate attacks on walkers by cattle with calves on a public footpath on the Southwest Coast Path at Porthcothan. On 30 June 2024, Brian Gregory (75) was attacked while walking his dog. He suffered severe injuries after he was trampled and butted by the cows and required surgery and had to spend five days in hospital. The farmer, Beverley Chapman of Tembleath Farm, St Columb Major, was told about the incident the same day. Instead of moving the cattle, Mrs Chapman added more cattle and calves to the herd. A month later, the herd attacked two residents that were walking their dogs and narrowly avoided serious injury by hiding in a gorse bush. One of their dogs did however require surgery after suffering an injury.

Mrs Chapman pleaded guilty to breaching Section 3(2) of HSWA 1974. She was fined £5,260 and ordered to pay prosecution costs of £4,650 and a court surcharge of £2,000 on 16 December 2025.

After the hearing, HSE inspector Simon Jones said: “Cattle are extremely protective of their calves and even calm cattle can become aggressive if they think their calves may be threatened.” He added: “Despite being made aware of attacks on walkers on two separate occasions, Mrs Chapman failed to take action to remove the cattle or control risks by separating them from walkers on the Southwest Coast Path. It was only when officially instructed by a public rights of way officer from the local council that she took action."

HSE’s investigation found that cattle with young calves (described as “protective and unpredictable”) were kept in a field that was crossed by a public right of way, despite “safer alternatives being available”. Mrs Chapman did have other enclosed fields available which did not contain public rights of way. The HSE has guidance ‘Cattle and public access in England and Wales’ which includes that, where possible, you should avoid putting cattle (especially cows with calves) in fields with public access.

Site manager fined £3,000 for obstructing and threatening HSE inspectors at Staffordshire refurbishment

David Robert Lane (59), the site manager of an extensive cottage refurbishment in Staffordshire, came to the attention of HSE inspectors during routine inspections on 11 February 2025, when they saw two people accessing a roof from the bucket of an excavator. The inspectors considered the practice unsafe and stopped to investigate, but Mr Lane intervened, refused to identify himself other than stating his name was “James Bond”, rejected attempts to inspect the site and questioned the legal authority of any inspection. He then made threats of violence, causing the inspectors to leave the property.

The inspectors returned a week later, but this time accompanied by the Staffordshire Police. Mr Lane again refused to identify himself, told staff not to speak to them and rejected their legal authority to carry out any inspection. Inspectors eventually identified Mr Lane as the site manager and took enforcement action.  He was prosecuted for obstruction under two counts of section 33(1)(h) of HSWA 1974.

Mr Lane failed to attend Birmingham Magistrates Court on two occasions and was found guilty in his absence on 9 January 2026.  He was later fined £3,000, ordered to pay costs of £6,450 and a victim surcharge of £1,200.

Holiday camp operator fined after child trapped under pool float during free-play

Oxford Active Ltd has been fined after a three-year-old girl nearly drowned during a swimming pool free-play session run as part of a children’s holiday camp at Bishopsgate School in Surrey, on 26 July 2023.

The child, who could not swim, was part of a group of 19 children who had been fitted with armbands and a noodle. She was found face down underneath a float, no longer wearing the armbands or noodle. She was not breathing but the staff managed to resuscitate her.

The HSE's investigation found Oxford Active Ltd.'s documentation relating to pool safety and supervision was “insufficiently detailed and lacked clarity”, and that it had not been communicated effectively to staff, which meant that the staff had not implemented appropriate control measures.

At a hearing at Chichester Crown Court, the company pleaded guilty to breaching Section 3(1) of HSWA 1974 and was fined £6,000 and ordered to pay £12,000 in costs.

Ride-on mower death prompts reminder on site-specific risk assessment and safety features

MHS Countryside Management Limited has been fined after an employee, Kamil Grygieniec (23), was killed while operating a ride‑on lawnmower near Ripon. The incident happened on 8 October 2021 in North Stainley, when the mower descended a steep incline and ended up in the water. The investigation revealed that the mower was being used without a safety‑critical roll‑over protection system (ROPS) fitted.

The HSE found that no suitable and sufficient site‑specific risk assessment had been carried out for the work. The company pleaded guilty to breaching Section 2(1) of HSWA 1974 and was fined £27,000 and ordered to pay £11,166 in costs.

Construction director and contractor penalised for ignoring HSE notices at London conversion site

Vasilis Paraskeva and VNP Constructions Limited, appointed contractor for a conversion project, were fined after failing to comply with multiple HSE enforcement notices and for failing to suitably plan, manage and monitor construction work. During a proactive visit by the HSE on 1 September 2022, issues and concerns were raised about the competence of site management following which they were served with Prohibition and Improvement notices.

Additional visits were carried out over the next 12 months which identified additional breaches and more notices were served. The HSE’s investigation concluded that Mr Paraskeva and the company failed to comply with the requirements of the multiple enforcement notices and failed to ensure work was carried out safely.

VNP Constructions Limited pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015 and to two counts of failing to comply with a Prohibition Notice contrary to Section 33(1)(g) of HSWA 1974. The company was ordered to pay a fine of £7,200 and £900 in costs. Mr Paraskeva pleaded guilty, on the basis that the company had committed those three offences and that they were committed with his consent or connivance or attributable to his neglect by virtue of S37(1) of HSWA 1974 on 7 January 2026. He was fined £10,800 and ordered to pay £900 in costs.

Gas fitter jailed after posing as Gas Safe engineer and re-using ‘immediately dangerous’ boiler

Israel Jackson (56) has been jailed after carrying out dangerous gas work at the home of a 90-year-old man in Croydon. In May 2022, Mr Jackson was sent by a company to install a new boiler.  Mr Jackson lied about being qualified and claimed to be Gas Safe Registered (GSR); despite never having been on the register. His company did not carry out any checks to verify this information. Mr Jackson had, in fact, already been prosecuted by the HSE for illegal gas work in 2015.

Mr Jackson issued a fraudulent gas safety certificate with a GSR licence number, but after discovering the resident did not have any hot water and there was a smell of gas, his relatives raised concerns. The investigation identified that Mr Jackson had returned to the property on more than one occasion to carry out repairs, including after a British Gas engineer issued an “immediately dangerous" notice.  GSR inspectors attended the property after another engineer replaced the boiler and Mr Jackson's lack of qualifications were identified.

Mr Jackson pleaded guilty to contravening Regulation 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998 and was jailed for 12 months on 4 February 2026.

Police riot training burns case highlights need for robust risk assessment and PPE assurance

Derbyshire Constabulary has been prosecuted after several officers were injured during a public disorder training exercise at a training facility in Rotherham on 2 February 2021. The exercise in question required police officers to wear flame-retardant PPE and face petrol bombs thrown by other officers. Four of the thirteen officers taking part sustained burns to their lower bodies and three required hospital treatment. The incident resulted in permanent scarring and psychological harm, but all employees have since returned to work.

The HSE investigation found the officers had been exposed to “significant and avoidable risks” and found that the exercise had not been properly planned or risk assessed.  The HSE listed the key failings as: (i) not giving officers adequate information on the lifespan, care and inspection of the flame-retardant PPE; (ii) not carrying out a suitable and sufficient risk assessment for both the production and deployment of petrol bombs; and (iii) not implementing safe systems of work to control the foreseeable risks created in the course of petrol reception training.

Derbyshire Constabulary pleaded guilty to breaching Section 2(1) HSWA 1974 and was fined £60,000 and ordered to pay £9,470 in costs on 19 January 2026.

West Mercia Police fined after serious roadside collision response injury

West Mercia Police has been fined after a 22-year-old student officer was hit by a passing car while responding to a traffic collision in Shropshire, on 24 December 2023. The collision occurred whilst the officer was standing on a bend on a single carriageway road. It transpired the road had no street lighting and had a 60-mph national speed limit. The officer had been managing traffic at the scene of a collision when he was struck, suffering serious injuries.

The HSE investigation found that West Mercia Police had failed to do all that was reasonably practicable to manage risks arising from or in connection with traffic collisions, which exposed its officers and members of the public to unnecessary risks.

Following the accident, the HSE confirmed that the National Police Chiefs' Council sent recommendation reports providing the much-needed advice on implementing road safety.

The Office of Chief Constable West Mercia Police pleaded guilty to breaching Sections 2(1) and 3(1) HSWA 1974 and was fined £85,800 and ordered to pay £9,402 in costs on 20 February 2026.

Asbestos demolition failings lead to fines and suspended sentence for client, contractor and manager

Two Midlands companies and a site manager have been sentenced following a large-scale asbestos disturbance.

After concerns about unsafe demolition work were raised, the construction site was visited by an HSE inspector on 7 September 2023 who found demolition had been halted after asbestos was discovered. Sohan Group Limited, the client, had actually commissioned an asbestos management survey before work began, identifying some asbestos-containing materials, and had in fact shared this with the demolition contractor, Maize Metals Limited. Despite receiving the survey, it still went ahead with the demolition.

Sohan Group Limited also did not appoint a principal contractor as required, nor a licensed asbestos removal company, but had instructed a different company, Disa Properties Limited (represented by Ali Raza Baig), despite neither holding the necessary licence or competence.

On 6 March 2026, Sohan Group Limited was fined £74,900 and ordered to pay £3,658.14 costs plus a £2,000 statutory surcharge. Maize Metals Limited was fined £13,400 and ordered to pay £1,359.51 costs plus a £2,000 statutory surcharge. Mr Baig received 26 weeks’ imprisonment suspended for two years, an electronically monitored curfew (19:00–07:00) for three months, and a five-year director disqualification order from 6 March 2026, and was ordered to pay £5,899 costs plus a £154 statutory surcharge. 

HSE ordered to pay full defence costs after “starkly improper” crane-collapse prosecution

In R v Falcon Tower Crane Services Limited, the defendant tower crane supplier had been prosecuted for alleged breaches of sections 2 and 3 HSWA 1974 following a tower crane collapse in Crewe in June 2017 in which 3 employees died.

The defendant at all times maintained that it had an 'Appointed Person' (AP) to oversee the erection of the tower crane, but the AP denied this was ever his role in interviews with the police. At a trial in November 2024, the AP, called by the HSE as its principal witness, was cross-examined and he completely reversed his position, eventually agreeing (among other issues) that he was an AP working for the defendant, and had carried out approximately 90 similar jobs. As a result, the HSE acknowledged there was no evidence the defendant was guilty, and the jury was directed to find the defendant not guilty.

Following an application by the defendant, the Court ordered the HSE to pay the defendant’s costs. The bar that must be exceeded to successfully recover costs in this context is high, and the decision indicates that a dim view was taken of the HSE's stance in the prosecution.

Two companies fined £2.48m after contractors die in nitrogen leak at poultry factory

Two employees died after being exposed to nitrogen gas whilst carrying out their work as pest controllers.

Jonathan Collins (34) and Neil Moon (49) were working at Banham Poultry’s chicken factory in Norfolk on 3 October 2018 to carry out contracted pest control work. Both men were tragically found dead in a passageway on the site at 1am.

Post-mortem examinations found they had entered an area where nitrogen gas had displaced oxygen, which then created a fatal oxygen-depleted atmosphere. The nitrogen came from defective exhaust ducting connected to the SafeChill system used to chill chickens, which was owned and maintained by Air Products PLC, with waste nitrogen intended to be vented to the roof.

The investigation also uncovered that complaints had been made 18 months previously, including that gas clouds were present on a platform at a nearby train station. Whilst some alterations were made, these were found to be inadequate and later became damaged due to other construction work.

On 2 April 2026, Banham Poultry was fined £900 after previously pleading guilty to two counts of failing to discharge a duty under HSWA 1974. Air Products was fined £2,475,000, after previously admitting one count of failing to discharge a duty under HSWA 1974 and was ordered to pay £83,359 in costs.

This incident is a tragic reminder to treat nitrogen and other inert gases as potentially lethal where they can accumulate (including in narrow or semi-enclosed areas) and to ensure changes to venting/ducting are properly designed and protected during other maintenance work.

HSE Consults on changes to RIDDOR

On 7 April 2026, the Health and Safety Executive (HSE) launched a public consultation on the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The HSE says the proposals are intended to “strengthen protections for workers and to cut unnecessary administrative burden on businesses” and include both legislative and non-legislative changes.

The legislative proposals would serve to tighten up RIDDOR’s definitions where current terms are not sufficiently clear, refresh the list of “dangerous occurrences” so it better matches today’s workplace hazards, revise the schedule of reportable occupational diseases by bringing back certain conditions that were previously removed and adding further diseases, and expand the range of professionals who can diagnose a reportable occupational disease. The HSE notes that 'diagnosis' is currently restricted to that of a doctor registered and licensed by the General Medical Council (GMC). It is suggested this is extended to other regulated healthcare professionals. Non‑legislative proposals focus on streamlining the online reporting form to make it more user‑friendly and to reduce both under‑reporting and over‑reporting.

The HSE's Deputy Director stated: "RIDDOR reporting is central to how we identify emerging risk, target regulatory activity and contribute to the evidence base for workplace health and safety. This consultation allows those who will be affected by the changes to have their say as we look to improve standards and reduce the burden on business". The consultation closes on 30 June 2026.

Food safety

Future of Food Regulation Programme

The Food Standards Agency (FSA) has announced that its Board has agreed the scope of a new Future of Food Regulation Programme. The stated aim is an “effective, resilient and trusted” food regulatory system that keeps pace with how food businesses operate today and how consumers buy and consume food.

The FSA says the programme will develop proposals across several areas, including:

• Modernising food business registration to make the system more effective.
• A more national approach to regulating some large food businesses in England, using existing data and assurance systems alongside in-person inspections.
• Improving guidance provided to local authorities and to food businesses.
• Strengthening enforcement powers where needed, to support “swift” and “proportionate” action.
• Improving consumer information, including making the display of Food Hygiene Ratings mandatory in England (building on the existing scheme).

The FSA also notes that the programme follows a request by Government in the 2025 Budget to develop proposals for a national system of regulation for large food businesses in England, and that funding is now in place.

Why this matters:

If taken forward, these reforms could affect the risk landscape for food clients (from producers through to retailers and hospitality), including:

• Regulatory scrutiny may become more data-led for larger businesses, potentially increasing expectations around record-keeping, internal assurance and audit trails.
• Faster regulatory intervention may follow if enforcement powers are strengthened. This could in turn mean that incident response plans and document retention are even more critical.
• Mandatory hygiene rating display has the potential to increase reputational exposure and consumer-facing consequences following adverse inspections.
• Changes to registration and guidance may create transition risks (e.g., gaps in compliance during implementation) and training needs for multi-site operators.

Stakeholder feedback reported to date suggests there is some resistance to a national regulatory model for large food businesses. In particular, local authority environmental health teams are said to view the approach negatively, citing a perceived lack of evidence and potential knock-on effects for wider regulatory activity. Concerns have also been raised about disruption to existing funding/income models (including Primary Authority arrangements), governance and accountability if the FSA were to become the “competent authority” for large businesses.

The FSA says it will now engage further with local authorities, consumers, businesses and industry bodies to shape proposals.

National Food Crime Unit (NFCU) salmon labelling case sent to Crown Court after fraud conspiracy charges

The FSA's NFCU has reported that four people appeared at York Magistrates’ Court on 8 January 2026 following a “lengthy and complex” investigation into alleged food fraud involving smoked salmon. The press release says the individuals were charged by the CPS with conspiracy to commit fraud by false representation.

The allegation was that the salmon products that had been supplied by Bleiker's Smoke House Ltd were represented as Scottish salmon but, in fact, were either in full or in part, Norwegian salmon. The offences in question took place between August 2021 and March 2022.

The CPS is working closely with the NFCU officers who carried out the investigation as the case progresses through the court.

Bolton snack manufacturer penalised after council investigation links factory to salmonella cases

Tayto Group Limited, which produces 'Mr Porky' pork scratchings, has been fined after Bolton Council linked its Westhoughton factory to a salmonella outbreak with over 500 cases recorded between 2021 and 2023. The FSA contacted Bolton Council's environmental health team in July 2021 after being contacted by the FSA.

The Tayto Group accepted that their safety system and procedures were not adequate and undertook remedial works to rectify this. Particularly, the use of pressure washers and a drain beneath the factory that flowed from the raw area to the cooked area had contributed to the risk of contamination. The company also issued a recall of all products manufactured at the facility with best before dates up to February 2022.

The company was fined £153,000 at Bolton Crown Court on 4 December 2025 and was also ordered to pay a £190 victim surcharge and costs of £309,136.09.

The factory is reported to have re-opened in September 2021 after extensive testing indicated the product was safe, with continued sampling and monitoring visits over subsequent months.

Greenford supplier penalised over extended 'use by' dates on ready‑to‑eat produce

Gradegold Catering Limited, a Greenford food manufacturer supplying ready‑to‑eat fruit and vegetables to trade customers, has been fined after Ealing Council inspectors found major food safety failings. During an unannounced inspection in October 2024, products including lettuce, grapes, melon and mango had been labelled with the wrong packing dates and 'use by' dates had been unlawfully extended. The inspection identified that some of the food items had been labelled as if they had been packed the following day.

It is essential that ready-to-eat foods comply with strict shelf-life controls as this prevents bacteria reaching unsafe levels before the 'use by' dates. Labelling breaches increase the risk to consumers that the products are unsafe ahead of the date they are due to expire.

The company pleaded guilty to two offences at Ealing Magistrates' Court on 5 December 2025, admitting (i)  failing to implement food safety procedures based on Hazard Analysis and Critical Control Point principles and (ii) using labels likely to mislead customers about food quality.

The company was fined £20,000 and ordered to pay more than £7,700 in costs and a £2,000 victim surcharge.

Southsea convenience shop shut immediately after inspectors find severe mouse infestation

Portsmouth City Council’s environmental health team shut down Premier Express Nice ’n’ Fresh in Southsea, after finding what it described as one of the worst mouse infestations it has seen in a retail business.

The BBC reported that inspectors found gnawed packets of crisps and mouse droppings on shelves containing sweets and other food items, which a council officer said was “clear evidence of a widespread mouse infestation”.

The shop was closed with immediate effect after the inspectors deemed it to be “a clear risk to public health”. Councillor Lee Hunt warned that: “Mice can spread diseases such as salmonella and campylobacter through their droppings and urine… there is an imminent risk of illness to people’s health.” A Hygiene Emergency Prohibition Order was issued against the business, and it cannot trade until the infestation has been resolved.

Six-year food safety evasion leads to custodial sentence

Angus Baillie (72), a former hotelier who managed and lived at the Station Hotel in Pickering, was charged following a routine environmental health inspection of the kitchen in 2018. Inspectors found dirty and unhygienic food preparation areas as well as a fly infestation at the premises.

Mr Baillie faced six counts of failing to comply with food hygiene regulations and four counts of failing to comply with a hygiene Improvement Notice. Mr Baillie denied the offences but did not attend court. He was convicted in his absence, and a warrant was issued for his arrest. Mr Baillie was later arrested in January 2026 and confirmed that he had been living in Scotland.

Mr Baillie was sentenced at York Crown Court to a term of imprisonment of two years and three months. The judge said he was unable to award costs to North Yorkshire Council due to Mr Baillie's lack of means and the custodial sentence. Richard Foster, executive member for environment at North Yorkshire Council, said: “We won’t tolerate anyone who provides food to the public but refuses to maintain basic hygiene standards”; and “This result shows that even if offenders try to evade the consequences of their actions they can’t hide forever.”

Environmental

£1.4m confiscation and costs order in multi-site illegal waste dumping prosecution

A waste operator has been ordered to pay more than £1.4 million after a nationwide Environment Agency (EA) investigation exposed that thousands of tonnes of waste had been illegally dumped across over 16 sites.  The investigation identified that more than 4,275 tonnes of mixed municipal waste had been illegally dumped and that the unlicensed sites included a nature reserve, historic house and farmland. There were no environmental permits or exemptions for waste activity for any of these sites.

At Birmingham Crown Court, Varun Datta, a registered waste broker through his company, Atkins Recycling, was made subject to a confiscation order and sentenced. He was ordered to pay £1.1 million (said to represent the financial benefit obtained from the criminal activity), plus £100,000 in compensation and £200,000 in prosecution costs. The court also ordered a four-month prison sentence suspended for 18 months, with 30 days of rehabilitation activity and 200 hours of unpaid work. Two additional men were prosecuted and there are current arrest warrants in place for two further suspects.

At the sentencing, the Judge confirmed the offence was “reckless” and indicated that “smell and flies were a feature at some of the illegal sites and caused a localised adverse effect to air quality.

£1m Enforcement Undertaking after permitted Redditch site discharge kills around 1,000 fish

The EA has concluded an investigation into a pollution incident near Redditch in 2018 involving Mettis Aerospace Limited, which made a financial contribution of over £1 million under an Enforcement Undertaking (EU). Mettis accepted that discharges from its metals installation (a site permitted by the EA) caused a fish-kill incident.

The EA confirmed that the discharges "arose from the uncontrolled overfilling of a process tank and inadequate containment measures", which meant that a solution of caustic and sodium aluminate leaked into an unprotected surface water drain and into a watercourse. This incident resulted in approximately 1,000 fish being killed.

An EU is a voluntary, formal offer made by an organisation or individual to the EA to put right the effects of an alleged environmental offence and improve compliance. If the EA accepts it, the EU is used as an alternative to prosecution for that offence (subject to conditions and exceptions).  As a result of this incident, Mettis offered an EU which included £504,240 on infrastructure improvements for the site.

The details of the published EU are:

• Donations to environmental enhancement projects in Redditch and the Black Country totalling £379,500.
• Initial pollution clean-up costs of £111,268.
• Payment of the Environment Agency’s initial investigation costs of £9,324.
• Site infrastructure improvements, training and management systems development and certification costs of £504,240.
• Loss of amenity compensation payments to local charities £7,000.
• Payment of Environment Agency’s costs for assessing compliance with the EU £13,026.

The EA said: “While we will always prosecute in the most serious cases, enforcement undertakings are an effective enforcement tool to allow companies to put things right and contribute to environmental improvements.”