News Criminal Regulatory 26th Sep 2016

David Whittaker acts for care-home company prosecuted under new regulations following death of patient

David Whittaker appeared at Telford Crown Court this week representing care-home company, Coverage Care Services, who operate 14 care-homes in and around Shropshire.

Coverage Care Services were involved in a prosecution brought by the CQC for an offence contained within Regulation 12(1) and 22 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 following the death of a patient in one of its care homes. These offences came into effect on 1 April 2015 and it is understood that this was the second prosecution under the Regulations.

The allegations were brought following the death of Dennis Wootton at the Berwick Road care-home back in April 2015. His death was referred to the coroner as errors with the administration of his medication had been identified.

David said the company “genuinely felt sorrow” for the death of Mr Wootton. He added: “This company prides itself on providing the best service to its users. It never takes its failings lightly, and it has made efforts to ensure the failings are not repeated in future.”

District Judge Nigel Cadbury, passing sentence, commented “The professional opinion of a pharmacologist was that it could not be said failure to give medication caused the death, the failures of the company did not cause Mr Wootton’s death, but the failures did expose him to significant risk which could have been fatal.”

David was instructed by Christopher Newton of BLM.

Categories: News