Following an investigation into the death of a resident, a care home owner and manager have been fined after admitting they failed to provide safe care and treatment. The prosecution was brought against the company and manager, and both have been fined. The owner was fined £16,00, plus a £170 victim surcharge and the manager was fined £1,000, plus a £170 victim surcharge.
CQC found the provider and manager had not sufficiently cared for the resident and that his death and injuries were entirely avoidable. The resident died from fatal injuries after he fell from his second floor bedroom window. At the time of the residents’ death, the window had no restrictors on it. CQC reiterated the point that the “overall responsibility for health and safety lies with the registered provider and registered manager, who both had a clear role in ensuring that safe care and treatment was provided to the resident”.
This case reminds providers of the potential implications when CQC find a provider and manager are in breach of their legal duty to ensure care and treatment was provided in a safe way. These implications being a large fine for both the provider and manager. Providers need to be aware that CQC will use their powers to prosecute when they want to hold a provider and manager to account, and fine both parties.