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Councils should review health and safety policies and practices in the wake of the Corporate Manslaughter Act. The Act, which came into law on Sunday (6 April), means local authorities now face fines of up to 10% of annual turnover on conviction. Insurers and legal experts warned councils would have to strengthen risk-management strategies. Phil Thompsett, head of insurance broker Aon's public sector team, referred to the case of Legionnaires' disease in Barrow in 2002, when seven people died and 172 were infected. A manslaughter prosecution against one council employee was unsuccessful. He added: ‘However, under the new Act, and in similar circumstances, an action can now be brought against the entire council, with the potential for an unlimited fine on top of defence and prosecution costs.' Last month, law firm Eversheds said recommendations with the Act were ‘wholly inappropriate' and could lead to increased confusion for councils (The MJ, 13 March). However, the LGA's national health and safety policy adviser, Steven Sumner, said the new Act was ‘an opportunity for councils to carry out a reality check on their health and safety management arrangements'. ‘Even if a local authority is not convicted of corporate manslaughter, the investigation is likely to have a devastating impact. This will be followed by a serious reputational impact, and could clearly have political fall-out as well,' he warned. He commended Barnsley MBC for devising a 10-point action plan to ensure it was fully prepared for the introduction of the Act, and urged other councils to do the same. The LGA, HSE and a number of local authorities have already signed up to a joint declaration of sensible risk management. For more information on risk management and the Manslaughter Act.

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HEALTH

Manslaughter Act sparks review call

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