A care provider has been ordered to pay £125,745.87 at High Wycombe Magistrates’ Court, following an incident which led to a 92-year-old woman being assaulted by another person living at the service whilst she was nursed in bed. This led to her being hospitalised and requiring treatment for her injuries.
Sunrise Operations Esher Limited which runs the Sunrise of Esher location in Esher, Surrey, was fined £100,000 in court yesterday (Tuesday 10 November 2020).
The company pleaded guilty to two charges firstly failing to provide safe care and treatment, resulting in avoidable harm to Eileen Traynor while she was resident at Sunrise of Esher care home.
The company also pleaded guilty to failing to provide safe care and treatment exposing other people living in the service, to a significant risk of avoidable harm. Sunrise of Esher is a care home for people needing nursing or personal care.
As well as the £100,000 fine, the court also ordered Sunrise Operations Esher Limited to pay a £170 victim surcharge and £25,575.87 costs as a result of the prosecution brought by the Care Quality Commission (CQC).
Sunrise of Esher notified the CQC on 12 June 2016 that an elderly male person living with dementia in the service had assaulted Mrs Eileen Traynor with his zimmer frame whilst she was in bed. Mrs Traynor was extremely vulnerable and was nursed in bed. Her underlying frailties meant she would have struggled to defend herself or call for assistance.
As a result of the attack Mrs Traynor sustained injuries that required her to go to hospital. The gentleman who assaulted Mrs Traynor was removed from the service during this time. Ms Traynor returned to Sunrise of Esher location in June 2016. Mrs Traynor sadly died on 22 November 2016, however her death was not as a result of her injuries suffered in the incident charged.
Debbie Ivanova, CQC’s Deputy Chief Inspector for Adult Social Care, said:
“This is a very distressing case and clearly Mrs Traynor did not get the safe care she was entitled to. I would like to offer my heartfelt condolences to all of those affected by Mrs Traynor’s death.
“Mrs Traynor and her family had every right to expect good, quality care and we welcome that the provider has accepted full responsibility in this case.
“It was the serious failure of the home to protect people from avoidable harm that led to CQC’s prosecution of the provider. In their role as provider Sunrise of Esher Operations Limited had a specific legal duty to ensure care and treatment was provided in a safe way. We found they had failed to do this by not ensuring risks had been fully assessed and measures were not in place to prevent harm to Mrs Traynor. I agree with the judge's view that “this was terrible event waiting to happen.”
“We appreciate how distressing this has been for Mrs Traynor’s family and we hope this case prompts other care home operators to review the care they provide to ensure people’s safety.
“Where we find any care provider has put people in its care at serious risk of harm, we will take action to ensure that people are safe and hold providers to account.”
ENDS
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Sunrise of Esher care home
We hope this case prompts other care home operators to review the care they provide to ensure people’s safety.
Debbie Ivanova, Deputy Chief Inspector for Adult Social Care