Yorkshire Post

Woman, 85, fell from care home window despite safety warnings

- TONY GARDNER COURT CORRESPOND­ENT

A PENSIONER with dementia suffered life-changing injuries after falling 30ft from a window at a financiall­y stricken residentia­l care home, a court heard.

The incident happened months after the company which runs Lofthouse Grange and Lodge was warned of dangers being posed to vulnerable residents.

Barbara Milroy, 85, suffered multiple spinal, pelvic and hip injuries in the fall from a second-floor window at the home in Leeds on February 4, 2015.

Leeds Crown Court heard owner Orchard Care Homes Limited had been given “specific instructio­ns” in September 2014 over inadequate restraints being in place on windows.

A barrister for the company said that despite having an annual turnover of about £19m, the business was “perilously close to insolvency”.

Sam Green, QC, prosecutin­g, said restraints should have been fitted to windows at the home to prevent residents opening them beyond 100 millimetre­s.

After the incident an inspector found that it was possible to open the window Mrs Milroy fell from more than twice that distance.

Mr Green said the incident amounted to a “systemic” failure by the company.

He added: “These were elementary steps the defendant should have taken in the face of a foreseeabl­e risk.

“The effect has been profound both for the victim and her family, and indeed profoundly distressin­g.”

The prosecutor said the failures had led to other residents in the home being placed at risk.

Mrs Milroy had moved in to the 56-bed home, in Leeds Road, to receive dementia care.

The home was supposed to be more secure than others because of the vulnerabil­ity of residents.

Mrs Milroy had made previous attempts to climb out of windows at the home.

On the night of the incident, Mrs Milroy became unsettled and accused staff of keeping her against her will.

She went to her bedroom shortly before midnight with the aid of a walking frame.

A senior carer went to check on her and found the pensioner holding on to the outside of the window shouting for help before falling to the ground.

She spent eight weeks in hospital and is now completely reliant on carers as a result of her injuries.

The company pleaded guilty to failing to discharge a duty under the Health and Safety at Work Act.

John Cooper, QC, mitigating, said the Harrogate-based company was running at a debt and was overdrawn by about £1.5m.

He said the company operated eight care homes on sites across the north of England, providing 606 beds for residents and employing 524 members of staff.

The barrister said the company was at risk of going into administra­tion depending on the financial penalty imposed for the offence.

Mr Cooper said the home had been rated as “excellent” on a previous inspection and had taken all possible steps to prevent a further incident.

He added: “It is a very, very sad case where a very caring organisati­on has had to learn some pretty harsh lessons.

“They are desperatel­y sorry for what happened and they have done everything they can to prevent it happening again.”

Judge Geoffrey Marson QC will pass sentence tomorrow.

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