Fines and prosecutions Care home companies fined for fire failings


GOLD CARE Consultancy Ltd (GCC) has been fined over £100,000 for breaching fire safety regulations, after a pensioner died in a care home in London; while Newgrange of Cheshunt Limited pleaded guilty to five breaches following the deaths of two residents. London Fire Brigade (LFB) reported


on the prosecution of GCC at Southwark Crown Court, specifically relating to a fire in January 2015 at Wood House Care Home in Tooting. Staff were undertaking night time checks when they heard cries for help from resident Rosina McDonald and found a fire in her room. She died, however, having suffered severe burns. Investigators from LFB discovered a


range of ‘serious fire safety concerns’, including that the fire risk assessment was ‘outdated and overdue for review’. It did ‘not adequately’ reflect either the premises or the no smoking policy, referring to a smoking room ‘which no longer existed’, and it did not consider the ‘risk posed by individual smokers’. After Mrs McDonald suffered


a stroke in 2012 and ‘severe cognitive impairment’, health professionals noted that she was ‘at risk of being disorientated’ and also, inspectors discovered two modified lighters in her room, which had allowed for larger flames and ‘may not have extinguished [...] when released’. She had also been prescribed emollient cream, which contained 50% flammable ingredients. LFB has warned about such creams, particularly for vulnerable people ‘who smoke and have mobility issues’, because a small spark can ‘quickly lead to a serious blaze’ if emollients seep into dressings, clothing and bedding, presenting a ‘real concern’ for those ‘less able to escape’ a fire. At Southwark Crown Court, GCC pleaded guilty to two offences under the Regulatory Reform (Fire Safety) Order 2005 [FSO], and was fined £90,000 plus £15,000 prosecution fees, the home having ‘closed shortly after’ the fire. Dan Daly, assistant commissioner


for fire safety at LFB, stated: ‘The fire risk assessment did not adequately reflect the fact that Mrs McDonald was at serious risk in the event of a fire.


any risk’. It expressed ‘profound regret that someone in their care should be harmed, let alone lose their life’. No evidence was offered in relation to charges against director Nicholas Meyer and registered care home manager Alison Wood. In sentencing, the judge had


She was a resident who smoked and had severe cognitive impairment. Not only did she have lighters, but also flammable ointments applied to her skin. ‘These were serious breaches of


fire safety and measures to safeguard the wellbeing of this resident could have been put in place easily and quickly and at little cost. Carers need to look at the individual needs of the people they look after and incorporate fire risk into the care planning process. A person centred fire risk assessment is essential. If this had been in place then this tragic case could have avoided.’ Hertfordshire County Council


reported on the prosecution of Newgrange of Cheshunt Limited, after two residents died in a fire at the Newgrange Care Home in April 2017. An electrical fault caused the fire, which spread to the roof space. The home housed 35 elderly residents, 30 of whom were ‘not independently mobile’ and five of whom were more than 100 years old. Hertfordshire Fire and Rescue Service (HFRS) rescued 33 residents, but Daphne Holloway and Ivy Spriggs died. Newgrange admitted five counts


of breaching fire safety, which ‘each involve an admission that they breached their duty imposed by fire safety law’. The breaches were ‘such that they put the residents of the care home at risk of death or serious harm’. In mitigation, the company stated that it had a ‘mature and industrious’ approach to fire safety, and that there were no previous warnings to ‘indicate


taken into account the guilty plea and that there were no previous convictions, and accepted that before the fire there had been a good health and safety record. However, he also pointed to the ‘complete failure to consider or concentrate’ on resident safety ‘ as opposed to the safety of employees’. He sentenced the company to


pay a £175,000 fine and £170 victim surcharge, and they will also have to pay ‘reasonable prosecution costs’, although those are ‘subject to further negotiation’. Daryl Keen, chief fire officer for HFRS,


commented: ‘Our thoughts remain with the families of the victims of this terrible tragedy and today’s judgment hopefully goes some way towards easing their suffering. ‘Our fire crews worked extremely


hard on that morning and successfully rescued many of the residents, but it still weighs heavy that we were unable to save two of them. I would also like to place on record my thanks to Hertfordshire Constabulary for their assistance both during the incident and subsequent investigation. This incident highlights the need for all business owners to ensure they fully comply with fire safety legislation.


‘If enough competent staff had


been present and properly trained to carry out long-established and recognised guidance on evacuations in a care home, I am sure that a full evacuation would have been started long before our arrival. Evacuation of a care home is a difficult task and needs to be properly considered and practised so that everyone can escape unharmed. ‘We continue to advocate the fitting of sprinkler or other fire suppression systems, particularly to any building where the occupants suffer from mobility issues.’


www.frmjournal.com JUNE 2019 15


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