Care provider is hit with £140k fine after attack

‘SYSTEMATIC FAILURES’ PUT RESIDENTS AT RISK OF HARM

A CARE provider for a Nottinghamshire home has been fined £140,000 after failing to prevent a resident attacking and injuring another.

The penalty was imposed after a 95-year-old resident of Bowbridge Court Care Home, who had dementia, was attacked by another resident who had been known to show aggression linked with health problems, including Alzheimer’s disease.

A court heard how on December 11, 2017, the victim had been pushed back from her walking frame, cracking her head, and then kicked on the ground.

The resident who caused the injury had been known to use frequent verbal and physical aggression with at least 18 other incidents recorded at the Newark home.

Her contract has since been ended and she has been relocated to somewhere that better suited her needs.

Sitting for a final sentencing hearing at Nottingham Magistrates’ Court, a district judge said that in two inspections by the Care Quality Commission (CQC) prior to the incident, “significant deficiencies” had been highlighted “but not addressed”.

“The [care home] company has a specific duty to people in their care.

“There is a minimum standard and if you breach this, and the failure results in avoidable harm, or exposes a risk of avoidable harm, it’s a criminal offence.

“It’s about looking after the most vulnerable members of the community and keeping them safe.”

The operator, Ideal Care Homes, which runs 18 sites and is due to open eight more, admitted failing to provide safe care and treatment to a resident.

It also admitted exposing the home’s other residents to a significant risk of avoidable harm.

These are criminal offences under Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, which describes a care provider and registered manager’s duty to ensure that care and treatment is provided safely.

Ideal Care Homes was fined £140,000 with a surcharge of £170 and costs of £14,361.60 to be paid in full within 28 days.

The court heard how despite concerns being flagged in 2016, including the care home operating without a registered manager, there had been no improvement in 2017.

“Policies are pointless if not scrutinised, regulated and acted upon,” the judge said.

It was put down to lack of training that staff were not equipped to know that Bowbridge Court was not suitable for the resident who had shown aggression and information was not passed up the chain to senior staff.

Various episodes of aggression towards staff and residents took place after the 2017 inspection prior to the incident in December, which led the judge to describe them as “systemic failures”. Mitigating, the court heard: “It was no doubt poorly run, but there was not a lack of care. “That has now fundamentally changed.” The judge accepted Ideal Care Homes had since “radically upgraded its training” and had shown evidence of remorse. Bowbridge Court had gone from an “inadequate” service to a Cqc-rated “good” provider in all areas. This had been done through changes implemented across the entire Ideal Care Homes system with all its services being either “good” or “outstanding”. The provider was said to be “deeply apologetic” for what had happened and “determined for no repetition” to take place.

Policies are pointless if not scrutinised, regulated and acted upon District Judge