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Ely 2010 FOI - Main Ely Page  

EH Officer's Report to Council Management Team on Paradise Pool September 2009

"It is recommended that continuing investigations are made with with a view to submitting a case to the Legal Deparment to prosecute Leisure Connection in respect of breaches of Health and Safety legislation."
The minutes of the meeting do not record what happened to the EHO's recommendation. If her professional advice was not followed, for what reasons? PB

ELY FOI Press Release made by Paul Burns  NB this is a large file that includes sections from the released documents.

1.10.10  A Council, a Company and a History of Shocking Failures

The Paradise Pool in Ely, under the management of Leisure Connection / Harpers, has had a dismal record – see the Main Ely Page . However, an LCW Freedom of Information request has revealed that Environmental Health found health-threatening incompetence last year. Two Cambridgeshire newspapers this week reported on some of the issues, but not all. For example, the newspapers did not mention the “peeling genitalia” linked to excessive chlorine. 

Read the press reports and then below them discover what was not featured in the papers or on their websites.  Recent customer comments suggests there are still huge issues.

 
Ely Standard 29.9.10   http://www.elystandard.co.uk/news/investigations_uncovered_serious_problems_at_ely_pool_1_658708

Investigations uncovered “serious problems” at Ely pool  Reproduced in full

 The company in charge of a swimming pool in Ely came under fire from council health inspectors for its poor safety record and litany of complaints from swimmers, documents obtained by the Ely Standard have revealed. Environmental officers at the district council visited the Paradise Pool on Newnham Street on 13 occasions last year following complaints from members of the public about poor water quality and skin irritation after visits to the pool. 

Freedom of Information documents obtained this week show that the authority’s senior environmental health officer Pamela Pope was eventually forced to issue two prohibition notices against the managers of the pool, Leisure Connection Ltd, due to a serious risk of personal injury arising from excess chlorine in the pool.

In a report to a council management team last year, Mrs Pope said that investigations carried out by the council uncovered “serious problems with health and safety management at the pool,” with “deficiencies at all levels of the management structure.”

In her report Mrs Pope highlighted cases of sore eyes and skin irritation after visits to the pool and also noted an incident involving a pair of swimming shorts which had changed colour after exposure to the water.

A spokesman for the district council said: “When we uncovered the problems at the Paradise Pool last year, we immediately closed the facility and ordered Leisure Connection to tackle the chlorine levels, invest in new plant room equipment and bring in a new management team. This action was taken as a matter of urgency given our concern about the health and safety of the users at the swimming pool.

 “Leisure Connection responded quickly and dealt with the problems which were outlined. The pool continues to be monitored and the council will not hesitate to take action again if required.”

 Leeds-based company Leisure Connection, manages more than 90 swimming pools across the UK as well as 25 football pitches and four golf courses.

 The company came under fire from residents in January after problems with the boiler and chlorine levels kept the pool close for more than a month and the pool closed again in July after reports that tiles had lifted from the floor of the pool.

 A spokesperson for the company said: ““We work in partnership with East Cambs District Council to ensure we are offering a great local, community service. The report was carried out about 15 months ago and the recommendations have been and continue to be adhered to.

 “We have a fully qualified team of committed lifeguards and our pool regularly achieves top marks in health and safety and pool safety audits.”

Audits of paper based systems clearly do not guarantee safety. And notice there is no word of apology from the company. PB

 Cambridge News 29.9.10  www.cambridge-news.co.uk/Home/Complaints-made-over-swimming-pools-health-and-safety.htm

 Complaints made over swimming pool's health and safety   Reproduced in full

More than a dozen formal health and safety complaints have been made about a swimming pool. Figures obtained by the News show 13 formal complaints about the state of the Paradise Pool in Ely were lodged between May 2008 and September 2009. East Cambridgeshire District Council supplied the figures to the News this week.

 All complaints were in relation to the pool’s poor conditions, with some alleging illness after swimming there. And figures reveal seven complaints were made in three days in June 2009. For one of those complaints, it is alleged a child suffered skin irritation and sore eyes after entering the pool and that their swimming shorts changed colour.

 As reported in the News, Leisure Connection, which runs the pool on behalf of the council, was forced to close the pool in June last year after the complaints.

 Another complaint was made on August 17, 2009, followed by another on September 24, 2009.

 The pool was closed for around three weeks this summer because tiles were lifting from the pool – causing uproar among parents, who threatened to boycott it.

 In July, Emma Jenkins, from Little Downham, who was horrified after visiting the pool with her 7-year-old son, said: "Are the staff there not made to clean every day? The changing rooms and everywhere in general is dirty."

 A 29-year-old mother-of-one added: "I will never return there, we should not put up with such disgusting facilities."

 At the time, Leisure Connection and the council said they had "plans in place to ensure cleaning standards remain high".

The council insists it will take action against Leisure Connection if necessary. A spokesman said: "When we uncovered the problems at the Paradise Pool last year, we immediately closed the facility and ordered Leisure Connection to tackle the chlorine levels, invest in new plant room equipment, and bring in a new management team.

 "This action was taken as a matter of urgency given our concern about the health and safety of the users at the swimming pool. Leisure Connection responded quickly and dealt with the problems which were outlined. The pool continues to be monitored and the council will not hesitate to take action again if required."

 It seems to me that the Council does hesitate. A Senior Environmental Officer presented a strong report on what she had found to the Senior Management Team of Council Officers on 15 September 2009.  The minutes show that the team received a confidential report on issues relating to Paradise Pool”, but under actions nothing is listed. Does such confidentiality protect the public? Apparently not, as there were issues at Paradise pool fate following this meeting.  See below.

Nor do the minutes deal with what happened to the EHO’s recommendation of continuing investigations with a view to submitting a case for prosecution to the legal department. Why was there no prosecution given the evidence collected before the time of that meeting and subsequent failures? Did justice come into it?

Physical Injuries Due to Excessive Chlorine

Among the raft of documents that raise serious concerns about the safety performance of the company were eports from several swimmers to the council claiming that their eyes, skin and mouths had been irritated while swimming in June of 2009. One complainant also stated that pool water turned trunks from blue to brown and caused peeling of her son’s genitalia. On June 9, a Senior Environmental Health Officer closed the main pool citing over-chlorination and also closed the small pool for not having enough chlorine. She also referred to a lack of skilled personnel in both notices of closure.

The incidents reported by the public took place between June 6 and 8 of last year, but the FOI documents do not say for how long the water of the main pool suffered from excess chlorine.

Senior Environmental Health Officer, Pamela Pope, later wrote to the managers of the pool, Leisure Connection Ltd, about her concerns.

Incompetent Manager

Ms Pope wrote that during a visit at the time of water problems the manager at that time was unable to test the level of chemicals in the pool water and that he asked a junior member of staff for help. The reading then taken was different from what had been recorded previously by the company. The implication is clear, the manger did not know how to test the water.

Manager Lied

Ms Pope's letter also says that the manager lied to her and another council officer on June 10th when he claimed LC’s Technical Manager had visited the pool and found tablets used for testing to be faulty.

Other Failings

She also stated that samples taken from the learner pool showed another problem that had existed over time.

Later last year, Environmental Health formally communicated on at least four other occasions with Leisure Connection about Paradise Pool.

Ms Pope wrote a further prohibition notice following her visit to the pool on 18 September.  The accompanying letter refers to chemicals added to the pool by hand “in a manner which involves a serious risk of injury”.

On 2 October 2009, an improvement notice followed visits after “complaints to this service, an accident report, and a subsequent visit to the premises when chlorine appeared to be minimal / absent from the trainer pool.” 

The improvement notice said that the equipment for controlling water quality “is not routinely maintained” resulting in under-dosing of disinfectant and microbiological contamination in one pool and over-dosing in the other.

Two further letters by Ms Pope relating to maintenance and lack of skilled staff were sent on 6 November and 23 December.

Similar Issues in Other LC Centres

One of the most worrying aspects of the story in Ely is that LC had experienced similar problems elsewhere, but if any lessons were learned from them it made no differecne to the poor bathers at Paradise Pool.

The Hertfordshire Mercury on 15.2.08 reported following an FOI request by journalist Dan Peters:

“High-levels of bacteria and to much chlorine in the water have been reported in Broxbourne's Lee Valley Leisure Pool...  A high bacterial count during the last microbiological test is recorded in December's report. Swimmers were also exposed to the risk of eye or skin irritation, or breathing problems, due to high chlorine levels, which are recorded the two consecutive months last year.

“In addition, faults were identified with the way in which chemical levels were measured. The reports also revealed it took more than three months for a discussion on repairing a broken pump to be actioned…”

The Harrow Times on 22 July 2009 reported “Damning health and safety failings have been uncovered at a local leisure centre after a series of investigations by Harrow Council.” Among the issues identified by H&S audits were “no written safety procedures are in place for receiving deliveries of chemicals for the swimming pool, and it says tests on the level of chemicals in the pool were at times outside safe levels and at other times missing completely.”

Despite Brent Council having noted its disappointment at the end of the first year of a renewed LC contract for Vale Farm Sports Centre, 2008 saw scandalous incidents at the centre.

An Improvement Notice under the Health and Safety at Work Act was served on Leisure Connection in relation to water quality and the water testing regime at Vale Farm,  “Due to the seriousness of this situation and the potential for harm”.

“During the visit I witnessed various water tests being undertaken by yourself and a colleague. The results of these tests suggested a serious problem regarding the quality of the water in the pool.  It was found that the total dissolved solid (TDS) reading, taking into account chemical and pollutants in the water, was 2600mg/l for the main pool and 6000mg/l for the learner pool.  The industry code of practice recommends that the maximum TDS level should be 1000mg/l above the mains water supply which at Vale Farm Sports Centre was found to be 500mg/l.”

The Officer gave as her reasons for the Improvement Notice: “…the levels of total dissolved solids, including chemicals and pollution, are far higher than recommended in the main swimming pool and exceedingly high in the learning pool and as thus may potentially affect the safety of bathers … This situation appears to have been allowed to continue or to reoccur for some time despite the fact that these levels could adversely affect the safety of bathers, as per readings taken during a microbiological test in March.”

Another dangerous situation was discovered just a few weeks later and the two pools had to be closed on 24 April for several days.

The Wembley Observer reported on 20.11.08 that the pool “… which was closed down because of dangerously high chlorine readings did not have proper chemical monitoring procedures in place…  Staff at Vale Farm Sports Centre, in Wembley, were not properly trained and used out of date tablets to test for chlorine…  

“Emails between the council’s environmental health department and Leisure Connection  also revealed how record sheets used for chlorine monitoring were ‘not fit for purpose’, how the pools management systems lack robustness and that no checks we made on the quality of testing staff were carrying out.”
“Before the closure Leisure Connection was served with a Health Improvement Notice for having exceedingly high levels of pollution and chemicals in the both the main and junior pools. And in the emails the environmental officer suggested that failure to respond to this notice contributed to the chlorine incident.”

An email written by an Environmental Health Officer about the excess chlorine soon after the incident and obtained under FOI stated:

“In general the results don’t just rise sharply. The gradual rise should have been observed. Because of some of the above failures this did not take place. At this point I stated that for all I know these figures could just be made up. This might be a strong possibility…

  “It is clear that the Improvement Notice (re excess solids in pool) was forwarded to Head Office whose response was to appeal the notice and inform Vale Farm to undertake monitoring. At ground level LC had read the covering letter but no one had actually read the notice to see what it entailed. It covered chemicals and pollution (all result of over chlorination and attempts to neutralise and compensate). “

Questions that remain unanswered about the Ely Incidents

  1. When did customers first complain to Leisure Connection about the quality of the water? /  How many customers complained to LC? / For how long was the water potentially a risk to the public?
  2. How does LC account for manager being in a position of responsibility but not competent? What were the manager’s qualifications / what was his route to management?
  3. Does LC accept that the manager lied to Environmental Health? If so, what disciplinary action was taken?
  4. What steps did LC take nationally after the incidents in Brent, Harrow and Lee Valley that involved over-chlorination and poor water quality to ensure other centres had no similar issues? What action has been taken to ensure LC shares the lessons from Ely at other centres?
  5.  Has the Council penalised LC in any way for its failures and putting the public at risk?
  6. What reasons did LC and the Council give the public for the pool closure in June 2009?

PB

Recent Customer Comments

These recent Customer Comments apear here as they were inserted beneath the Cambridge News Report. All were posted on 29.9.10 www.cambridge-news.co.uk/Home/Complaints-made-over-swimming-pools-health-and-safety.htm

Robert Deal Having a 2 year old & a 3 month old baby, I have complained continuously over the last 9 months to the Management at Ely Pool & East Cambs Council with no improvement to the still shocking issues there. ALWAYS litter bins (often with dirty nappies & tampons in) with NO lids, dirty floors, changing facilities for babies broken, family changing room doors with no locks for 9 months now. 

Continual poor life guarding where I & other parents have to intervene due to lack of action towards rowdy teenagers in the learner pool & lifeguards do nothing

.I'm continually fobbed off with embarrassing poor excuses by Management & Leisure Connection NEVER reply to my recorded delivery (signed for) complaint letters. Despite numerous requested nobody from the Pool Management team has ever contacted me. The Council & Leisure Connection have a duty of care to the public, especially children & they are currently playing lip service & failing. I believe they are negligent & if they would take 5 minutes to look at the Operation at Newmarket Leisure's Pool etc, instead of churning out poor excuses (while happily taking our Money) they would see a fine example of how to run a great public service. I know its an extra 15 minute drive, but I can only recommend to people to go to Newmarket pool instead, its a totally different experience & well worth it. Don't put your kids or yourself at risk by going to Ely Pool - its shameful!Anastacia BeaverhausenYou'd think a swimming pool which is so small you can practically touch both ends at once would not be that hard to keep clean...but then all the staff are 17 and therefore do not have a clue.AndrewI have worked in swimming pools and have never seen one as dirty (on a regular basis) as the Paradise. I always started work an hour before the pool opened to make sure it was clean and tidy both in the pool and the changing areas, this just does not seem to happen at the Paradise - are staff paid to clean before opening - if we all knew this we could berate/report the staff as appropriate.ElyWheely"...the council will not hesitate to take action again if required." Yeah right, sure you will. After 8 years, of inaction, we've given up & now go to Newmarket Pool. Mr MathmosThe company needs to ensure that the chaging areas and toilet areas are cleaned at least 3 times a day. As it stands the pool is a shambles.