Care home fined £190,000 after disabled resident dies following shower fall

A West Yorkshire care provider has been fined £190,000 following the death of a disabled resident who broke his neck at a nursing home.

The Care Quality Commission prosecuted Leeds-based St Anne’s Community Services after 62-year-old Kevin McNally died at the home in Smithies Moor Lane, Birstall, in April last year.

Bradford Magistrates’ Court heard that the 62-year-old resident, who had lived in the home since 2012, was taken for a shower by two care workers using a shower commode chair.

With Mr McNally loosely strapped in, the chair fell forwards and the impact broke his neck. Mr McNally, who had Down’s syndrome, epilepsy, dementia and a severe learning disability, was pronounced dead in hospital.

Jenny Ashworth, prosecuting, told the court that the provider had failed to adequately control the risk of serious injury and the accident was avoidable.

Debbie Westhead, Deputy Chief Inspector of Adult Social Care, said: “This accident was entirely avoidable. The risk of people sustaining serious injuries because safety or posture belts are not used properly has been well known for some time. Yet St Anne’s Community Services failed in its duty to ensure that care and treatment was provided in a safe way, and as a result Kevin McNally died. It is a tragedy which need not have happened.

“When serious incidents occur, we now have additional powers to hold providers to account in the courts. In future if we find that a care provider has put people in its care at risk of harm, we will always consider using those powers to the full to prosecute those who are responsible.”

Chief Executive at St Anne’s Community Services, Derek Bray said: “We have been deeply saddened by the events leading to this prosecution and have assisted the CQC throughout its investigations.

“We fully accept the outcome, and have taken our responsibilities in relation to the provision of care for vulnerable people very seriously indeed.”