Poor EICR report results in prosecution

[Rockingit]

I've just stumbled across the below elsewhere online, anyone aware of it?

PRESS RELEASE: ELECTRICIAN’S GUILTY PLEA OVER REPORT SIGNING OFF UNSATISFACTORY ELECTRICS
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A Pembrokeshire electrician has pleaded guilty to supplying a report claiming the electrics in a household property were satisfactory when they were not.
The case was brought by Pembrokeshire County Council Trading Standards and heard by Judge Huw Rees at Merthyr Tydfil Crown Court on Monday 20th September 2021.
Mark Cummins trading as M C Electrics from Haverfordwest was commissioned by the vendor of a Milford Haven property in November 2018 to inspect and issue a condition report of the electrics in the property.
The Court heard that Mr Cummins took less than an hour to do the inspection and issued an Electrical Installation Condition Report to the vendor the same day, containing the written statement describing the electrics in the property as “satisfactory”.
He told the vendor a light fitting in the downstairs utility and shower room needed to be replaced but his report did not list any concerns despite estimating the electrics to be 40 years old. He charged the vendor for the report.
In January 2019 the property was sold to the current owner Nia Evans.
Ms Evans later contracted local electrician John Morley to install additional wall sockets prior to moving in.
After a visual inspection and conducting some tests, Mr Morley concluded that the electrics were unsatisfactory, advising of a complete re-wire and to report the matter to STROMA, the certification body of which Mr Cummins was a member at the time.
Pembrokeshire Trading Standards arranged for Matthew Williams, a Council electrician, to carry out an inspection of the electrics at the property in July 2019.
His detailed report also concluded that the installation was unsatisfactory. Ms Evans has consequently still not moved in to the property.
Mr Cummins pleaded guilty to an offence under the Consumer Protection from Unfair Trading Regulations 2008 of engaging in a commercial practice which was misleading action, by describing the general condition of the electrical installation of a property as satisfactory which was untruthful.
He was fined £1,500 and ordered to pay £1000 contribution towards costs and £100 statutory surcharge payment.
The Judge also commended the local authority for the way it approached the case.
Sandra McSparron, Pembrokeshire County Council Lead Trading Standards Officer, said: “Homeowners and buyers put their faith in the services of electricians and other professionals to deliver accurate and truthful reports, in order to make important and informed decisions. Mr Cummins report was a key factor in the decision to purchase in this case.
“I am concerned that subsequent reports identified potentially serious non compliances in the property.
“I hope this prosecution sends a message out to all traders in these fields. I would like to express gratitude to all the witnesses for their assistance.”
Cllr Cris Tomos, the Council Cabinet Member for Public Protection commended everyone involved for bringing the case to court.
“When members of the public request the input of professionals they deserve to be able to rely on the information received.
“This is even more important particularly when dealing with potentially hazardous situations such as unsatisfactory electrics.
“I am pleased that the Authority was able to see this case through to a successful prosecution and would like to underline our gratitude to the witnesses.”

 

[GBDamo]

I'll keep that, there a few smug gits I know that would find it very interesting.

 

[pc1966]

Hopefully this will rattle a few cages!

At least no one had to die before action was taken.

 

[Julie.]

GOOD!!!


Too many fly-bys getting away with this with impunity up to now.

 

[Strima]

One in a sea of many.

 

[Lister1987]

Notice the prosecution was brought not under EAWR but by a consumer protection regulation, that should be telling us EAWR needs a rethink

 

[Strima]

Notice the prosecution was brought not under EAWR but by a consumer protection regulation, that should be telling us EAWR needs a rethink

Easier to get a guaranteed conviction under CPR rather than EAWR.

 

[SparkySy]

Yes finally and way overdue imho! There seems to be a faint glimmer of hope for those of us who do a proper job!

 

[Dave OCD]

Yes that's encouraging , to think I have a copy of a report on a TT installation with only an old voltage trip for basic and additional protection that didn't work - and it was given an overall Satisfactory !!?

 

[Electrics]

She's still not moved into the property she bought in 2019 because it needs a rewire? Weird.

Also imo it's not enough - lifetime ban from registering any work with building control either via himself or via an 'approved contractor' scheme is a sufficient punishment which prevents him targeting others. A fine is nothing, their ability to actually carry out this 'work' should be taken away.

 

[LukeD]

why use real name etc .Most of the EICR cowboys in london used fake details and took cash

 

[timhoward]

In the immortal words of Spike Milligan “About bloody time!”

 

[UNG]

It's about time this happened but this is just one prosecution in a very big pool of poor and incorrect EICR's
I think the judgement could have a bit more punitive as a discouragement to others and may be should have included paying for all his other EICR's to be reviewed as no doubt any other EICR's he has done are to the same standard

 

[Lister1987]

Easier to get a guaranteed conviction under CPR rather than EAWR.

So doesn't that tell us something? EAWR needs revisiting to include false reporting, that or that specific regulation regarding systems of work needs expanding to include reporting etc

 

[Strima]

So doesn't that tell us something? EAWR needs revisiting to include false reporting, that or that specific regulation regarding systems of work needs expanding to include reporting etc

I think it's more to do with the work he was contracted to do. If there'd been a fatality due to poor reporting then EAWR would have come into play but he didn't complete the work he was contracted to do hence the CPR.

 

[Simon47]

I think the judgement could have a bit more punitive as a discouragement to others ...

That struck me as well. If he's charging the sort of fees that some other criminals are anecdotally charging for EICRs, then it's not going to take long to recoup his costs.
It mentions that he was a member of STROMA at the time, implying that he isn't now - so presumably he's just joined a different scam.

 

[HappyHippyDad]

That struck me as well. If he's charging the sort of fees that some other criminals are anecdotally charging for EICRs, then it's not going to take long to recoup his costs.
It mentions that he was a member of STROMA at the time, implying that he isn't now - so presumably he's just joined a different scam.

Stroma no longer exists with regards CPS.

This is a good story and a step in the right direction, but I don't think this one off prosecution will deter any of the people carrying out Dodgy EICR's. Perhaps if it gains more coverage on TV and there are a number of high profile prosecutions. Unfortunately, it may even take someone to be injured or worse following a dodgy EICR, otherwise I can't see much changing in the near future.

 

[Lister1987]

Stroma no longer exists with regards CPS.

This is a good story and a step in the right direction, but I don't think this one off prosecution will deter any of the people carrying out Dodgy EICR's. Perhaps if it gains more coverage on TV and there are a number of high profile prosecutions. Unfortunately, it may even take someone to be injured or worse following a dodgy EICR, otherwise I can't see much changing in the near future.

It may not but it's now set a precedent in law that may be able to be taken advantage of by consumers duped by drive-by EICRs, assuming other TS of tht Various council's get on board with it now thry can see it has brought prosecution.

 

[Lister1987]

An aside, do we think prosecution succeeded as STROMA now being defunct could have been a factor? No CPS complaints process to try and help the duped client, that said there are those not in a CPS that do EICRs so maybe not.

 

[littlespark]

It will come a time when you have to be a member of a cps to do an EICR, which many people are not, and are perfectly honest doing them.
The membership of a cps does not guarantee non cowboy, as this article shows.