Risk, Health and Safety Information

Former care home owner prosecuted after resident death

The former owners of a Buckinghamshire care home have been sentenced for serious safety failings after a frail 76-year-old woman died following a fall from a hoist.

The Health and Safety Executive prosecuted Ashbourne Group UK Ltd, part of Southern Cross Healthcare, which owned the Lakeside Care Centre in Aylesbury at the time of the incident on 25 December 2010. The Southern Cross Group went into administration in July 2011.

Aylesbury Crown Court was told today that Mrs Barbara Kilty, who had been resident at the home for more than three years, slipped from her wheelchair after she was transferred from her bed using a hoist. She broke her hip as a result of the fall but the incident was not reported within the care home.
Ten days after the incident, Mrs Kilty was sent for an X-ray after she continued to show distress on being moved and even though an initial medical examination had found no injury.

Mrs Kilty, a widow and mother of six, was eventually taken to Stoke Mandeville Hospital some 17 days later and had an operation to correct her hip fracture. Sadly, she died shortly after the operation.

The court heard how HSE's investigation found that the risk assessment, equipment and procedures for safely moving and handling residents at the care home were not suited to the needs of an immobile and dependant resident such as Mrs Kilty.

Ashbourne Group UK Limited, whose address was given care of its Administrators in Glasgow, was found guilty of breaching Section 3(1) of the Heath and Safety at Work etc. Act 1974.
Judge Mr Recorder Laird QC said:

"The company are in liquidation and have no assets. Any fine the court could impose would therefore be meaningless. The standards at Lakeside Care Centre were woefully inadequate. Had Ashbourne Group UK Limited still been trading I would have imposed a fine of £100,000. However because the company has no assets I impose a nominal fine of £1."

The Lakeside Care Centre in Aylesbury is now in the hands of new owners.
After the hearing, HSE inspector Emma Rowlands said:

"This was an entirely avoidable incident involving a frail and vulnerable lady. Ashbourne Group UK Ltd should have made sure that equipment appropriate to the needs of Mrs Kilty was provided.

"If anything positive is to come out of this very sad incident, it is that other employers take note and be aware that HSE will not hesitate to take action against those who fall so far below the required standards.

"Each year, a significant number of incidents are reported involving people being injured while being moved with hoisting equipment."

Barbara Kilty's daughters, Bridget and Barbara, added:

"We are very angry and upset that yet another 'care' home didn't care. Our mother passed away through negligence on the part of Southern Cross.

"We would like to thank the Health and Safety Executive for pursuing this case."