A care provider has been fined £100,000 after a resident suffered avoidable injury at one of its homes.
Norse Care (Services) Limited, a large care home provider in Norfolk, pleaded guilty to putting people at risk of avoidable harm due to its failure to ensure windows at one of its homes were safe.
A 70-year-old male sustained minor injuries to his head, hands and legs after being found in the grounds of Mountfield, Norwich on 4 October 2020, having exited from a first-floor window.
It was found the restrictors, put in place to prevent windows opening wide enough for people to climb out of or fall through, were not adequate at the home. They could be manually overridden and did not comply with the recognised safety standards for the health and social care sector.
Care providers have a legal responsibility to take all reasonable steps to ensure the health and safety of people using their services, and to manage risks that may arise during care and treatment.
Norse Care (Services) Limited’s poor management of the windows at Mountfield meant it had not taken all reasonable steps to ensure people’s safety.
In addition to the fine, Norse Care was ordered to pay £11,000 costs to the Care Quality Commission (CQC), which brought this criminal prosecution, and a £170 victim surcharge.
The sentencing took place today (Thursday 7 July 2022) at Chelmsford Magistrates Court.
Louise Broddle, CQC head of adult social care inspection, said:
“People receiving care have a right to expect they are safe and well-protected, and that any risks to their health and wellbeing are well-managed.
“In this case, Norse Care didn’t take all necessary steps to ensure its residents’ safety. This resulted in someone being hurt and other people at the service being exposed to a significant risk of avoidable harm. This is unacceptable.
“We have taken legal action to hold this provider to account, and I hope this reminds all care providers that they must do everything they can to keep people safe.”
Norse Care (Services) Limited runs numerous services throughout Norfolk and Suffolk including care homes and housing-with-care schemes.
Many people using its services are vulnerable or living with dementia, and the risk presented by unrestricted windows in this environment is well known.
At Mountfield, restrictors to prevent windows opening more than 100mm didn’t comply with safety standards.
Although regular checks were carried out on the windows, Norse Care (Services) Limited hadn’t ensured that the restrictors were reviewed for signs of damage or to see whether they could be overridden or disengaged.
As a result of this failure, there was a risk that residents could exit via the windows and fall from height.
Under the Health and Social Care Act, care providers have a legal responsibility to protect people from significant risk of avoidable harm and this includes ensuring the premises are safe for the purpose intended.
Norse Care (Services) Limited took prompt action to install suitable window restrictors following the incident.
Mountfield was last inspected in April 2021 and was rated requires improvement.