Pensioners found dead after gas was cut off over £140 bill

The discovery of two pensioners who died weeks after their gas supply was cut off because of an unpaid bill of £140 led a coroner to call for a review of the law yesterday.

George Bates, 89, and his wife Gertrude, 86, were found on 18 October in the living room of the house they had lived in for 63 years after a neighbour called the police.

Mr Bates, a retired postman, had died of hypothermia in his armchair and Mrs Bates was lying on the floor having died of a heart attack.

While the case was being heard, the Faculty of Public Health issued a warning that 2,500 elderly people were expected to die in the week before Christmas, because of the cold. Poor housing, inadequate heating and "fuel poverty" - defined as any household which has to spend more than 10 per cent of its income to keep warm - were the main causes of the excess winter deaths, the faculty said.

Mr and Mrs Bates were discovered 13 weeks after British Gas disconnected their cooking and heating supplies because they failed to respond to repeated requests for payment. After their deaths, £1,400 in cash was discovered in the house. The couple also had £19,000 in a building society. British Gas told Westminster coroner's court that the company was prevented from informing social services about the disconnection because of the Data Protection Act, which prohibits the disclosure of such information without consent.

Dr Paul Knapman, the coroner, said that he would contact the Information Commissioner, who administers the Act, "bringing his attention to the fact that this disconnection could not be brought to the attention of the social services because of the ... Act."

But the Information Commissioner disputed the company's interpretation. In a statement on the case, he said: "In any circumstances, for example age or infirmity, where there are grounds for believing that cutting a particular household off would pose significant risk then the Data Protection Act would not prevent an energy supplier from notifying the relevant body."

Mish Tullar, a spokesman for British Gas, said that the company had routinely informed social services of disconnections until 10 years ago but had been advised that this was against the law once the act came in.

He said that a British Gas representative had spoken to Mrs Bates on her doorstep on 9 June about the unpaid bill and she had given no sign of being unable to cope or understand.

Dr Knapman said the decision by British Gas not to enter the house at the time of disconnection on 1 August- the meter was outside - may have contributed to the tragedy. He said: "Had they entered it is likely they would have seen the situation that these elderly and vulnerable people were living in."

Neighbours said that the elderly couple were good humoured and active. Mr Bates was known as an immaculately dressed pensioner who would entertain staff with jokes and coin tricks at his local convenience store.

Jagdish Patel, 50, the owner of the couple's local post office and grocery shop, said that Mr Bates was meticulous about money. "If he was ever short by a penny or two, he would refuse to buy it on account. He would walk home to fetch the extra money rather than go without paying the full bill. This should have not happened to this wonderful couple," he said

Mrs Bates, who was known by her middle name, Marjorie, would sometimes accompany her husband but she was regarded as quieter and more vulnerable.

National Statistics, formerly the Office of National Statistics, said that between 24,000 and 49,000 extra deaths happened during the winter months in recent years.

The number depended on weather conditions and the level of flu in the community. Professor Sian Griffiths, president of the Faculty of Public Health, said that too many people were dying of the cold in Britain "because we haven't taken the problem seriously".

She said: "The UK remains one of the worst countries in the world at coping with unseasonal low temperatures. All of us must be vigilant and look out for family, friends and neighbours who may be suffering. Often fatal illnesses develop two or three days after a cold snap has finished."

The Meteorological Office said that an extra 8,000 deaths were expected for every one degree Celsius the temperature falls below the winter average.