Charity fined after service user dies in bathtub

A north-east charity has been fined £30,000 after a man in its care drowned when he was left unsupervised.

Scott Krysta was one of Inspire Partnership Through Life’s service users. He had a history of seizures and a postmortem examination concluded that on the day of his death – October 16, 2012 – he was likely to drowned as a result of having a fitting episode.

The 34-year-old, who was living at an address in Aberdeen’s Abbotswell Crescent, suffered from a range of health problems, including epilepsy and Sturge-Weber syndrome. However, the charity failed to provide adequate information to staff about the risks of bathing Mr Krysta, who had been in its care for 12 years.

At Peterhead Sheriff Court, Inspire admitted its carers should have been supervising him.

Fiscal Depute Gavin Callaghan said that when Mr Krysta went for his bath a member of staff helped him, but then left and carried out other duties.

By the time he was checked on again, he was “face down” in the water.

He added that a postmortem examination “concluded it was very likely he suffered an epileptic fit in the bath”.

Inspire’s counsel, Peter Gray QC, described the incident as “out of character” for the charity.

He said: “Following his tragic death the charity cooperated to the fullest extent with the Health and Safety Executive, and has had no hesitation in accepting its responsibility.”

He added that since Mr Krysta’s death a number of “robust” steps had been taken to address the failing.

Sheriff Andrew Miller gave Inspire six months to pay the fine.

The charity’s chief executive, Karen Arthur, said: “Our thoughts are with those who loved and cared for Scott,” she added. “Inspire fully accepts that we failed in our responsibilities to Scott. We are sincerely sorry.”