Independent care homes are being strongly advised to ensure their staff are familiar with residents’ care plans after the Health and Safety Executive (HSE) issued a major fine.
The warning from South East lawyers Birketts comes after an HSE investigation resulted in a care home company being fined £1.9 million following the death of a 96-year-old resident in their care.
Birketts, which has a Sevenoaks office, is advising care home operators to ensure staff are familiar with residents’ care plans after a basic but critical oversight contributed to the incident.
The resident had been placed on a specialist diet and her care plan clearly stated she needed close supervision while eating. However, the court heard that two agency staff were left to manage 12 residents without adequate support, and the resident was unsupervised, highlighting systematic failures in staffing and training.
Julie Gowland, Partner in Birketts’ regulatory & corporate defence team, said: “The HSE’s enforcement will resonate across the social care sector. It shows the increasing scrutiny operators face under the Health and Safety at Work etc. Act 1974, which places clear duties on employers to protect those in their care. Failure to comply can result in severe financial penalties, as well as reputational damage.
Operators must take proactive steps to safeguard residents, staff and the wider organisation in order to protect themselves from the consequences of an investigation into non-compliance.
Birketts is advising that operators should implement robust compliance frameworks and monitoring systems to meet statutory obligations under the HSWA 1974.
Although the care provider in this case, which runs 190 care facilities across the UK, has since introduced measures to improve staffing and skills, it indicates that policies only protect people when implemented effectively.
Birketts has an independent healthcare team that regularly advises care homes, clinics and private hospitals on corporate, real estate, regulatory and employment issues.
For further information on the work of Birketts and the services it offers, visit www.birketts.co.uk.
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