Prosecutions

A vulnerable 92-year-old woman died after falling from a first floor window in a Worcestershire care home, a court heard.

The woman died after falling more than 4m from her bedroom window at the care home on 5 January 2007. The home is operated by a company which manages retirement and nursing homes across the UK.

During the Health and Safety Executive (HSE) prosecution of the company, Worcester Magistrates' Court heard the window in the frail woman's bedroom could be opened fully.

Police attending the incident at the time found that other windows could also be opened fully and were accessible to elderly residents. Published HSE guidance recommends that windows, through which there is a risk of a person falling if opened, should be restricted so they open no more than 100mm.

The court heard that the company had failed to maintain its method of restricting the opening of the windows adequately, thus putting residents at risk.

The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999.

The company was fined £16,500 and ordered to pay £25,000 towards costs.

An investigating inspector from the HSE said:

"The risk of vulnerable people falling from windows is a well known issue in nursing homes.

"Adequate controls are easy to implement and maintain, and advice is available from HSE. For example, the fitting of chain restrictors that physically prevent windows from opening further than 100mm is a straightforward and inexpensive method of protecting people who are dependent upon others for their safety.

"Care providers are urged to revisit their risk assessment to ensure that they have adequate measures in place and that these are being suitably maintained."