Our Client was prosecuted by the Health and Safety Executive after a service user fell at a Home and died as a result. We defended our Client against alleged breaches of a number of provisions of the Health and Safety at Work Act 1974.

We conducted an in-depth investigation into the circumstances of the death which included conducting site visits, questioning relevant individuals, drafting witness statements, analysing evidence and preparing exhibits. This approach allowed us to develop a forensic understanding of the circumstances of the incident. Once we had this understanding, we instructed experts and counsel in order to advance our Client’s position.

We successfully managed the handling of the case, engaged with our Client and explained next steps throughout this daunting process. We took an equally focussed approach to preparing a bundle of evidence to assist mitigation which reduced the level of fine imposed at sentencing.

Our experience in defending health and safety prosecutions against the Health and Safety Executive, a more experienced and qualified investigators than CQC , stands us in good stead to defend health and safety prosecutions of care providers by CQC, the principal prosecuting authority for health and safety prosecutions involving service users.