Legal News

The Health and Safety Executive (HSE) has prosecuted a care home after an elderly resident with dementia fell from a first floor window and died.

Guildford Crown Court heard that the 87-year-old woman was staying at the Coppice Lea Nursing home in Surrey, owned and managed by Caring Homes Healthcare Group Limited.

In the early hours of 3 October 2013, the woman fell approximately four metres through a window in her room. She was reported missing at 1am and found two hours later, but was pronounced dead at the scene.

A Health and Safety Executive investigation found that the window restrictor in place – which normally prevents the window from being opened fully – was easily overridden and was not fit for purpose.

At Guildford Crown Court on Wednesday 7 June 2017, Caring Homes Healthcare Group Limited – of The Colchester Business Park in Essex –
pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.

The company was fined £450,000 and ordered to pay costs of £14,762.44.

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.

“Caring Homes 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 [to pass] through should be restrained sufficiently to prevent such falls – the 100mm benchmark should only be allowed to disengage using a special tool or key.”

Duncan Lewis Personal Injury Solicitors

Duncan Lewis personal injury solicitors can advise those who suffer injury in a fall from height caused by negligence on how to make a no win no fee claim for compensation, including claims relating to: