Mental Capacity Act 2005 - Section 44 Ill-treatment or neglect
The Mental Capacity Act 2005 (The Act) introduced two new criminal offences:
• ill treatment and wilful neglect of a person who lacks capacity to make relevant
decisions. These offences are known as Section 44 of the Act and applies to anyone
caring for a person who lacks capacity – this includes;
- family carers, healthcare and social care staff in hospital or care homes and those
providing care in a person’s home
- an attorney appointed under an LPA or an EPA, or
- a deputy appointed for the person by the court.
These people may be guilty of an offence if they ill-treat or wilfully neglect the person they care
for or represent. Penalties will range from a fine to a sentence of imprisonment of up to five
years – or both.
Ill treatment and neglect are separate offences. For a person to be found guilty of ill treatment,
they must either:
• have deliberately ill-treated the person, or
• be reckless in the way they were ill-treating the person or not.
It does not matter whether the behaviour was likely to cause, or actually caused, harm or
damage to the victim’s health.
The meaning of ‘wilful neglect’ varies depending on the circumstances but it usually means
that a person has deliberately failed to carry out an act they knew they had a duty to do.
For further guidance staff should read Chapter 14 of the MCA Code of Practice:
http://www.justice.gov.uk/downloads/protecting-the-vulnerable/mca/mca-code-practice-0509.pdf
Included below are summaries of recent prosecutions that have taken place
within England and Wales in relation to Section 44 of the Mental Capacity Act.
These details have been reproduced from the media from whom the accuracy of
the content has been provided. They are included here to highlight examples of
prosecutions that have occurred nationally under the authority of the Act.
•
Henlow care worker escapes jail after leaving collapsed elderly man on floor
Bedfordshire on Sunday, 6th September 2013
Disgraced care worker Jackie Ndoro narrowly escaped going to prison after leaving an
elderly resident on the floor for an hour when he collapsed. Ndoro, who was sentenced at
Luton Crown Court today, was captured on CCTV sleeping in a chair when she should
have been carrying out regular checks on residents at The Limes Home, in Henlow.
Eighty-six-year-old Albert Riches, who suffered from dementia, was prone to falling after
suffering mini strokes and having an operation for a broken leg. After falling over, he
called for help, but was ignored. He has since died. A colleague of Miss Ndoro even
tapped his leg and then swept around his body. Then when Ndoro appeared she and the
other woman pulled him up by the scruff of the neck and 'dumped him on a wheelchair.'
Ndoro 38, of Bodmin Road, Luton, appeared for sentencing today after earlier being
found guilty of a charge of neglect of a person who lacks of capacity. The court heard the
offence took place on the night of 22 June 2011. Judge Barbara Mensah was told the
other care worker who had ignored Mr Riches that night is still being sought by
Bedfordshire Police after failing to answer her bail.
At the trial prosecutor Isabel Delamare said the elderly man was heard to say 'I am sorry'
as the women were pulling him up. She said the two workers should have used a hoist
but it was in another room and they could not be bothered to fetch it. Ms Delamere said
that Ndoro and her colleague were already under suspicion by the manager of the home
and he had already installed a CCTV camera to keep an eye on the pair. The prosecutor
went on: "Mr Riches had become prone to falling over following mini strokes. He was
elderly and frail and in need of constant care and attention." The recording showed Mr
Riches walking round and round the lounge before falling on the floor.
The prosecutor continued: "The CCTV showed Ndoro sitting down at 1am. She sat in a
chair and did some paperwork. Her feet were up and she was sleeping under a blanket
between 1am and 5am." She should have been carrying out two hourly checks on the 23
residents, several of whom had dementia. Both women were dismissed for gross
misconduct and police were informed.
Giving evidence, Ndoro admitted she fell asleep during her shift, but denied she
neglected Mr Riches. She said: "I knew he was vulnerable but I didn't think he had fallen,
I made an assumption that he put himself on the floor and I should not have made that
assumption. But I did care that's why I got the wheelchair."
The judge said it was the lack of concern for his plight as shown by the two women on the
CCTV footage that was "so shocking".
The court was told that by her conviction Ndoro will be automatically barred from working
with vulnerable adults. She was given a four month prison sentence which was
suspended for 12 months. She was also placed on supervision for 6 months and was told
she must carry out 150 hours of unpaid work.
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•
Buckinghamshire care home worker jailed for 18 months,
BBC News, 29th August 2013
A woman photographed sleeping while on duty at a Buckinghamshire care home has been
jailed for 18 months.
Managers saw Henretta Offae asleep in a chair at the Westlands home in Olney in 2011.
Many of the 19 elderly residents had been left for hours with no change of incontinence
pads, Aylesbury Crown Court, sitting at Amersham, heard. The jury found Offae, 41, of St
Chad's Road, Derby, who had over stayed in the UK, guilty of 19 charges of neglect. She
was sentenced to 13 months for neglecting the 19 residents in her care and five months for
gaining employment using false documentation.
The court heard she had over stayed her Visa period and had been refused leave to remain
in the UK but was currently appealing that decision. Judge Francis Sheridan described her
conduct as cruel, lazy and unacceptable and said she cheated her way into employment
and then cheated her way through employment. He said this was not a one-off incident but
was her modus operandi. She had been asleep for 20 minutes during her night shift on 17
August 2011, the court heard. Curtains were drawn, a heater was on and a television was
blaring in the room where she was found. Eleven bedside warning alarms had been
disconnected, leaving vulnerable residents "abandoned", the court was told.
The prosecution described the case as a "catalogue of neglect by a care worker" and that
Ofae had showed a "callous disregard" for people in her care. The defence said she was
not asleep and had merely closed her eyes, and it was "inconceivable" that she would
sleep with managers close by.
Westlands 'sleeping carers': One cleared the other faces retrial,
BBC News, 27th June 2013
A nightshift worker snapped "sleeping on duty" at a Buckinghamshire care home has been
cleared of neglect but her colleague faces a retrial.
At Amersham Crown Court, Titilayo Ajala, 56, and Henretta Offae, 41, both denied 19
charges relating to Westlands home, in Olney. Ms Ajala, of Penryn Avenue, Fishermead,
Milton Keynes, was found not guilty. The jury could not reach a verdict on Ms Offae, of St
Chad's Road, Derby, and she is due to be re-tried. Both women had been resting their eyes
when the photograph was taken, they told the court.
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•
Healthcare worker jailed for neglect of elderly patients at Whipps Cross Hospital,
East London and West Essex Guardian, 23rd August 2013
A healthcare worker was sentenced to a year in jail today for neglecting elderly women in
her care at Whipps Cross Hospital. Akousa Sakyiwaa, 37, of Orange Grove, Leytonstone,
was sentenced at Snaresbrook Crown Court to 12 months in prison for four counts of ill
treatment or neglect of a person without capacity under Section 44 of the Mental Capacity
Act 2005.
Two other healthcare assistants were also sentenced. Sharmilla Gunda, 36, of Horns
Road, Ilford, was sentenced to 5 months in prison for one count of ill treatment or neglect of
a person without capacity and one count of common assault. Annette Jackson, 33, of
Simpson Road, Hounslow, was sentenced to 2 months in prison, suspended for 12 months,
and 100 hours unpaid work for one count of ill treatment or neglect of a person without
capacity. The three women were all found guilty at an earlier hearing on Friday June 21
after a student-nurse whistle-blower reported their abuse to senior hospital staff.
A police investigation found evidence that Sakyiwaa had held a bed sheet over 87-year-old
Joan Musset's head and told her she was dead. She also pushed elderly Elizabeth
Toussant, shoving her down into a chair when she refused to be washed and slapped
Louise Hodges, 92, when changing her bed clothes. Detective Sergeant Tammy Dempsey
from the MPS Community Safety Unit in Waltham Forest, said:
These three women had a responsibility for the welfare of those who were under their care.
The public and families of these elderly patients have a right to expect that they will be
treated with respect and looked after in an appropriate manner. Gunda, Jackson and
Sakyiwaa let everyone down and it's right that they have been found guilty at court. I would
like to take this opportunity to thank those who had the courage to come forward and report
these offences and give their evidence in court."
Abusive Whipps Cross health carer who beat elderly dementia patients found guilty
East London and West Essex Guardian, 21st June 2013
Three abusive health care assistants who beat and taunted elderly dementia patients at
Whipps Cross Hospital are facing jail. Akosua Sakyiwaa, 38, of Orange Grove,
Leytonstone, Annette Jackson, 33, of Hounslow and Sharmila Gunda, 36, of Ilford, Essex,
were found guilty yesterday of seven charges of neglecting the women in their care. They
were cleared of 10 other charges of neglect and assault by beating against the elderly
women after a two week trial at Snaresbrook Crown Court.
Sakyiwaa was found guilty of four counts of neglect against three patients, including
holding a bed sheet over 87-year-old Joan Massett’s head and telling her she was dead.
Prosecutor John McNally said: “Ms Sakyiwaa put her hands on her left breast and wobbled
it, saying what is this, is this what you call a breast? “She laughed at her and said you have
no breasts, and stuck her tongue out at her as she left.” On another day, she prodded her
breasts and said 'I'm young and my breasts are better than yours.’
Ms Massett protested that she wanted to see a different health care assistant because
Sakyiwaa was 'dread.’ “Ms Sakyiwaa took this differently, saying I'm not the dead one, you
are the dead one, I'm not dead” said Mr McNally. “She then placed a bed sheet over Ms
Massett's face and said see you're the one who is dead.” She also pushed elderly Elizabeth
Toussant, shoving her down into a chair when she refused to be washed. Giving evidence
student nurse Snezana Madvezevic said: “She starts screaming so badly, because she
didn't expect this push. “She didn't say anything she was just screaming so loud.” Sakyiwaa
also slapped Louise Hodges, 92, when changing her bed clothes. “When she saw there
had been soiling, she slapped her on the hip or bottom area, and went on to clean her in a
manner that suggested that Ms Hodges was being violent,” Mr McNally said. She was
cleared of neglecting four other patients after jurors failed to reach verdicts.
Last week Sakyiwaa claimed the allegations against her were ‘all made up’ and that she
treated everyone in her care like her 108-year-old father.
Annette Jackson, 33, of Hounslow and Sharmila Gunda, 36, of Barkingside were also
found guilty of seven charges of neglecting the women in their care. Jackson was found
guilty of one count of neglecting patient Barbara Jones, but cleared of four other charges.
Gunda was found guilty of one charge of neglect, having hurt elderly June Evans, making
her shout in pain while roughly cleaning dried dirt off her body. But she was cleared of
exposing Joan Musset to the ward by leaving her curtains open, and dropping her out of
bed by moving her roughly.
The nursing assistants had insisted the allegations were made up, with Sakyiwaa claiming
she treated everyone in her care like her own family. They had denied all the charges
against them. Judge Timothy Lamb QC granted them bail ahead of sentence on August 23.
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Couple jailed after stealing £62k from mentally-ill relative for motorbikes and cars
Daily Echo, 18th August 2013
A couple who stole thousands of pounds of inheritance from a relative with learning
disabilities to buy expensive motorbikes and cars have been jailed.
The actions of Jane Martin, 51, and Steven Collins, 53, were described as “despicable”
by a judge as he sentenced them to three and four years respectfully for targeting Martin’s
severely disabled brother Vaughan.
A jury convicted the pair this week of two counts of theft. Collins was also found guilty of
wilful neglect of a vulnerable person, which was described in court as a “grotesque breach
of trust”.
Bournemouth Crown Court heard that the couple plundered £62,000 from Vaughan, 53,
over a 15-month period which had been left to him following the death of his and Martin’s
mother Violet in November 2011. Martin worked for LV at the time and Collins had just lost
his job at Superior Seals. In May, 2012 Martin and Collins moved Vaughan from his safe
care home to their house in Red Barn Farm, Blandford. That July, Vaughan was put into a
respite care home in Dorchester while Martin and Collins went on holiday.
The jury heard staff at the home discovered bruising on Vaughan’s body and an
investigation was launched. It was then police discovered £62,000 missing from Vaughan’s
bank account and that the pair had also taken £14,772 from Violet before she died. A police
expert found seven separate sites of assault on Vaughan’s body in the areas of his kidney
and genitalia. Lee Christmas, representing Martin, said the pair stole the money following a
“loss of control out of despair”. Nicholas Robinson, representing Collins, said: “The shame
of his conduct will be with him until the end of his days.”
Sentencing Judge Peter Johnson said: “This was a despicable loss of control. You were
living well beyond your means. You systematically plundered Vaughan’s bank account to
the sum of £62,000 over approximately 15 months. Some of it was used to buy expensive
motorbikes, and also a Mini Cooper.”
A Proceeds of Crime Act confiscation hearing will be held at a later date to retrieve
Vaughan’s money. Afterwards DS Paul Smith said: “The charges follow a very protracted
and difficult investigation, due predominately to the fact we could not interview either
victim.” He said the investigation was carried out by Dorset Police and Dorset County
Council social services who will take action to ensure the most vulnerable members of
society are not at undue risk of harm.
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Wells woman cleared of care home abuse
Wells Journal, 6th August 2013
A Wells woman has been formally cleared of an accusation she ill-treated a care home
patient. Josephine Saville, 51, of Clements Close, Wells, appeared before Taunton Crown
Court charged with neglecting a patient at Fletcher House care home, Wells, on February
10, and was found not guilty by Judge David Ticehurst.
A second charge of common assault by beating was remitted to South Somerset
magistrates’ court on August 18.
Woman facing trial over alleged neglect
Wells Journal, 2nd May 2013
A woman is to stand trial at Taunton Crown Court accused of neglecting an elderly patient
at the Wells care home where she worked. Josephine Saville, 50, of Clements Close,
appeared in the dock before Somerset Magistrates. She pleaded not guilty that on
February 10 while employed at the Fletcher House care home, she wilfully neglected a
patient, Alice Mabel Bignall.
The court heard that the 97-year-old victim was allegedly left lying in wet clothes and
sustained a bruise to her wrist. The defendant chose to stand trial before a judge at the
crown court and the case was adjourned until Monday, May 13, when she must appear
before a preliminary hearing at Taunton.
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•
Care worker sentenced for ill-treating patients
BBC News, 1st August 2013
A former Gloucestershire care worker has been given a 10-month suspended prison
sentence for ill-treating patients he was looking after. Brent Morgan, 46, of Eastern
Avenue, Mitcheldean, physically abused three patients while working at Woodlands Care
Home in Longhope. Morgan will also have to carry out 240 hours of unpaid work. He was
found guilty of six charges of ill-treating the patients after a trial at Gloucester Crown Court.
The court heard that in one incident he stood on the feet of an 18-year-old woman with
severe learning difficulties and made her scream. In another he forced his fingers into the
mouth of a 47-year-old man with a severe behavioural disorder and made it bleed. The
offences all took place between January and September 2011. The abuse came to light
after colleagues at the care home contacted the Care Quality Commission. Morgan claimed
the allegations were false as the people who complained were jealous of him and his wife,
who was the house manager at the time.
The Recorder John Trevaskis told Morgan his victims had needed and deserved his full
support and that he had betrayed their trust. He said Morgan had subjected them to
unjustified physical abuse and that his behaviour was "thoughtless and heartless". But the
Recorder suspended Morgan's sentence noting that his actions were not typical. Several of
his colleagues and friends had also written to the court.
One of them said they had been shocked and bewildered at reports of what Morgan had
done and that it was difficult to believe as he was a man of good moral character. Detective
Constable Dean Morse said the residents at the home were "very vulnerable" and Morgan
had "taken away their dignity and respect". Aspirations, the company that took over the
running of the Woodlands Care home, declined to comment.
Care worker warned he may face jail after being found guilty of ill-treating residents
The Citizen, 12th July 2013
Care worker Brent Morgan was warned he faces jail after being found guilty of ill-treating
three vulnerable residents at a care home. Brent Morgan, 46, had stood on the feet of an
18-year-old woman with severe learning difficulties and made her scream. He forced his
fingers into the mouth of a 47-year-old man with a severe behavioural disorder and made it
bleed. And he shut another man in his forties out of the home – sometimes wearing only
socks or slippers in bad weather – if the man became 'loud and agitated'. The abuse all
happened at the Woodlands Care Home in Longhope, where Morgan was a senior support
worker and his wife Marie was manager.
Morgan, of Eastern Avenue, Mitcheldean, denied six charges of ill treatment or wilful
neglect. But after a nine-day trial the jury found him guilty of all six charges – four
unanimously and the other two by a majority of 10-1. The case concluded with only 11
jurors after one was discharged for making a comment about the case which was
overheard in public on Tuesday this week.
A witness who had given evidence in the trial saw three jurors together in Gloucester and
overheard one man saying to the other two: "If it was up to me I would give him (Morgan) a
slap on the wrist and 500 hours community service." Recorder Trevaskis confronted the
juror who was said to have made the offending remark and he was discharged from further
jury service. The other two jurors were instructed to continue to try the case after they said
they were not influenced by the comment.
Defending barrister David Martin told the judge he was happy for the case to continue as
the jurors had assured the court they had open minds. "They should not talk about the case
– of course they should not – but what happened was not serious enough for the jury to be
discharged," he said.
After the verdicts, Recorder Trevaskis bailed Morgan until August 1 for a pre-sentence
report to be prepared. He told Morgan: "I make it clear in taking that course that I am
keeping open all my sentencing options including the imposition of an immediate custodial
sentence." The Recorder thanked the jury for their service in a long and "disturbing" case.
Care home worker trial: Brent Morgan 'falsified rotas and grabbed a patient's neck',
The Citizen. 4th July 2013
A care worker allegedly pulled a mentally ill man from a car and grabbed his neck telling
him to "shut up". Brent Morgan is accused of physically abusing patients while working at
Woodlands care home in Longhope. His trial continued yesterday and Gloucester Crown
Court heard allegations that Morgan pulled the man from a car after he became "agitated".
He pushed him down and put his hands around his neck to try to silence him, the jury was
told. Colleagues also accused him of grabbing another man's arm to force him to go on a
walk and pinching patients' noses.
Morgan, 46, denies six charges of ill-treating three patients with mental health problems
while he was employed at the Gloucester Road care home. He also denies three charges
of ill-treating a person who lacks capacity. All are alleged to have happened between
January 2011 and September 30, 2011. The Quality Care Commission began investigating
the home in November 2011. Witness for the prosecution Rashida Brown said she was told
by a senior manager to falsify rotas. She said it was to cover up staff shortages and the fact
Morgan and wife Marie had been working together.
Defence barrister David Martin said Morgan had raised concerns himself about treatment
of patients at the home. He asked Mrs Brown: "When he came back from holiday are you
aware he put in a concern sheet as to what he found at Woodlands? He found one female
patient with her feet soaking in a mop bucket used to clean the floors." Ms Brown said the
patient is question liked to have her feet in warm water and added: "They had a grey bucket
they used for that, but they wouldn't have used a dirty bucket for it."
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•
Leeds care worker jailed for OAP abuse
Yorkshire Evening Post, 27th July 2013
A carer who subjected a 74-year-old dementia sufferer to “grotesque and vile” abuse while
she was looking after her has been jailed for six months. Dorothy Graves, 63, was caught
after the victim’s niece became suspicious and hid a microphone in her home. Leeds
Crown Court heard the relative was horrified and broke down in tears when she listened to
the recordings of the elderly woman being abused and taunted by Graves.
Recorder Amanda Rippon told Graves that only an immediate prison was appropriate
because her offending undermined the public’s confidence in the caring system. The parttime judge told Graves: “You abuse (the victim) in the most grotesque and the most vile
manner. She was 74-years-old and she was completely in your thrall. She couldn’t do
anything about your behaviour. Public confidence in the caring profession is being regularly
knocked, and cases of this kind case cause huge concern within the community.”
Graves, of Greenwell Court, Osmondthorpe, Leeds, pleaded guilty to six counts of illtreatment of a person without capacity. The offences took place while Graves was the main
carer for the woman at her home on Brooklands Court, Leeds. Mehran Nassiri, prosecuting
said Graves was considered like a member of the family by the victim’s relatives and was
trusted with much of her care as she became increasingly immobile and unable to
communicate and her condition worsened.
The victim’s niece became suspicious early last year when her aunt began to appear
‘jumpy’ and restless. She took the decision to bug the living room by using voice recording
equipment to monitor the situation.
A total of 44 hours of recordings were made in all, on which 17 separate incidents of abuse
were discovered. On many occasions Graves was recorded shouting foul-mouthed abuse
or threats at the victim. On one occasion she was recorded saying: “You stink you dirty old
cow.” On another occasion, as Graves was feeding the woman, she said: “Don’t have this
all over. I’ll ******* knife you.” Graves also verbally abused the elderly woman in the
presence of her granddaughter, who also worked as a carer. Graves withheld food from the
victim of two occasions and was recorded telling her granddaughter how she would put the
woman’s pudding down the sink instead of feeding it to her. Police were informed and she
was suspended by her employers, health care company SAGA.
Holly Betke, mitigating, said Graves was overworked at the time of the offences as she had
taken on extra shifts in a bid to pay off debt. Miss Betke added Graves was also going
through the strain of a relationship break-up at the time.
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Former railway worker's "flowery" language was not acceptable in care home
Northern Echo, 25th July 2013
A foul-mouthed care home assistant swore at a vulnerable resident because he had spent
his working life on the railways and thought it was acceptable, a court heard.
John Waite considered it the norm to use abusive language in the workplace, but the 52year-old was told by a judge that his behaviour was "utterly inappropriate". Waite, from
Thirsk, North Yorkshire, called a 65-year-old dementia sufferer "a dirty little t**t" and a
"f***ing mucky c**t" after he soiled his bed during the night. His outburst in November 2011
was reported by a shocked colleague to managers at the Beechwood nursing home in
Northallerton, North Yorkshire, and Waite was suspended. Waite was later dismissed and
later charged with a series of ill-treatment offences, although he was finally prosecuted for
only one after he admitted the swearing.
Judge Simon Bourne-Arton, QC, told him yesterday: "It requires patience and
understanding for people who are in such a position. You singularly failed to provide that. It
was completely and utterly inappropriate behaviour. You were singularly ill-equipped and
qualified to be employed in that position." Waite, of Hamnleton View, Thirsk, admitted one
count of ill-treating or neglecting a person lacking capacity at an earlier hearing. The other
charges were not pursued. He was sentenced to 120 hours of unpaid work for the
community and ordered to pay a £750 fine. He was also banned from working in any
capacity with vulnerable individuals. Jonathan Harley, mitigating, told Teesside Crown
Court: "This was not a case of Mr Waite specifically targeting him. He is simply a man who,
by his own admissions, uses flowery language, if I can put it like that. If he wasn't fully
aware of the seriousness of the situation, he is now . . . any swearing of any sort in this
particular type of environment is inexcusable."
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Care home worker jailed after leaving pensioners in their own filth
Liverpool Echo, 23rd July 2013
A Merseyside care home worker who left eight elderly dementia patients filthy and
neglected was jailed. Lindsay Kenyon, 28, “downed tools” after being passed over for a
promotion, Liverpool Crown Court heard and attempted to “sabotage” the shift at Ranelagh
Grange care home in Prescot. Janet Reaney, prosecuting, explained how night shift
workers arrived at 9pm on March 29 2011 to find the residents, aged between 80 and 100,
soaking wet and confused. She said: “They were unclean, they were unchanged and there
was an obvious and pervading smell which greeted night staff.” It took them two and a half
hours to clean and change the elderly people and put them to bed.
Miss Reaney added it was so unusual that they took pictures of the piled up laundry in case
they were not believed. She said Kenyon, a mum of two, had been angry at another
member of staff being made senior care assistant and was described by colleagues as
“overpowering” and “intimidating”, with one saying it was the most horrible shift she had
worked.
Five people faced trial last month accused of neglecting a person lacking capacity but only
Kenyon, of The Meads, Prescot, was found guilty by the jury. Miss Reaney said: “Eight
vulnerable residents aged 80 to 100 were left with their basic care needs unaddressed. The
laudable aim that their dignity and privacy be respected at all times was ignored.” The court
heard statements from family members of those affected who said it was “totally and utterly
heart breaking” and that they were “disgusted and let down”.
Judge Mark Brown said: “You willfully neglected eight residents who lacked the capacity to
care for their own needs such that by the end of the shift they were found to be a dreadful
state. It’s clear you neglected the residents on this occasion because you were angry you
hadn’t been appointed as senior care assistant for the afternoon shift. This led to your
sabotaging the shift. There was downing of tools on your part. Your conduct was quite
deliberate. In behaving as you did you must have known you were putting residents at risk.
You have shown absolutely no remorse for your behaviour.” He jailed her for eight months
and ordered she be barred from working with vulnerable people.
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Care worker found not guilty of abuse - but still gets sacked
Bolton News, 18th July 2013
A care worker accused of pinching and nipping elderly dementia sufferers has been cleared
by a jury.
During an eight-day trial at Bolton Court it was said that 29-year-old Maidi Nizeyimana had
squeezed the fingers of three male residents at the Bupa-run Millview Residential and
Nursing Home in Bridgeman Street as well as pinching the foot of an elderly woman.
The allegations were made by another care assistant, Catherine Murray, who was working
alongside Nizeyimana on the night of September 7, 2011. Mrs Murray and the defendant
were responsible for getting the residents, who all had late stage dementia, their suppers
then washing them and undressing them and putting them to bed.
Mrs Murray told the court she had seen Nizeyimana squeezing the fingers of residents and
bending their arms, leading them to cry out in pain, when they resisted taking off their upper
clothing. A female resident was also said to have had her foot nipped by Nizeyimana after
she kicked out as she was being put into bed.
Mrs Murray reported the alleged incidents to her bosses the following evening and
Nizeyimana, who was pregnant at the time, was suspended and subsequently dismissed.
Nizeyimana, of Fernstead Deane, denied the allegations, saying the incidents did not
happen, and pleaded not guilty to four counts of ill-treating or wilfully neglecting a person
without mental capacity. A jury of six men and six women spent five hours deliberating the
evidence before finding her not guilty on all counts. In a statement following the trial Bupa
confirmed Nizeyimana had been dismissed following the allegations.
Care home worker saw colleague abuse patients, court hears
The Bolton News, 10th July 2013
A care home worker has told a jury how she could “not believe” what she had seen after
witnessing a colleague abuse vulnerable dementia patients. Bolton Crown Court heard how
Catherine Murray, a care assistant at the Bupa Millview home in Bridgeman Street, was
working the night shift on 7th September 2011 alongside fellow care assistant Maidi
Nizeyimana. Nizeyimana, aged 29, of Fernstead, Deane, is on trial accused of squeezing
and nipping four residents at the home while getting them ready for bed. She denies four
counts of ill treating or wilfully neglecting a person without mental capacity.
Mrs Murray told how she and Nizeyimana were on duty at the home’s Martin House, which
caters for people with severe dementia. They had responsibility for 24 patients. Mrs Murray
said at 8.45pm they started helping the residents go to bed. The first they helped was
Bruce Metcalfe, who had late stage dementia and could not fully communicate, but was
able to walk. They walked him to his room but Mr Metcalfe was reluctant to take off his
vest, shirt and jumper.
She said Nizeyimana then took hold of his right hand, squeezing his fingers together tightly
and pushing his hand and arm up towards his shoulder. Mrs Murray added that Mr Metcalfe
appeared to be angry, hurt and in pain. Mrs Murray said she did not immediately report the
incident. She added that during the course of the shift Nizeyimana repeated the finger
squeezing and arm bending with two further residents, Leslie Shaw and Jeffrey Crompton,
who were also reluctant to take off their upper clothing. And she mentioned an incident
where wheelchair bound female resident, Marjorie Johnson, was being put into bed and
kicked out as her legs were lifted on to the mattress. Nizeyimana is said to have pinched
the top of the elderly woman’s foot causing her to call out in pain. The following evening
Mrs Murray reported the incidents to the nurse on duty. The case continues.
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Carer jailed for leaving dementia patient in bath
Yorkshire Post, 10th July 2013
A carer who unwittingly left an elderly woman with dementia to nearly drown in the bath has
been jailed for six months. Natalie Gillan, 30, was supposed to be watching 82-year-old
Doreen Graham, but left her for almost 20 minutes on her own. The pensioner suffered
brain damage when she slipped under the water at the Windsor Court care home in Goole,
and can now recognise only one of her daughters.
In a statement read to Hull Crown Court, Mrs Graham’s daughter Elaine Chart said the
family felt “deeply betrayed” by Gillan’s lies when they rushed to their mother’s bedside at
Doncaster Royal Infirmary. “When she first met us at the hospital, she tried to explain that
my mum had suffered a mini stroke in the bath which caused her to be underwater,” she
said. “Because of the explanation she gave, we allowed her to stay at hospital by my
mum’s bedside in a poignant family moment. However, we felt deeply betrayed by Miss
Gillan when she failed to tell the truth about what really happened.”
Passing sentence, Judge Mark Bury told Gillan: “The consequence of your neglect here is
serious and permanent. Mrs Graham is now only able to recognise one of her three
daughters, and communication with her is now impossible. You left Mrs Graham for almost
20 minutes unattended, in which time she slipped under her lap belt. Her head was
submerged underwater, and luckily she was discovered by another member of staff that
probably saved her life. The distress from the family is obvious in Doreen’s premature
decline. You had not forgotten where she was, and your neglect was deliberate and entirely
unavoidable. It was a clear breach of Doreen Graham’s care plan. Your career as a carer is
over, and you are remorseful and ashamed. You knew you had done wrong, and only an
immediate custodial sentence can be justified.”
The court was told Gillan, of Goole, had just finished a 12-hour shift at the care home last
November when she agreed to remain at work as a member of the night staff had not
turned up. She used a lap strap to fasten Mrs Graham into a chair which was lowered into a
bath. But despite regulations that patients must be continually supervised, she left the
bathroom to find a flannel, towels and clothing. She then became distracted by a man who
wanted his bed to be made, and at one point, stopped to speak to a colleague to complain
about the number of hours they were made to work. When an emergency buzzer rang out,
Gillan realised she had left Mrs Graham, and another carer had found her submerged
under the water with her skin turning blue.
Gillan performed CPR on Mrs Graham and called 999 before accompanying the pensioner
to Doncaster Royal Infirmary’s resuscitation unit. An examination revealed her health had
significantly deteriorated and she had suffered brain damage, which left her unable to
speak. She now needs nursing care and has been moved to a home which costs her family
almost £400 more every month. Geoff Ellis, defending, said Gillan, who has three other
convictions, including obtaining benefit by deception, accepted she was solely responsible
for the incident. “She doesn’t wish to blame anyone else, and she has showed genuine
remorse since the incident,” Mr Ellis said. “She is aware she caused significant upset to the
family, and she wants to make it clear that she is the only person involved in this.” The
court heard that eggs and rotten vegetables had been thrown at Gillan’s home since the
incident and she had had to move. Gillan, who admitted the wilful neglect of a person who
lacks mental capacity at a previous hearing, was led away from the dock in tears.
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Sacked Hesley Village carer ‘lost control’
The Star, 9th July 2013
A care worker who hit a severely disabled man he was supposed to be looking after has
escaped a prison sentence. Callum Smith has been ordered to do 250 hours of unpaid
work after punching a 28-year-old man in his care four times at the Hesley Village care
facility in Rossington.
The 24-year-old, of West End Lane, Rossington, must also obey a 7pm to 7am curfew for
12 weeks. Robert Sandford, defending at Doncaster Magistrates’ Court yesterday, said:
“On the day in question the victim, who suffers from a severe disability, was displaying very
challenging behaviour to those entrusted in caring for him. He had been spitting, he kicked
through a door to another resident’s flat and entered.
He threw a mobile phone at a wall and he threw a mug, narrowly missing the defendant.
The defendant should have been able to deal with that but there was a momentary loss of
control.”
The incident occurred on September 28 last year at Hesley Village, a residential care
facility for people with autism and other complex needs. The victim was uninjured. Mr
Sandford added: “The defendant has never before been in trouble with the law. He had,
prior to this, worked in the area of caring for people for some four years. He has been
dismissed from that employment. His career in that field has come to an end.”
Sentencing, lead magistrate Vernon Hoyle said: “We do take account of your previous good
character and we do take account of your very challenging working environment that you
have to contend with. However, this doesn’t in any sense justify striking a vulnerable
person in your care.” Smith must also pay a victim surcharge of £60, costs of £150 and
compensation of £50.
Afterwards, Chris McSharry, CEO of Hesley Group, said: “We are extremely sorry that this
has happened to someone using our service. We suspended Callum Smith immediately on
the allegations being made and referred the matter to the police and the local Adults
Safeguarding Team. Smith was subsequently dismissed from employment.”
Carer abused special needs man at care centre
The Star, 21st June 2013
A worker in a Doncaster care facility for young people with autism has been convicted of
abusing a man he was supposed to be looking after. Callum Smith, of West End Lane,
Rossington, appeared at Doncaster Magistrate’s Court on Tuesday, June 18, and was
found guilty of the charge of ill treatment of a 28-year-old man he was caring for at Hesley
Village in Rossington. The 24-year-old was convicted of ill treatment of a person lacking
capacity under section 44 of the Mental Capacity Act, while he was employed at the
residential centre for people with autism and other complex needs.
On Friday, 28 September, 28 2012, Smith was seen by a colleague to punch the man four
times in the head. The man did not suffer any injuries and Smith was arrested.
DC Nichole Russell investigating said: “Smith abused the trust and authority he was given
and took complete advantage of his position, treating the man he was caring for with no
respect and no consideration for the detrimental effects of his actions. I am pleased he has
been found guilty and would always encourage people to report any incidents of this nature
to the police.”
Chris McSharry, chief executive of the Hesley Group, said: “We are extremely sorry that
this has happened to someone using our service. We take any allegations of abuse and
unprofessional conduct extremely seriously and operate a zero tolerance policy. We
suspended Callum Smith immediately on the allegations being made and referred the
matter to the Police and the local Adults Safeguarding Team. Smith was subsequently
dismissed from employment with Hesley Group.
The Hesley Group is committed to the safety of the people in our care. Smith, like all of our
employees, was subject to rigorous pre-employment checks, including a Disclosure and
Barring Service assessment, in accordance with our regulatory requirements. We have
internal procedures in place that are reviewed regularly to ensure our staff have the right
values and approach to maintain high standards of care.”
South Yorkshire Police and Crime Commissioner, Shaun Wright said: “This is disgraceful
treatment of someone who was under this man’s care and cannot be tolerated. I’m only
glad that the victim wasn’t seriously injured in the assault. Anyone witnessing a similar thing
happening should always contact the police immediately.”
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Shrewsbury care home nurse cleared of neglect
Shropshire Star, 6th July 2013
A Filipino nurse has been cleared of neglecting elderly and vulnerable residents at a care
home in Shropshire by failing to ensure they took their daily tablets. Cielito Torres signed
documentation saying 10 residents at Ottley House Care Home in Shrewsbury had taken
their medicine during a night shift she worked on May 14 last year. But suspicion was
aroused after nurses on the following shift found a handful of tablets which were the same
as those that should have been given to residents in a pharmaceutical bin.
Ms Torres, 53, of Greenfield Street, Shrewsbury, denied 10 charges of ill-treatment or
neglect of residents and claimed she had found the tablets on the floor before putting them
in the bin. She insisted she had administered the medication. And at Shrewsbury Crown
Court yesterday a jury found the nurse not guilty on all 10 counts. The court heard Torres
worked full-time at the care home until March 2011, left, then retuned as a bank nurse in
March last year, working three shifts a month.
I made mistakes, Shrewsbury care home nurse tells court
Shropshire Star, 5th July 2013
A nurse who denied neglecting elderly and vulnerable residents at a care home in
Shrewsbury “made mistakes,” a court has heard. Cielito Torres said she should not have
signed forms saying 10 residents at Ottley House Care Home in Shrewsbury had taken
medication she had provided during a night shift. Staff on the following shift found tablets in
a bin that were the same of those that should have been given to the residents.
Filipina Torres, who spoke through a translator, admitted to Shrewsbury Crown Court she
had made mistakes by signing the forms, but insisted she did not throw the tablets away.
Torres, 53, of Greenfield Street, Shrewsbury, denies 10 charges of ill-treatment or neglect
of residents by failing to administer medicine at the home. She was questioned by Mr Ian
Ball, prosecuting, yesterday. Mr Ball asked her if she accepted there were some breaches
of procedure during her night shift and she replied yes.
Catherine Smallman, a carer who has worked at the care home in a number of roles for 13
years, told the court she witnessed some of the residents take the tablets given to them by
Torres.
Torres had previously told the court that residents had taken their medication and claimed
that she had found them on the floor in the clinical room at the home. She later told police
she had also found four green tablets in two separate corridors at the home on the same
night and also placed them in the bin, the court heard.
She told the court some residents could be difficult or aggressive when it came to trying to
get them to take tablets, but that if that happened she would always return later in her shift
to try again. Judge Robin Onions said he would begin summing up the case today. Ottley
House Care Home, which is based on Corporation Lane in Coton Hill, provides 24-hour
nursing care alongside expert care for people with dementia. On May 14 last year there
were 62 residents – 31 of which were in the elderly mentally infirm unit where Torres was
working. The trial continues.
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Carer in court
Henley Standard, 1st July 2013
A care worker accused of mishandling a client has been given an 18-month conditional
discharge. Jean Stevens, 48, of Luker Avenue, Henley, was charged with ill-treatment /
neglect of a vulnerable adult at the Chilterns End care home in Greys Road in May after
claims she forced a resident to get changed for bed. Stevens was also ordered to pay £50
costs when she appeared at Oxford Magistrates’ Court on Friday.
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•
Ex-Leeds care home worker on abuse charge
Yorkshire Evening Post, 12th June 2013
A former employee at a Leeds care home for elderly people with dementia is facing a
series of criminal charges over the alleged abuse of residents. Christopher Horncastle
has been charged with five counts of ill treatment or wilful neglect of residents at Vivian
House in Morley. The 40-year-old, of Morley, is due to appear at Leeds Magistrates’ Court
for a preliminary hearing next month.
A West Yorkshire Police spokesman said: “Christopher Horncastle has been charged with
five counts of ill treatment or wilful neglect under section 44 of the Mental Capacity Act
2005. It follows an investigation into allegations relating to Vivian House, Brunswick Street,
Morley.” He is due to appear at Leeds Magistrates’ Court on Wednesday, July 10.
Vivian House, on Brunswick Street, Morley, is a privately run facility registered to provide
care and support for as many as 32 people with dementia over the age of 65. Run by Yorkbased company W and S Red Rose Healthcare Ltd, the home last received an
unannounced inspection by the Care Quality Commission (CQC) last November and met
all required standards. As reported in the YEP last month, a police investigation was
launched following alleged incidents involving at least one elderly resident, believed to have
taken place between November last year and February this year.
A wider safeguarding inquiry has also been launched into the home involving West
Yorkshire Police, Leeds City Council and the CQC. Such inquiries are standard procedure
when criminal allegations are made. No-one else is implicated in the abuse claims and the
home is understood to be operating as normal.
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Women up for trial on care home allegations
Hayling Islander, 12th June 2013
A trial date has been set for four women accused of ill-treating an elderly woman in a care
home. As previously reported in The News, the women were all staff at Pear Tree Lodge, in
Hayling Island. They are accused of ill-treatment and wilful neglect of a 75-year-old woman
at the home, contrary to the Mental Capacity Act 2005.
Amy Marie Byrne, 26, of Seafront, Hayling Island, Katie Middleton, 31, of Quarely Road,
Havant, Carol Shann, 60, of Bramdean Drive, Leigh Park, and Marie Abolins, 55, of
Harwood Place, Winchester, will stand trial at Portsmouth Crown Court from November 4.
The offences are alleged to have taken place between September 27 and October 3 last
year at the care home, in Beech Grove. They appeared at the Portsmouth Crown Court on
Monday where they each pleaded not guilty to the charges against them
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•
Carer jailed for slapping 94-year-old dementia sufferer in Trentham home
The Sentinel, 5th June 2013
Carer Gareth Williams has been jailed after hitting a vulnerable 94-year-old care home
resident. The 26-year-old slapped the dementia sufferer in his chest before yanking his arm
with such force that he shouted out in pain. Williams was sacked following the incident at
New Park House, in Trentham, in April, 2012. It has since emerged that Williams had
earlier been sacked from Southlands Care Home, in Blythe Bridge, after concerns were
raised over his conduct. Williams had already been spoken to, over his care of a female
resident at New Park House before he hit his victim.
Now Williams has been jailed for 18 weeks after admitting ill treatment or neglect of a
person who lacks capacity. Stoke-on-Trent Crown Court heard Williams was caring for the
resident – who had a history of lashing out – with a female colleague when he lost his
temper. Prosecutor Neil Ahuja said: “The defendant used his left hand to slap the man
below his left collarbone, which made a hollow noise on his chest. The man swung his left
arm towards the female care worker. The defendant grabbed the man’s left arm, grabbed it
back towards the left side of the pensioner’s head, causing him to shout in pain. The
defendant carried on as if nothing had happened.”
The care worker reported the incident to managers and Williams was sacked from the
Chivelstone Grove home. Saleema Mahmood, mitigating, claimed the care home was not
adequately staffed and the pressure on staff was ‘considerable’. Miss Mahmood said: “The
incident was not prolonged. There is an argument that what he did was to overstep the
mark.” She added: “He acknowledges there are two very different sides to him. He is caring
but also has a tendency to be perceived as aggressive.”
Judge Paul Glenn said the offence was so serious only an immediate prison sentence
could be justified. Judge Glenn said: “The job of a carer can be very difficult. But this
occurred after you had already been spoken to in respect of your care of a female resident.
It was not proceeded with but it should have been a shot across the bows to you. You
weren’t new to this line of work. It was an unpleasant offence committed against a highlyvulnerable victim incapable of making any complaint. He is entitled to be treated properly,
with respect and dignity. Plainly you are unfit to be a carer.”
A spokesman said: “When the appalling allegations against this young man were brought to
the attention of the management, he was immediately dismissed and has never been
permitted to return to the home. The management informed social services for the police to
carry out a thorough investigation. We are grateful for the continuing dedicated and vigilant
care staff who will continue to ensure service users are treated with dignity, kindness and
respect at all times.” Investigating officer, DC Mark Burslem, said: “Staffordshire Police is
committed to protecting vulnerable people. We welcome today’s custodial sentence and will
not tolerate or accept this kind of treatment of an elderly person.
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Driver who left woman with dementia on bus not guilty
BBC News, 17th May 2013
A council driver who admitted being distracted when she left an 88-year-old passenger
locked on a minibus all night has been cleared of neglect. Luton Crown Court heard Joan
Cook, who suffers dementia, spent 14 hours trapped on the bus in a depot without food or
water. Susan McLaughlin said she "felt sick" when she found her still in her seat when she
came in to work the next day. Mrs McLaughlin had denied neglect. She earlier told the
court: "I felt bad, I felt sick and I was shaking. I couldn't believe she was still on the bus."
Her job on the afternoon of 29 April last year was to collect two people from Hockwell Ring
Day Centre. She took Margaret Harkin home and Mrs Cook was three rows behind the
driving position. She told the court she found herself thinking about a lost child who had
been reported missing on a radio bulletin and turned towards the depot instead of the
woman's home address. After completing her paper work, she got off the bus, locked it with
Mrs Cook still inside and then handed the keys in at the office before going home. She
denied neglect, contrary to Section 44 of the Mental Capacity Act 2005. Outside court one
of Mrs Cook's four daughters, Ann Holloway said: "We are very disappointed. It seems an
open invitation now to forget someone on board the bus because nothing will happen.
Anyone can turn round now and say I am sorry I forgot." Mrs McLaughlin's father Tom
Stevens, who was in court for the verdict, said: "She lost her job over this and she is still
stressed out by what happened. She won't leave the house. But we want to thank the jury."
•
Disabled patients abuse: Two Solar Centre carers guilty
BBC News, 17th May 2013
Two care assistants have been found guilty of mistreating severely disabled patients in
their care. A jury heard that people attending the Solar Centre at St Catherine's Hospital in
Doncaster were abused and tormented by James Hinds and Susan Murphy.
Hinds, 59, was found guilty of 10 counts of ill-treatment and Murphy, 43, was found guilty of
15 counts. Care assistant, Julie Burge, 48, and physiotherapy assistant Michael Barnard
were cleared of all charges.
Judge Rosalind Coe told Hinds and Murphy they will be sentenced on 14 June. She said:
"You are both fully aware that custodial sentences are the likely outcome." Hinds was
acquitted of a further nine charges and Murphy was cleared on five counts after the jury
deliberated for two days. Both were given conditional bail but were remanded in custody
until their passports could be brought to the court and surrendered, as the judge heard they
had been living in Spain.
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•
Camborne care home worker Fiona Salmon jailed for abusing patients
This is Cornwall, 10th May 2013
A former care home worker has been jailed after abusing vulnerable residents at a nursing
home. Fiona Salmon, 40, of Fore Street, Camborne, was handed a nine-month prison
sentence at Truro Crown Court today at 2.45pm.
She was found guilty earlier this year on seven counts of ill-treating or neglecting residents
suffering from insufficient mental capacity at Cornwallis Care Services’ nursing home in St
Ives. She used physical and verbal violence against residents suffering from dementia
between June 1, 2011, and January 25, 2012. The trial heard how she had sat on the legs
of vulnerable patient June Pope and sprayed deodorant in the face of frail elderly residents.
Philip Lee, for the prosecution, said other offences varied from slapping and rough
handling, to calling elderly residents names such as a “dirty b***h” and telling them their
breath stank of dog mess.
Colleague Joanna Clarke witnessed most incidents, including Salmon washing a resident’s
face with a flannel so hard it caused a nosebleed, squeezing talcum powder into a woman’s
face and calling her a “grubby b***h”. Miss Clarke also told the court Salmon flung a
resident on her bed so hard she hit her head on a metal railing and pinched a patient’s
upper arm. Fellow assistant Stephanie Fielding said she saw Salmon digging her nails into
a patient’s skin. Salmon admitted that as a “stockier” person she had more strength than
her colleagues but she decisively denied using foul language, telling a patient her breath
stank of dog mess and other claims.
Camborne care home worker Fiona Salmon breaks down in tears
West Briton, 21st March 2013
A former care worker has been told to expect a jail sentence after abusing vulnerable
residents at a nursing home. Fiona Salmon, aged 40, of Fore Street, Camborne, was found
guilty on all seven counts of ill-treating or neglecting residents suffering from insufficient
mental capacity at Cornwallis Care Services' nursing home in St Ives. She was on trial for
using physical and verbal violence towards residents suffering from dementia between
June 1, 2011, and January 25, 2012.
On Thursday last week, following a four-day hearing, Judge John Neligan told Salmon to
expect to be jailed when she was sentenced on 10 May 2013.
The trial at Truro Crown Court heard how Salmon had sat on a vulnerable patient's legs
and sprayed deodorant into the face of a frail elderly resident. Philip Lee, for the
prosecution, said other offences varied from pinching, slapping and rough handling to
calling elderly residents names such as a "dirty bitch" and telling them their breath stank of
dog mess. Most of the incidents were witnessed by fellow healthcare assistant Joanna
Clarke, who worked night shifts with Salmon. She saw Salmon washing a resident's face
with a flannel so hard that it caused a nosebleed, squeezing talcum powder into a woman's
face and calling her a "grubby bitch".
Miss Clarke also told the court Salmon flung a resident on to her bed so hard she hit her
head on a metal railing, pinched a patient's upper arm and sprayed deodorant in her face.
The court also heard from fellow care assistant Stephanie Fielding who witnessed Salmon
digging her nails into a patient's skin, sitting on a frail resident's legs for up to ten minutes
and telling a patient that her breath smelt like dog mess.
Salmon broke down in tears in the witness box on Wednesday as she told the jury of nine
women and three men: "I did not shout at the residents." She did however admit some
responsibility for some of the incidents but claimed them all being accidents. Talking about
the deodorant spraying incidents, she said: "One morning about 7.30am after washing a
patient we (Salmon and another healthcare assistant) were laughing about something and I
must have accidentally sprayed deodorant on his bald head and not under his arm. but I did
not do it on purpose, I was distracted and I accept it was an accident. I was not paying
attention to what I was doing and when I got home I realised I had done wrong."
Salmon also admitted being a 'stockier' person and having therefore more strength than her
fellow care assistants. She insisted on apologising to patients if she, for example, moved
them too quickly, but vigorously denied using foul language, telling a patient that her breath
stank of dog mess and making other comments of a sexual nature in front of residents.
She said: "Those comments are just sick and I never used those words." She also told the
court she liked the residents and got on well with staff. Salmon said she did not know why
she was accused of ill-treating patients and said the allegations started shortly after she
had been offered day shifts.
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•
Bromley man jailed for ill-treating and assaulting patients at Bickley care home,
News Shopper, 22nd April 2013
A Bromley man has been found guilty of neglecting, ill-treating and, on one occasion,
assaulting elderly and mentally-ill patients at a care home in Bickley. Mark Harwood, aged
44, of Howard Road, Bromley, was sentenced to 15 months in prison by Judge Glen
Brasse at Croydon Crown Court last week (April 18). The incidents took place when
Harwood was working as a care assistant at Lauriston House Care Home, Bickley Park
Road, between February 1 and August 12 of last year.
Prosecuting lawyer Matthew Farmer told the court how the charges against Harwood
concerned three patients, Molly Gravenell, Kathleen Hill and Frank Lord. Mr Farmer told the
jury of an incident concerning Mr Lord, who suffers from partial paralysis and impaired brain
function after a stroke. He said: "Frank was on the bed, and Mark was moving him around
quite aggressively, throwing his arm around. Frank was screaming in pain. "Mark said: 'He
is just an idiot. He is paralysed, how can he feel pain? He is just a drama queen.' He said to
him: 'Don't try to f*** me or I will f*** you back. You are f***ing useless.' Then he pulled
Frank up and slapped him really hard on the stomach."
Harwood received 10 months concurrently for three counts of ill-treating patients and two
counts of willful neglect. He received a further five months for assault. Harwood denied all
the charges
Bromley man accused of 'shouting, swearing at and hitting' patients at care home
News Shopper, 16th April 2013
A Bromley man shouted, swore at and, on one occasion, hit elderly and mentally ill patients
at a Bickley care home, a court has heard. Marc Harwood, 44, of Howard Road, Bromley, is
accused of three counts of ill treating and one of assaulting patients when working as a
care assistant at the Lauriston House Care Home in Bickley Park Road. Prosecuting lawyer
Matthew Farmer told Croydon Crown Court that Niluka Ralalage, also a care assistant at
the home, went to social services when she no longer knew what to do about Harwood's
behaviour. The charges brought against Harwood concern three patients, Molly Gravenell,
Kathleen Hill and Frank Lord. On one occasion Harwood was in the bedroom of Mr Lord,
who suffers from partial paralysis and impaired brain function after a stroke, when Miss
Ralalage entered. Mr Farmer said: "The bedroom door was closed, and Miss Ralalage
came in. Frank was on the bed, and Mark was moving him around quite aggressively,
throwing his arm around. Frank was screaming in pain. Mark said: 'He is just an idiot. He is
paralysed, how can he feel pain? He is just a drama queen.' He said to him: 'Don't try to f***
me or I will f*** you back. You are f***ing useless.' Then he pulled Frank up and slapped
him really hard on the stomach."
Mr Farmer told the jury of a similar incident concerning Mrs Hill, who suffers from dementia
and is paralysed following a stroke. He said: "When Niluka went to Kathleen's bedroom the
door was closed. "She had had an accident and was lying on the ground and Mark was
shouting at her. "He said: 'Look at this f***ing woman, look at what she has f***ing done.'
"He was making hand movements which implied sex and saying: 'I am going to f*** you, I
am going to f*** you.' "Kathleen was crying and saying she was sorry. She was shaking."
Concerning Mrs Gravenell, who suffers from dementia and has one leg, Mr Farmer said:
"On one occasion, Molly was being hoisted from her bed. Mark was getting angry with her
for not bending her leg. He shouted at her: 'Bend your b***** leg, bend your b***** leg you
idiot.' "He told her: 'You're useless. All you do is eat and sleep.' "Molly had tears in her
eyes."
The incidents took place between February 1 and August 12 of last year. Harwood denies
two counts of wilful neglect, in addition to the three counts of ill treating patients and one
count of assault by beating. The trial continues.
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'Negligent' nurse Parulben Patel spared jail after leaving man to die
Kent Online, 18th April 2013
A nurse who failed to resuscitate a care home resident after he suffered a heart attack has
been punished with 100 hours’ unpaid work. Parulben Patel, who has been suspended
and will no longer be allowed to work with vulnerable patients, was spared jail. The single
mother, 39, of Station Road, Longfield, last month denied ill-treatment or neglect of a
person who lacks capacity, but was convicted. A jury heard how Patel refused to perform
CPR on John Rudderham, 90, at Hazelwood Nursing Home in Longfield. Mr Rudderham
would have died anyway, but Patel - who was the nurse in charge - did not know that at the
time, said a judge. The prosecution said Patel failed to give him CPR, despite being fully
trained in the procedure and the home having a policy that it should be carried out if the
resident did not have a "do not resuscitate" order.
Judge David Caddick said the fact that performing CPR on the patient would have been in
vain did not excuse her wilful neglect, adding: "It could have been otherwise and the
consequences of your wilful neglect would have been much more serious. In that case, the
court would be taking a much more serious view of your offence." Mark Dacey, defending,
said Patel came to the UK in 2003 and qualified as a nurse in 2005. Her work in the caring
profession had been impeccable. Mr Dacey said: "She has now lost her good character.
She is currently suspended. The nursing council will have to deal with this matter."
Judge Caddick said the maximum sentence for the offence was five years’ imprisonment,
but he did not consider Patel’s case warranted jail. "You neglected to do your duty," said
the judge. "Why you neglected to do so, you never made clear. It was a conscious decision
by you. Your suggestion that the patient started breathing again and was breathing when
the ambulance arrived was plainly wrong." A clinical adviser had repeated several times on
the telephone that CPR should be performed on the patient immediately. Three times Patel
stated she was not allowed to do so. "You are allowed to do so, indeed you are trained to
do so," said Judge Caddick. "Your professional code required you to do so."
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For details regarding the Mental Capacity Act and the Deprivation of Liberty Safeguards,
staff should access the Suffolk County Council Mental Capacity website which
includes; guidance documents, policies, booklets and links to other sites
www.suffolk.gov.uk/mca
Dominic Nasmyth-Miller
Adult Safeguarding Manager
MCA and the Deprivation of Liberty Safeguards
www.suffolk.gov.uk/mca
09 September 2013