Care home ordered to pay £37k after patient death

A care home provider has been ordered to pay £37,000 after a patient died following a fall from a first-floor window.

The company, Mr and Mrs J C Walsh, which runs Ambleside care home in Cheltenham, Gloucestershire, was issued the fine at Cheltenham Magistrates' Court on 30 April.

The provider pleaded guilty to failing to provide safe care and treatment to resident John Allen, who died from injuries sustained in the fall on 2 June 2023.

His window was found to not have adequate restrictors in place to prevent them opening beyond 10cm (3.9in), despite him trying to leave via the window earlier in his stay.

Allen sustained significant injuries in the fall and died 10 days later as a result.

Allen was staying at Ambleside on a temporary basis and had expressed a desire to leave the home on several occasions, the CQC report stated.

His family had sought reassurance from the home that there were sufficient safeguards in place to prevent him from leaving.

The home had assured them that it would not be possible for him to open the window far enough to get out.

The Care Quality Commission (CQC) brought the prosecution case because the providers failed to adhere to guidance stipulated by Health and Safety Executive.

Stefan Kallee, the CQC's deputy director of adult social care for Gloucestershire, offered his sympathies following Allen's "tragic and potentially preventable death".

"When he moved into Ambleside for respite care, he had the right to safe care in an environment where risks were being identified and effectively managed," he said.

"The failure of Mr and Mrs J C Walsh to identify and address clear dangers at Ambleside was unacceptable and resulted in the death of someone who was vulnerable at the time."

The company was fined £20,000 and ordered to pay a £2,000 victim surcharge and £15,000 in costs.

Kallee said the fine was "not representative of the value" of a lost life, but acted as a reminder to all care homes of their "duty to protect people".

"I would urge organisations providing similar accommodation to ensure their own window restrictors meet safety standards," he added.

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