Both the former care home provider, Maldon Lodge Care Home Ltd, and registered manager Lisa Stolworthy, of The Lodge, a care home in Maldon, Essex have been ordered to pay £53,181 and £660 respectively at Chelmsford Magistrates Court today (27 March) after they failed to provide safe care and treatment to a resident, Mr Brian Aspinall, in a prosecution brought by the Care Quality Commission (CQC).
Maldon Lodge Care Home Ltd pled guilty to failing to provide safe care and treatment to Brian resulting in significant avoidable harm. This resulted in one offence under Regulations 12 and 22 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 at their service, The Lodge.
Maldon Lodge Care Home Ltd was fined £33,000 for this. It was also ordered to pay a £181 victim surcharge and £20,000 costs.
Lisa Stolworthy, the registered manager of The Lodge at the time of the incident, also pled guilty to one offence of failing to provide safe care and treatment contrary to Regulations 12 and 22 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
Lisa Stolworthy was fined £600 and also ordered to pay a £60 victim surcharge.
In July 2021, Mr Brian Aspinall, 87, was admitted to The Lodge. His GP had recently made an urgent referral for assessment by specialist dementia services. His referral was due to memory problems, frailty, and a tendency to walk without known purpose.
Despite this, the then-registered-manager Lisa Stolworthy told the local Dementia Information and Support Service (DISS) in August 2021 that, in her view, Brian did not require a dementia assessment. He was discharged from the DISS team without a formal assessment.
On 16 October 2021 while residing at The Lodge, Brian was able to open a kitchen door leading to a stairwell and fell down, suffering a serious head injury. Paramedics were called, who took him to hospital.
He died on 28 October 2021 as a result of his head injury.
CQC brought the prosecution as it believed that if Maldon Lodge Care Home Ltd and Lisa Stolworthy had complied with their statutory obligations, Brian would not have been exposed to such a significant risk of harm.
Hazel Roberts, CQC deputy director of operations in the east of England, said:
Our thoughts are with the family of Mr Brian Aspinall who have been severely let down by Maldon Lodge Care Home and its registered manager Lisa Stolworthy. People receiving care have the right to expect that any risks to their safety will be effectively managed, and it’s unacceptable that this didn’t happen at The Lodge.
This fine is not representative of the value of Brian’s life, but I hope that this, and the prosecution serve as a reminder to all care providers that they must always ensure people’s safety and manage risks to their wellbeing.
The majority of care providers do an excellent job. However, when a provider puts people in its care at risk of harm, we will take action to hold them to account and to protect people.