Care provider prosecuted

Published: 14 June 2016 Page last updated: 12 May 2022
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St Anne's Community Services has been fined £190,000 by Bradford Magistrates’ Court for failing in its duty to provide safe care and treatment.

We brought the prosecution following the death of Mr Kevin McNally at a nursing home in Smithies Moor Lane, Birstall, West Yorkshire.

The registered provider, St Anne’s Community Services, based in Leeds, pleaded guilty to an offence of failing to provide safe care and treatment resulting in avoidable harm to a service user.

Mr McNally broke his neck in a fall from a shower chair while he was loosely strapped in - the risk of people sustaining injuries because safety or posture belts were not used or adjusted properly was well known.

Debbie Westhead, Deputy Chief Inspector of Adult Social Care, said: "St Anne’s Community Services failed in its duty to ensure that care and treatment was provided in a safe way, and as a result Kevin McNally died. It is a tragedy which need not have happened."

When serious incidents occur, we now have additional powers to hold providers to account in the courts.

Debbie Westhead, Deputy Chief Inspector of Adult Social Care