A care home provider has been fined £363,000 after another resident failed to protect a rape victim despite nearly 80 sexual and violent incidents being reported.
The firm, which cannot be named to protect the victim’s identity, was also ordered to pay £12,441 in prosecution costs at Nottingham Magistrates Court on Wednesday.
The Care Quality Commission sued the company after it was described in court as a failure to effectively respond to a series of incidents involving a man who was eventually convicted of eight sex offences at Nottingham Crown Court in 2019 .
Sentencing the company, which accepted two charges related to a care home in Nottinghamshire under the 2008 Health and Social Care Act, District Judge Leo Pyle said there has been a “marked change” within the firm since the failures. .
The judge told the court: “The court must ensure that the effect of the fine is commensurate with the gravity of the offence.
“In my view there is a high culpability involved in this case.
“Employees were expressing concern, management was not taking action. In my view this was a systemic failure within the organization. The harm caused by the male resident cannot be overstated – which is reflected in the convictions in the Crown Court Is.
“His behavior affected residents and staff. This should have been addressed earlier.
“During that period it would have become clear that there was a high potential for harm.”
The allegations said the firm failed to protect the woman whose rape resulted in “abuse and unfair treatment, resulting in avoidable harm” and to “implement and effectively implement systems and procedures to avoid harm to service users”. Failed to operate”.
During the opening of the case by the CQC’s barrister, it was stated that there have been 79 incidents of violence and sexual behavior with a male resident.
Before sentencing, defense attorney Mark Ruffel offered the mitigation, saying that what happened in the care home was unique among the “geysers” of hardships faced by many different residents on several occasions.
Mr Raphael said the company acknowledged that employees should “join the points” but insisted that eight or nine security referrals made to social services were rejected.
Meanwhile, the police had been called several times, but either did not appear or “the matter is simply over,” Mr. Raphael told the judge.
The court also heard that the offender was initially granted bail by the police, and then social services wanted the suspects to return to the same house.
Speaking after the court case, CQC Deputy Chief Inspector for Adult Social Care, Mary Kriege, said: “People have a right to safe care and treatment, which is given in an environment where threats to their well-being – including abuse – are not well tolerated. Sadly, this care provider does not meet these basic standards for residents of the home where the incident occurred.
“The failure of the Company to protect a vulnerable woman from a resident who was known to pose a sexual threat is appalling. The offense committed by her was avoidable.
Similarly, the lack of safeguards to protect all residents of the company from the risk of abuse was unacceptable.
“Most care providers do an excellent job. However, when a provider puts people in their care at risk of harm, we take that into account and take action to protect people.
“I hope this prosecution reminds care providers that they should always take all reasonable steps to manage risks to protect people, including ensuring that people are protected from abuse.”
Credit: www.independent.co.uk /