Care home director jailed for gross negligence over Ivy Atkin death

An elderly care home resident was left “emaciated” by malnutrition and soaked in her own urine as she was neglected by a care home, a court heard.

Ivy Atkin died from pneumonia, brought about by “wanton and reckless neglect” at the Autumn Grange care home in Sherwood Rise, Nottingham.

The 86-year-old was described as “skeletal” and was “seriously dehydrated” when she died weighing just 3st 12lbs (25kg) on November 22 2012, shortly after being removed from the home.

Director Yousaf Khan(pictured), 47, of Bulwell, Nottingham has been jailed for three years and two months after admitting manslaughter by gross negligence at Nottingham Crown Court.

The care home company, Sherwood Rise Limited, was fined GBP300,000 after pleading guilty to corporate manslaughter – the first such prosecution against a company running a care home in England and Wales.

Nottingham Crown Court heard a carer acted as a whistleblower on the conditions at the home, where inspectors found mattresses “dripping” with urine, incontinence pads were frequently unavailable and residents were forced to share clothing, including underwear, following problems with the laundry system.

Prosecuting, Jason Pitter QC said: “The failures were so obvious by the time of the final inspection that they did not need to be pointed out.”

The court heard the business had been running since 1979 and it was handed to Yousaf Khan by his father in 2010 and standards began to decline.

Mr Pitter said: “Basic essentials, food, clothing and warmth, were inadequately provided.

“In June 2009, the care home received a two star good rating (from the Care Quality Commission)… by April 2011 things were very different.

“Particular concerns related to residents not having appropriate nutrition … and insufficient staff levels.”

The care home had space for 52 residents, and 28 people, including Mrs Atkin, had to be moved to other accommodation when it was closed in November 2012 after Nottingham City Council suspended its contract with the home.

During her 48 days at the home, she had developed a pressure sore on her lower back measuring 18cm by 10cm which became infected.

The prosecution said the pressure sore should have been detected sooner and ultimately contributed to her death.

Khan sat in the dock with his head in his hands as his representative said he “apologised unreservedly” for the death of Mrs Atkin.

Elyas Patel QC, mitigating, said: “There is no doubt what’s said that the conditions at Autumn Grange on November 2 2012 were visibly deplorable, unacceptable and shameful.

“(This was) not an evil directorship, but an incompetent and inept one.

“The conditions that Mrs Atkin was left in would cause anyone with a nanogram of humanity to hang their head in sorrow and shame.”

Paul Greaney QC, representing Sherwood Rise Limited, offered an “unequivocal apology”.

He said: “What occurred in this case is shameful.”

Mohammed Khan, 39, of Mapperley Park, Nottingham, was sentenced to a year in prison suspended for two years after admitting a health and safety offence.

The prosecution offered no evidence against Naseen Kiani, 54, of Sheffield, and Safeena Bibi, 26, of Nottingham, who had also been charged with a health and safety offence.

Copyright (c) Press Association Ltd. 2016, All Rights Reserved. Picture (c) Nottinghamshire Police / PA Wire.