Call for care home owners to be criminally accountable in cases of abuse

Tougher laws are needed to make care home owners criminally accountable if there are cases of abuse and neglect in their care home, says former care minister.

Lib Dem MP Paul Burstow has published a report 'Care and Corporate Neglect' setting out how a new law could be enacted and what the Government needs to do to ensure adult safeguarding in England is improved in light of the Winterbourne View care scandal. He is also presenting a Parliamentary Bill today which asks the Government to hold corporations criminally accountable for abuse and neglect in care settings.

Mr Burstow said: “Everyone was shocked that the company in charge of Winterbourne View was not put in the dock to face criminal charges. It is not good enough for the thugs who carry out this kind of abuse to receive a criminal conviction, when the companies in charge have no criminal corporate accountability whatsoever.”

He added: “It's about time those who take the fees, and employ and manage the staff in care homes are held to account for abuse and neglect that takes place on their watch.”

Action on Elder Abuse is backing the proposals which are being put forward by Paul Burstow.

Gary FitzGerald, chief executive of Action on Elder Abuse said: “For too long we have seen vulnerable older people subjected to the most appalling mistreatment while the organisations responsible simply 'get away with it.'

“While it is right that abusing care workers should feel the full impact of the courts and sentencing, it is equally important that those who employ and direct those workers should also face justice. The public expect no less.”

The Winterbourne View care scandal last year led to six care home staff being convicted for abusing and neglecting adults with learning difficulties at the care home in Bristol.

Mr Burstow said in the report “What was so sobering about the abuses at Winterbourne View Hospital was that it was not an isolated case instigated by one rogue member of staff, but a sustained campaign of abuse and mistreatment perpetrated by more than ten employees.”

He wants to see the Health and Social Care Act 2008 amended to include a new section under Part 1, Chapter 3, the Quality of Health and Social Care entitled Corporate Neglect, whereby a corporate body can be found guilty of an offence if the way in which its activities are managed or organised by its board or senior management neglects or is a substantial element in the existence and or possibility of abuse or neglect occurring.