Care Home Prosecuted After Resident Fell to her Death From Window


2 mins

Posted on 27 Nov 2014

A care home company failed to ensure an elderly resident’s safety when she managed to overcome a restrictor device to open a window and fall from her first floor room.

The court heard that the 92-year-old resident sustained fatal injuries falling from her bedroom window between 4am and 7am. Her body was found by care home staff.

An investigation by HSE found that all the windows at the home were fitted with the same type of window restrictors, which were unsuitable for use in a care home because they could be easily over-ridden, so that the window could open wide.

The company pleaded guilty to one charge under the Health and Safety at Work etc Act 1974 and was fined £96,000 and ordered to pay £100,000 in costs.

Recommendations

  • Conduct a health and safety audit of the care home environment to identify any risks to the service users. 
  • Conduct and record risk assessment identifying significant risks to the service users
  • Further information on the risks of falling from windows for the health and social care sector can be found on the HSE website

    Doyle Clayton can audit your care home to identify any risks to the service users. Please contact Sally Beck for further information.  

    The articles published on this website, current at the date of publication, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your own circumstances should always be sought separately before taking any action.

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