Milkwood Care Ltd, the provider of Ganarew House Care Home in Herefordshire has been ordered to pay £33,230.79 at Kidderminster Magistrates’ Court, following a prosecution brought by the Care Quality Commission (CQC).
The provider pleaded guilty to one offence of failing to provide safe care and treatment to Mrs Eva Cox, thereby resulting in avoidable harm. This is an offence contrary to Regulations 12 and 22 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. It was fined £6,000 and also ordered to pay £27,040.79 costs to CQC which brought the prosecution, and a victim surcharge of £190.
Eva was admitted to Ganarew House from 9 March 2020. She was 98 years old and had mixed vascular and Alzheimer's type dementia.
She was known to staff to have a desire to leave the care home and return to her own home. Between 10 January 2020 and 24 May 2021, Eva attempted to leave the care home on seven occasions, five were via windows.
Then on 1 June 2021, Eva entered the first-floor shower room, and got out through the window onto a flat roof, which was around eight feet off the ground. In attempting to lower herself from the roof, Eva fell and sustained a serious injury, which resulted in her being unable to walk.
The window which Eva went out of, had a built-in restricted hinge, however it was not fitted with a window restrictor that complied with national guidance.
An investigation by CQC found Milkwood Care Ltd failed to ensure Ganarew House Care Home was safe and that adequate window restrictors were fitted.
Amanda Lyndon, CQC’s deputy director of operations in the midlands, said:
“This was an awful, preventable incident, and our sympathies are with Eva’s family. The provider failed in its duty to protect her in a place she should have been safe and receiving the best possible care.
“It’s unacceptable that staff were aware of Eva’s attempts to leave the care home on several occasions prior to the incident, however she was still able to leave the property and come to harm, which should have never happened.
“I hope this prosecution reminds all care providers they must always ensure people’s safety and manage risks to their health and wellbeing.
“The majority of providers do a good job. However, where we find someone has been put at risk of harm, we will use our regulatory enforcement powers to protect people.”
Any fine imposed by the court goes directly back to HM Treasury and not to CQC.