This story acts as a timely reminder to all residential care providers to check their window restrictors meet regulations.
A care home provider has been ordered to pay £33,230 at Kidderminster Magistrates’ Court, following a prosecution brought by the Care Quality Commission.
The provider pleaded guilty to one offence of failing to provide safe care and treatment to a client, 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.
The home was fined £6,000 and also ordered to pay £27,040 costs to CQC and a victim surcharge of £190.
The resident was admitted to the home 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 January 2020 and May 2021, the resident attempted to leave the care home on seven occasions, five were via windows.
Then in June 2021, she 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, she fell and sustained a serious injury, which resulted in her being unable to walk. The window which she 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 the provider failed to ensure the Home was safe and that adequate window restrictors were fitted.
CQC said: “This was an awful, preventable incident, and our sympathies are with the resident’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 the client’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.”