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Medway Council sued over norovirus outbreak at Splashes, Rainham

Twenty people, including a disabled man, who fell violently ill after visiting a swimming pool in Rainham, are taking legal action.

Law firm Irwin Mitchell has served Medway Council a letter of claim which gives it months to investigate and either deny, or admit, responsibility.

Dozens of children and adults suffered sickness and diarrhoea after visiting a Halloween-themed party at Splashes Leisure Pool on October 28 last year.

Joe Cook in hospital
Joe Cook in hospital

It is estimated about 120 people were unwell and 125 days of work or school were missed after the event.

As previously reported in the Medway Messenger, Joseph Cook, 28, of Twydall Lane, Gillingham, had severe diarrhoea and vomiting after he visited the pool in Bloors Lane the day before the party. One of his carers also became ill.

After norovirus was diagnosed Joe then developed the more serious strain of c difficile and has since been in hospital four times.

His mother, Tracey Cook, 57, said his illness had been life-changing not just for wheelchair-bound Joe but for herself and husband Martin.

Joe, the youngest of the couple’s three sons, was born with a chromosome disorder, suffers from epilepsy and has communication difficulties.

Mrs Cook, said: “Dealing with health problems is very different from dealing with a disability.

Splashes pool in Rainham
Splashes pool in Rainham

“He has lost a lot of weight and is tube-fed. It is very difficult for him to keep food down.

“It has affected his immune system.”

Joe used to look forward to going to Splashes once a week, but now rarely leaves the house.

Mrs Cook, said: “It was incredibly upsetting to see Joe suffering and we were very concerned.

"The visit to the swimming pool was supposed to be a nice day out for Joe, yet ended up with him being seriously ill for weeks.

"Public Health England’s report into the situation with the pool was very concerning.

"The visit to the swimming pool was supposed to be a nice day out for Joe, yet ended up with him being seriously ill for weeks" - Tracey Cook

“Joe deserves justice for what happened.”

In June, Mrs Cook instructed an expert legal firm to launch an independent investigation and lawyers Irwin Mitchell appealed for other families who had been affected to get in touch.

They are now acting on behalf of 20 people, including Joseph.

Jatinder Paul, an associate solicitor and expert public health lawyer at Irwin Mitchell, said: “This case not only puts a spotlight on the serious consequences that gastric illness can have on those affected, but also highlights the huge responsibilities that businesses and organisations have when it comes to meeting recognised hygiene and safety standards.”

A report from Public Health England found chlorine levels at the leisure centre fell dangerously low on the day of the sickness bug outbreak.

It found staff did not follow standard pool procedures.

On the day of the norovirus outbreak, the automatic chlorine system was turned off at noon to allow a coloured dye to be put into the water for the Halloween party.

Medway Council has disputed the figure of how many were affected.

Joe Cook, 28, with his parents Martin and Tracey
Joe Cook, 28, with his parents Martin and Tracey

It has addressed PHE’s recommendations that staff undergo additional training and, despite using the dye on numerous occasions, will not be using it again.

A Medway Council spokesman said: “We would like to again apologise to those who felt unwell after visiting Splashes in October last year.

"The Public Health England investigation into the spread of norovirus has now closed and their recommendations have been adopted by the council.

“This was a rare and isolated incident for Medway.

"We have a fantastic range of leisure facilities in Medway, all of which are run in line with strict health and safety guidelines to ensure residents and visitors have an enjoyable experience.”

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