CQC prosecution: provider ordered to pay over £20,000 after failing to provide safe care to a resident

CQC has published a report on the prosecution of Wall Hill Care Home Limited today. At Telford Magistrates' Court, the company was fined £6,000 and ordered to pay £15,000 in costs and the statutory surcharge of £190. 

The fine was imposed after a guilty plea to failing to provide safe care and treatment, resulting in avoidable harm to a resident at the home, under Regulations 12 and 22 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

The prosecution arose after a resident died, having fallen from a window with hook and pin window restrictors which, while they were compliant with HSE guidance, could be easily disabled. The CQC investigation revealed that the restrictors had been checked by staff who were not properly trained on the relevant requirements and that they were not sufficient for the needs of the resident in question. 

The resident had dementia and suffered from disorientation and memory loss. Her care needs were not sufficiently met by the company, such that she was able to disengage the window and fall from a first storey window. She died in hospital eight days later. 

CQC prosecutions are rare but providers should be alert to the costs, both financial, emotional and practical, in responding to a serious incident. The toll on residents, family and staff when a serious incident occurs is unquantifiable.

The case underlines the importance of sufficient risk assessment, coupled with person-centred care plans, to ensure that residents are kept safe.