News
10:31, 22/11/2024
During the inspection at St Margaret’s Care Home, the Care Quality Commission found nine breaches of regulation including concerns around people’s safe care and treatment and meeting nutritional and hydration needs.
Inspectors found that unnecessary restrictions were in place, preventing residents from going out for a walk or even into the garden. Meanwhile, some residents had started smoking due to boredom and a lack of meaningful activities to take part in. Another resident with diabetes, had said they were comfort eating as there was nothing to do.
Concerns were also raised about financial abuse allegations and staff members’ lack of knowledge to recognise the signs. Additionally, inspectors said it was a worry that the home was undergoing renovations, but a risk assessment had not been completed.
Since the inspection, CQC has cancelled the home’s registration to prevent them from providing these services. This is always a last resort, when other measures haven’t been successful in supporting a provider to improve.
Sheila Grant, CQC deputy director of operations in the north, said:
“When we inspected St Margaret’s Care Home, it was concerning to see a lack of strong leadership, and a culture that didn’t encourage high-quality care. This meant people living at the home weren’t receiving safe, dignified or person-centred care.
“Staff didn’t have adequate training to recognise the signs of abuse. We identified several safeguarding concerns that staff hadn’t dealt with to keep people safe and protected from harm, including allegations of financial abuse. This is unacceptable and people living at St Margaret’s deserve a better standard of care in a place they call home.
“Leaders hadn’t created a safe environment for people to live in. The home was under renovation, but there weren’t any risk assessments in place to keep people safe while this happened.
“Also, we found a bolted fire door, which had been identified in a health and safety audit dated March 2024. However, managers hadn’t taken any action to resolve this which put people at risk if there was a fire.
“We’ve taken action against St Margaret’s Care Home, to prevent them from operating. Taking this action is always a last resort when other measures to support a home to improve hasn’t been successful.
“We understand the distress this can cause to people living at a home, and their loved ones, but we believed people were at serious risk of coming to harm if we didn’t take this action. We will be monitoring the home closely whilst it supports people moving to alternative services.”
Inspectors found:
Care homes are supposed to be a place of comfort, care and good quality of living for the elderly and more vulnerable in our society. These homes can be run by a variety of providers, either by the local authority or ever increasingly popular private companies.
Unfortunately, it can be the case that within these care homes, there is a serious lack of care being provided, as a result of underfunding, inadequate policies or staffing in place. In some cases, even because of staff members abusing their positions of power.
These cases are traumatic for both the victim and their family. In order to hold those accountable, it is important to make a claim for care home abuse as soon as possible.
The victim of the negligence can bring about a claim in their own right. However, it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed away.
In such circumstances, a claim can be brought on their behalf either by an appropriate person or a friend if the victim is still with us. If the victim has passed away it can be brought by the executor of the estate or a surviving dependent if the victim.
Our specialist team will be able to discuss whether you have a right to bring about a claim – so if you or a loved one have been affected, do not hesitate to contact us.
Claims of this nature are subject to a three-year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.
In cases involving deceased victims, this limitation period commences from the date of death.
The law surrounding limitation periods is complex. Our specialist team will be able to advise further.
Given the complexities involved in pursuing a Clinical Negligence claim, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued.
Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.
We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence and care home abuse.
We want to ensure that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and aim to allow the claims procedure to be as transparent as possible.
The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay up front and nothing to pay if the claim has been lost.
If you are successful in your claim a deduction will be taken from your damages to cover the success fee and the shortfall in legal fees.
It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations.
If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.
The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.
Elderly care and care home abuse – Oakwood Solicitors
Care Quality Commission – Website
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Meet the author
Jade Glover is a Solicitor in the Medical Negligence team. She has worked for the company for over 9 years and completed her training during that time. She has specialised in Personal Injury clai…
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