Gloucestershire care provider ordered to pay £37,000
It's after a prosecution by the Care Quality Commission
Today (30 April), at Cheltenham Magistrates’ Court, a care home provider has been ordered to pay £37,000, after failing to provide safe care and treatment to someone living at a care home in Cheltenham who died after exiting from a first-floor window.
Mr and Mrs J C Walsh pleaded guilty to failing to provide safe care and treatment to Mr John Allen, a resident at Ambleside care home in Cheltenham, resulting in significant avoidable harm.
This resulted in two offences under Regulation 12(2) and Regulation 22(2)(a) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The court fined Mr and Mrs J C Walsh £20,000 for this. They were also ordered to pay a £2,000 victim surcharge and £15,000 costs.
On 2 June 2023, John Allen, a resident at the care home, exited from the first-floor window of his room, which did not have adequate window restrictors in place. He sustained significant injuries and died as a result on 12 June 2023.
Mr Allen was staying at Ambleside on a temporary basis and had expressed a desire to leave the home on several occasions. He had already tried to leave via the window in his bedroom earlier in his stay.
Mr Allen’s family had sought reassurance from the home that there were sufficient safeguards in place to prevent him from leaving and the home had assured them that it wouldn’t be possible for Mr Allen to open the window far enough to get out.
CQC brought the prosecution case because Mr and Mrs J C Walsh failed to provide safe care and treatment to John Allen by not ensuring the windows in his room were restricted to prevent them opening beyond 10cm, as stipulated by Health and Safety Executive guidance. As a result, the home failed to take reasonably practicable steps to mitigate the risk of him being able to exit from a first-floor window.
CQC deputy director of adult social care for Gloucestershire, Stefan Kallee, said: “I would like to extend my sympathies to John Allen’s family and friends, following his tragic and potentially preventable death. When he moved into Ambleside for respite care, he had the right to safe care in an environment where risks were being identified and effectively managed. Indeed, Mr Allen’s family received reassurances from the home that this was the case.
“The failure of Mr and Mrs J C Walsh to identify and address clear dangers at Ambleside was unacceptable and resulted in the death of someone who was vulnerable at the time.
“Most care homes take their responsibility to protect those in their care seriously and comply with regulations to prevent them from coming to harm. However, when an organisation falls short and exposes someone to such serious harm, we will act to hold them accountable.
“This fine is not representative of the value of John Allen’s life, but I hope this prosecution acts as a reminder to all care homes of their duty to protect people by carrying out thorough risk assessments and taking every reasonable step to keep them safe.
“I would urge organisations providing similar accommodation to ensure their own window restrictors meet safety standards.”
CQC does not keep the fines that the defendants are issued with by the court, this money goes directly to HM Treasury.