CQC prosecutes care home for breaches in regulations

15 February 2010

The owner of a care home in County Durham who breached regulations on the handling of medicines and proper care planning for its residents has been fined £3,200 by magistrates in Darlington.

The Care Quality Commission brought the prosecution against Orchard Care Homes.Com Limited of Thorpe Park, Leeds, the provider of the St George's Hall and Lodge care home at Middleton St George.

On Thursday 4 February at Darlington Magistrates' Court, the company pleaded guilty to two charges: failing to comply with care homes regulations requiring them to make arrangements for the recording, handling, safekeeping, safe administration and disposal of medicines, and failing to ensure care plans properly reflected how residents' needs were to be met

The nursing home is currently registered to accommodate up to 83 people, including many people with dementia.

The court was told how CQC inspectors who visited the home in April last year recorded a series of discrepancies in the administration of medications. Following the inspection CQC served a notice on the company requiring it to undertake a full review of its systems for the recording, handling and safe administration of medication and to bring in effective arrangements.

Two months later, when inspectors returned to the home, they found that some drugs were still not being stored properly, and there were still discrepancies in records.

In April CQC inspectors had also checked the home's written care plans, which are supposed to ensure that staff understand how people's health and welfare needs can be properly met. The inspection found that the information in some care plans was inadequate, out of date and inconsistent. CQC required the company to review individual plans to ensure that they clearly identified how people's needs would be met and to revise those plans as necessary to reflect the residents' changing needs.

A subsequent inspection two months later established that while there had been improvements in some care plans, the plans for five people were still not up to the required standard, failing to take account of the detailed needs of the residents, including those with specific medical conditions.

The company was fined £1,600 on each charge, and ordered to pay the Commission's costs of £731-90, plus a victim surcharge of £15.

Ends

Notes to editors

• Regulation 15(1) of the Care Homes Regulations 2001 requires: "Unless it is impracticable to carry out such consultation, the registered person shall, after consultation with the service user, or a representative of his, prepare a written plan ("the service user's plan") as to how the service user's needs in respect of his health and welfare are to be met"
• Regulation 13(2) of the Care Homes Regulations 2001 imposes a strict obligation on the company to "make arrangements for the recording, handling, safekeeping, safe administration and disposal of medicines received in to the care home"
• After its last inspection in September last year, the home was given an overall quality rating one star (adequate). That inspection found that a significant amount of work has been done to address the requirements and recommendations from the earlier visits. The report noted: "People's care plans now contain adequate information about how needs in respect of health and welfare are to be met, and people confirmed that they are consulted and aware of the content. The plans are available for people to see and those seen were kept under review and appropriately revised. This gives staff the information they need to look after people on an individual basis.
• “Arrangements are now in place for the recording, handling, safekeeping, safe administration and disposal of medications received into the home. This is to make sure that people receive their prescribed medication."