A YORK mother today said she was horrified when the council refused to repair her boiler because her two children had chicken pox.

But the local authority insists it has a legal duty to protect its workers.

Melanie Skelton, of Bellhouse Way, Acomb, reported a boiler problem to the council, but was told that no one would come to her house to fix it because her children had chicken pox.

She said: "They said to phone someone in the Yellow Pages and then bill the council, but I didn't have the money to pay anyone up front. I went to the doctor and he told me they were fobbing me off as they weren't contagious any more."

The family had to go three-and-a-half days without any hot water before the council sent someone to carry out the repair - on condition that Kieran, six, and Ashley, three, left the house first.

Ms Skelton said: "I have a bad back and I had to leave the house with two poorly children. It was also hard not having hot water for so long as the kids love having baths."

A City of York Council spokesman said: "Managers sought advice from the council's medical team and were advised that it was safe to work in the home if the children were not in the house while work was ongoing, given the infectious nature of chicken pox.

"The council has a 'duty of care' towards employees in this situation and we are required by law to ensure that safe working conditions apply."

Updated: 11:45 Monday, March 25, 2002