Care Home Group fined after death of Elderly Resident

Wednesday, 5th July 2017

On 7 June 2017 the Health and Safety Executive (HSE) fined a care home company almost half a million pounds after an elderly resident fell from her first floor window and died.

In the proceedings Guildford Crown Court heard that the 87-year-old who was staying at the home in Surrey fell about four metres through her bedroom window in the early hours of 3 October 2013.

She was reported missing at 1am and found two hours later. She was pronounced dead at the scene.

A Health and Safety Executive (HSE) investigation found that the window restrictor in place, which normally prevents the window from opening fully, was easily overridden and therefore not fit for purpose.

The care home group who owned and managed this site, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974. They were fined £450,000 and ordered to pay costs of £14,762.44.

Speaking after the hearing, HSE Inspector Rebekah Dunn said: “It was clear from our investigation that the window restrictor was simply not doing the job of preventing the window from opening. It is alarming, and tragic, that an 87-year-old woman with dementia was able to defeat it.

“The group therefore failed to ensure the woman’s safety, which is particularly important given its unique position of trust. All windows that are large enough for people through should be restrained sufficiently to prevent such falls. The 100mm benchmark should only be allowed to disengage using a special tool or key.”