Priory Healthcare Limited has today (Friday 8 March) been ordered to pay £693,852 after pleading guilty in a criminal prosecution brought by the Care Quality Commission (CQC), at Birmingham Magistrates Court relating to the death of Mr Matthew Caseby while under the care of one of their services, Woodbourne Priory Hospital in Birmingham.
Priory Healthcare Limited pleaded guilty to one offence of failing to provide safe care and treatment at Woodbourne Priory Hospital, resulting in people, including Mr Matthew Caseby, being exposed to a significant risk of avoidable harm, contrary to Regulations 12 and 22(2)(b) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
Priory Healthcare Limited has been fined £650,000 and ordered to pay £43,672 costs and £180 victim surcharge.
Mr Matthew Caseby, who was receiving care from Woodbourne Priory Hospital, absconded on 7 September 2020 by scaling a courtyard fence. After he absconded, Matthew was tragically killed after being struck by a train.
Priory Healthcare Limited failed to provide safe care and treatment in that it failed to carry out a full review of security of the fences on Beech Ward following previous incidents relating to the courtyard fence over which Matthew absconded. That failure exposed people on Beech Ward, including Matthew, to a significant risk of avoidable harm.
In order to protect people, it is a legal requirement for any provider of health and social care in England to comply with CQC regulations, including the duty to provide safe care and treatment under Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
There are a number of enforcement actions CQC can and will take before prosecution to encourage and support improvement. People are entitled to receive safe care and treatment when they put their trust in health and care services, and providers should be held to account when significant avoidable failures occur.
Craig Howarth, CQC deputy director of operations for the midlands, said:
“This is a tragic case and my thoughts are with Matthew’s family and others grieving for their loss following his death.
“Matthew had the right to expect to be kept safe from harm while living at Woodbourne Priory Hospital. But in this case, the provider failed in its legal duty to protect him from being exposed to significant harm.
“At such a vulnerable time in his life, he should have received safe care and treatment, so it’s unacceptable that Matthew’s safety wasn’t well managed by the Priory when he needed them the most. This is why I welcome their guilty plea.
“It’s also unacceptable that the provider failed to learn from earlier incidents where people had absconded, which could potentially have avoided this tragic outcome if they had taken action.
“We know that the majority of people receive good care when they cared for in hospital, but if we find a provider has put people in its care at risk of harm, we take action to hold it to account and protect people in future.
“I hope this prosecution reminds Priory Healthcare Limited, and other health and social care organisations they must provide care in a safe environment that meets people’s needs and starts to provide Matthew’s family with some closure.”