RECAP: Luke Brooks 'mould linked' death inquest latest

Oldham council and GMP are also due to give evidence

An inquest into Luke Brooks' death resumed for a third day Wednesday (August 9). The 27-year-old died last October 25 at his family's home on Huxley Street, Oldham, having suffered 'flu-like symptoms' in the week before his death.

Rochdale Coroners Court heard yesterday (August 8) how his death had been linked to the aspergillus mould by the pathologist who carried out his post-mortem. However, mycology expert Prof Malcolm Richardson suggested this mould was not the same as the 'jet black' mould which was visible in the property.

The court previously heard Mr Brooks was 'too weak to go to hospital' in the days before his death. His family said they often reported problems at their home which did not get resolved - including the lack of a working boiler for three years.

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Representatives from Oldham Council and Greater Manchester Police are due to give evidence in court today. Landlord Mark Sharples, who has not been present in court so far this week, was also called to give evidence today prior to the inquest resuming on Monday.

Describing her son in court this week, Patricia Brooks told the coroner: "He was funny, witty, intelligent, clever. There’s nothing bad I can say about my Luke."

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The court hears following a review at NWAS, the exclusion meaning patients with chest pains were not advised to go to A&E, has since been changed.

That concludes today’s proceedings. The coroner’s ruling is expected from 2pm tomorrow.

Joanne Kearsley says her understanding is GTD would ‘never have transcripts of the calls’, but notes of the calls. Mr Weaver accepts this.

Mr Harmel, the council’s representative, questions how a landlord registry would have helped in this case as the local authority had access to the house. “This is not a case… where there are issues with access to property,” he said.

Ms Kearsley indicates she has heard enough to consider the proposed landlord registry in her prevention of future deaths report.

Proceedings have resumed following lunch. Barristers are now making legal submissions to the coroner.

Christian Weaver, the family’s barrister, says the family would like consideration for the prevention of future deaths report given to the NWAS policy on 111 operating procedure, which means people with chest pains are excluded from advice to go to A&E.

Another submission relates to GTD Healthcare’s (which runs the Oldham Urgent Care Hub) inability to access 111 call transcripts. Mr Weaver says GTD only gets access if transcripts are uploaded by GPs, Monday to Friday.

Finally, the family refers to the proposed landlord register. It’s said powers council have to intervene on health issues can be delayed by a lack of contact with the landlords.

Dr Kosmidis says ‘no single factor can be confirmed’ as a cause of the condition he suffered. The evidence has now concluded. There will be a lunch break until 1.45pm.

Dr Chris Kosmidis, a specialist in infectious diseases, provided an opinion. He says aspergillus is inhaled daily. Spores are ‘very small and airborne’.

He says the immune system of a healthy person can rapidly eliminate aspergillus particles, but it can affect people with weakened immune systems - such as people with cancer or HIV.

Dr Kosmidis says it can also affect people who have had influenza or covid. He says 15% of covid patients admitted into intensive care developed aspergillosis. Most had not been immunocompromised.

Luke had reported symptoms which ‘could be suggestive of a viral infection’, he says. “Around the time of Luke’s symptoms, the number of influenza cases was on the rise in England,” adds Dr Kosmidis.

Luke had a negative covid test. Dr Kosmidis says he could not find a test for influenza in Luke’s post-mortem.

He refers to other cases around the world, but says he cannot find cases of aspergillus pneumonia linked to a mouldy room. He says there are links with cannabis, and there has been a number of cases of aspergillosis among cannabis smokers, but the links ‘cannot be proven’.

Dr Rasheed, from Bardoc Healthcare, spoke to Luke on the phone for a telephone consultation. It is aimed to ‘reduce A&E pressure’, the court hears.

He spoke to Luke at 12.50pm on October 22 last year. Luke told him he had a cough for four days, he believed he had caught from his cousin.

Dr Rasheed says he did not have concerns about Luke’s breathing. He felt Luke had a viral infection and considered Luke may have had covid.

He advised Luke to test for covid and monitor his symptoms.

Dr Walton, Luke’s GP, says he had last seen Luke in March 2019 for an issue related to his eye. He says he was aware of the contact made to health services in the days prior to his death.

There is no note that Luke had a covid vaccination. His sister, Sarah, tells the court he hadn’t had a covid vaccination.

DI Fink says GMP ruled out criminal activity in connection with Luke’s death. That concludes his evidence.

Ms Kearsley will now read a number of written statements into evidence.

Detective Inspector Andrew Fink, based in Oldham for GMP, is now called to the witness stand. He says he picked up the case after concerns about the property and also a ‘drug dependency’ which could have impacted the death.

DI Fink visited the property on November 1 last year with the council. He said: “Most of the rooms bar one were, I’d say, untidy, in need of updating.”

He noted mould in an area in the bathroom and Luke’s room. “When I attended the address [Luke’s sister] Sarah was present. Sarah explained to me that she had extensively cleaned Luke’s bedroom.”

DI Fink says he did not see mould at the window, which the paramedic noticed the week earlier when Luke had died. His statement says he noticed ‘unclean’ bedding, ‘evidence of the dogs using the bedroom as a toilet at that time’, and used plates.

DI Fink also spoke to the landlord of the property. He says the landlord ‘stated he had been made aware of issues at the address and he had conducted repairs’.

DI Fink adds the landlord said the council had never raised issues to him about dampness.

Jayne Ratcliffe, director of adult social care at Oldham council, is now giving evidence. She reviewed the case for the council to assess ‘opportunities missed’.

She says these issues related to communication and customer care. The court hears on one occasion, Patricia Brooks called to discuss the impact of the housing situation on her wellbeing.

Ms Ratcliffe says ‘the way in which we work from a prevention and early intervention perspective’ is something the council can learn from the case on. That concludes Ms Ratcliffe’s evidence.

“I accept there have definitely been missed opportunities with regards to customer care,” Ms Collier adds. “If we get contact we need to be contacting people, if we say we are going to do something, we need to do it.”

Ms Collier says the contact from Positive Steps should also have been followed up, as well as the family. Sam Harmel, counsel for the council, says: “It’s a common courtesy isn’t it?”

Ms Collier agrees. That concludes her evidence and there will be a 10-minute break.

Asked if there was concern about overcrowding, Ms Collier says there were three bedrooms and two people could sleep in each room. The third bedroom was part of an extension on the ground floor, the inquest has heard.

Ms Kearsley asks about social housing in Oldham. She says the waiting list is now overseen by the council.

Asked if demand is outstripping supply, Ms Collier says: “Yes definitely… it has increased.”

Ms Collier says a property does not necessarily have to be free of category one hazards to be licensed, after a landlord challenged Hyndburn Council in court in 2017. It was previously part of the scheme in Oldham.

Asked if there was ‘significant’ mould in the property, Ms Collier said: “No, there was mould growth to the bathroom ceiling, but it was not significant in that it wasn’t in a bedroom, in a living room.” She says mould can be a category one hazard though, and gives a recent example.

Ms Collier adds EH would not look at what type of mould there is. Ms Kearsley suggests the council could use a mycologist to check for a health hazard, to which Ms Collier says: “We could do.”

Ms Collier says that the impact of damp and mould and how it is investigated is more of a ‘recent focus’ for councils. Further training is currently taking place, she adds.

“Things change, things happen, it’s making sure we are all up to date,” she says.

EH inspected the property again in November 2022, following Luke’s death. Ms Collier attended.

“There were defects that I identified as an officer,” she said. “However there was nothing that was significant that would cause me to be alarmed. There were works I wanted the landlord to do.”

Ms Collier says there were electrical issues, with no door covering the meter cupboard, a missing fuse box cupboard and a loose light fitting. She says the property had been cleaned up since Luke’s death so conditions were not the same as at the time of his death.

Ms Collier says the heating was working at the time, but two radiators were not working properly. An extractor in the ground floor bathroom was also not working.

She says she saw mould growth to the attic, to the cupboard in Luke’s room and to the ceiling of the first floor bathroom.

Ms Collier says a landlord register, which is being considered by government, would be helpful for the council to keep in touch with landlords. “Phone numbers change, emails change, and you don’t always have that information,” said Ms Collier.

Landlords are not always provided with information in writing, Ms Collier says. Asked if there is any evidence the visit to Luke’s house was followed up in writing, Ms Collier says ‘no’.

The court hears hazard categories are set by the Housing Health and Safety Rating System, a national system. Ms Collier says damp and mould is assessed by the officer to see if it is category one or below, against the rating system.The categories are under review nationally.

Ms Collier says category one or two hazards were not recorded by the officer and given to the landlord in this case. Asked if they should, Ms Collier said: “Yes.”

She also states it ‘would be beneficial’ if landlords were given a list of defects in writing.

That inspection was EH’s last contact with the family prior to Luke’s death. The landlord ‘said they would complete the works’ Ms Collier said.

She says the officer should have discussed timeframes, but most of the issues ‘were not things we should follow up’. “If it’s decorative repair, that’s not something we would follow up, however the first floor lights weren’t working so I would expect that to be followed up,” said Ms Collier.

Asked what a follow-up entails, Ms Collier says it can be contact with the landlord or invoices, rather than a visit. Ms Collier adds: “Leaks should definitely be dealt with… if necessary we can issue informal notices.”

She says leaks can cause harm and discomfort, and damage belongings. Asked if damp should be followed up, Ms Collier said: “I would expect we would want to know if the damp is being caused by something… we should follow that up.”

She adds that it is recognised damp can affect health, but EH does not test for dampness or humidity. Ms Collier says it relies on observation, or a damp specialist can be called out by the landlord.

Asked if the landlord in this case should have got a damp specialist, Ms Collier says ‘no’.

The inspector returned to the property on November 26, with the landlord present. Photographs were taken and observations were made, the court hears.

Viewing the images now, Ms Collier says: “My assessment would be that the majority of the hazards that were looked at and identified in this property were category two hazards… however there were lights not working to the first floor, which was a category one hazard.”

Issues also included damaged plaster, skirting boards loose, failed double glazing, a door handle not working, damage caused by a leak, a collapsed ceiling in part, gaps between floorboards in bathroom, kitchen incomplete. There was no reference to damp and mould, as there had been in 2018, and despite the family reporting it to the council.

“When we do a house inspection we do a whole house inspection no matter what is complained about,” said Ms Collier. “They won’t comment on what they have not found, they comment on what they have found.”

Ms Collier says request for certificates under selective licensing are made on request, so not to ‘overburden’ landlords who comply. Ms Kearsley suggests ’there’s a line’ between overburdening landlords and having a system that is effective.

Following a referral made by Positive Steps in autumn 2021, EH acknowledged it but did not carry out an inspection, Ms Collier says. “There’s no explanation as why he hasn’t. This isn’t an excuse at all… but they have a wide range of jobs they carry out.”

Ms Collier says in 2021 the team was still recovering from the impact of covid. By July 2021 home visits were taking place but officers ‘were in very high demand’ and the ‘number of complaints increased rapidly’.

In November 2021 the family tell EH that their ceiling caved in, there was a leak in the bedroom and the house is ‘full of mould’. An officer went to do an inspection on November 19 to check for any immediate issues before obtaining a formal notice of entry.

“He noted that it was in poor condition,” Ms Collier said. “I advised to do a formal notice of inspection.”

An EH appointment was made in July 2019. It was reported the property had issues including asbestos, damp, a damaged roof, gaps in doors and a leak in the bedroom.

The court hears the inspection appointment was cancelled by the family with a request to rearrange the visit, but it wasn’t rearranged. Ms Collier says information about asbestos in the property ‘would be a reason to inspect’.

Asked if there should be an inspection, Ms Collier says ‘yes’. She says if the tenant cancels an appointment, the tenant is expected to come back to the council to rearrange.

Ms Collier says EH ‘should’ contact the landlord over issues of asbestos, particularly if it was in a selective licensing area and they had the landlord’s contact details.

In 2018 an audit found a number of areas of disrepair at the Huxley Street house and a couple of licence breaches, the court hears. The audit found evidence of damp and mould.

Ms Collier says works were being carried out at the property when the audit took place. The council later contacted the landlord for an update on works in October 2018, and had no reply.

“The works that were needed, if they were category one hazards, would have been referred to the EH team for them to carry out a full inspection,” said Ms Collier. She adds that breaches regarding a gas safety certificate and another certificate were rectified.

Ms Collier says the area has a ‘high tenancy turnover’, which is why it was selected for the scheme. “Selective licensing gives us greater powers with regards to management conditions,” she said.

Ms Collier explains it is an offence if landlords do not apply for a licence in one of these areas. “If we have a mandatory register we can use our powers quicker,” she said.

“It may be that we need to communicate with the landlord about that property.” Asked why not make all Oldam eligible, Ms Collier says it’s supposed to be ‘selective for areas causing these issues’.

The government previously criticised whole borough licensing, Ms Collier adds. She says there is now power under the Greater Manchester Combined Authority to licence more than 20 per cent of homes in a borough, and Oldham is considering this.

Ms Collier says the only powers the council have under selective licensing is to audit the property for licensing compliance. It’s not the same inspection as an EH inspection, but Ms Collier says concerns about defects and disrepair would be referred for an official EH inspection.

We are now hearing evidence from Joanne Collier, who works in Oldham Council’s environmental health (EH) team. She manages the team involving disrepair and selective licensing for landlords.

Ms Collier confirms she had no involvement in the case until Luke’s death. The court hears there was contact with EH in 2017 about the boiler, but when EH got in touch, the boiler was working.

In 2018, EH carried out an audit at the property for the selective licensing scheme. “Landlords are required to apply for a licence in certain areas [of Oldham],” said Ms Collier.

Huxley Street falls under the St Mary’s area for licensing, she adds, and there are ‘management conditions’ the landlord must comply with.

These include gas safety, energy performance and contractual requirements.

Proceedings are resuming in court. The landlords, Mark and Alan Sharples are in court.

Mark was due to give evidence today, but following yesterday’s evidence, the coroner says she has no questions for them. Christian Weaver, the family’s barrister, does not challenge it. Joanne Kearsley, coroner, also says she does not intend to read Mark’s evidence in court. Mark says he will remain in court for today’s proceedings.