Care home fined £1.6m after woman freezes to death
THE owners of a York care home where a 91 year-old woman died of hypothermia have been handed a “significant” fine of £1.6m.
The Maria Mallaband Care Group was taken to court by Harrogate Borough Council following the death of the resident at their Oaklands Country Rest Home at Kirk Hammerton.
On 4 November 2012, the unnamed resident was rushed to Harrogate Hospital after being found at temperatures of 25.3°C rather than the normal average body temperature of 37°C. She died that night of hypothermia.
A November 2015 inquest found that there was a failure to provide basic care for the patient who had dementia and was consequently unable to make decisions about temperature regulation in her room. She had been in hospital a week previously and staff had not updated her care plan.
An investigation by Harrogate Borough Council found that there had been a problem with the heating system at the care home and on the day of her death the resident had not been provided with any hot food or a hot drink.
Maria Mallaband Care Group Limited was fined £1.6m and York Crown Court ordered the company to pay Harrogate Borough Council’s costs of £45,560 after pleading guilty to one offence of the Health and Safety at Work Act.
Tony Moule, the environmental health officer at Harrogate Borough Council who conducted the investigation said: “Our investigation revealed that there were a number of serious failures with regard to health and safety legislation. These are in place to ensure the wellbeing of care home residents and we welcome the court’s decision to impose a significant fine.
“No fine can ever compensate the family for the loss of their mother in such shocking circumstances. For an elderly vulnerable person to suffer hypothermia, whilst in bed in her room under the care of a national care provider, beggars belief.
“Care homes must take their responsibilities seriously and Maria Mallaband Care Group Limited failed in its duty of care. We hope that this case sends out a message which will help to ensure that such events don’t happen in the future.”
Following sentencing, David and Anthony Barritt, the sons of the deceased said: “We would like to extend our thanks to Tony Moule and his team from Harrogate Borough Council for their hard and detailed work which resulted in this case finally being brought to court. Throughout the proceedings they have liaised with us in a very helpful and sympathetic way.
“The last four years have been very hard for the family, coming to terms with the tragic circumstances of mum’s death from hypothermia. It is hard to believe that an elderly lady with dementia could be treated in such an appalling way in a care home that claimed to specialise in the care of such vulnerable people.”
