Devastated daughter plans to take legal action against Bristol care home following death of her mother

Bristol based care home, Holmwood House is facing legal action after a resident died from pneumonia weighing just 5st 5lb, shortly after leaving the home.

Following the publication of damning report, national law firm, Irwin Mitchell have been instructed to represent Annette Whiting and the family and investigate the care and treatment her mother received before leaving the care home.

Kathleen Cole was a resident at Holmwood House during 2008-2013 and was then transferred to Westbury Nursing Home, before she died of pneumonia aged 77 in August 2013.

Mrs Whiting has instructed Irwin Mitchell to act on her behalf to investigate the care her mother received during her time at Holmwood House. The firm will also investigate proceedings against the owner of Holmwood House, Bristol City Council and NHS Bristol Clinical Commissioning Group (CCG).

Specialist abuse lawyer at Irwin Mitchell’s Bristol office and representative of Mrs Whiting, Anusheh Burcher said: “We are pleased that a long overdue and thorough investigation by Bristol City Council and Bristol NHS CCG we are able to gain some insight about the care given to Kathleen and also the procedures of staff and management at Holmwood House.

“The report highlights a number of deeply concerning issues around inadequate training, qualifications, management and staff supervision at Holmwood House, which Annette had raised on numerous occasions to management. This report will now enable us to continue our investigations into the failings surrounding Kathleen’s care and ultimately will allow us to issue proceedings against those parties considered to have fallen seriously short in their duty of care to Kathleen.

“We hope that we are now able to find the answers Annette has been searching for and importantly ensure that the care home takes the necessary steps to improving all of their services and standards of care for their residents as they deserve the very best care available and treated with dignity.”

Concern over notes taken during a meeting after Mrs Cole’s death

Specialist injury lawyers representing the family expressed concern over notes taken during a meeting after Mrs Cole’s death revealing multiple issues in her care. Problems were noted in a number of areas including: problems with hydration and nutrition, manual handing, skin care management and administration of medication, as well as failures to manage a pressure sore and failure to diagnose pneumonia prior to her transfer to Westbury Nursing Home.

Irwin Mitchell said all of the concerns noted had been raised by Mrs Whiting in the months leading up to and following her mother’s death, however, Mrs Whiting did not feel they had been properly addressed by any party involved. In the report commissioned by Bristol City Council and Bristol NHS CCG, a number of areas were identified where Holmwood House had failed to give Mrs Cole the relevant care during her time in the home and had also failed to improve services to other residents despite a several requests from the Care Quality Commission (CQC).

It was recommended in the report that that Bristol City Council and the Bristol NHS CCG issue an apology to Mrs Whiting for failing to make sure she understood and was aware of procedures involved in safeguarding and commissioning.

Mrs Whiting commented: “My mum, like any other patient who is a resident at a care home, deserved to be treated with dignity and respect.

“I really appreciate the time taken to compile the independent report and in doing so fully investigating my concerns regarding the care given to my mum at Holmwood House and also the communication and processes carried out by Bristol City Council and Bristol Clinical Commissioning Group.

“I hope that with the help with my legal team at Irwin Mitchell, I will now be able to find all the answers I have been searching for over the past couple of years and also secure justice in my mum’s memory. I hope that this report is a stark reminder to Holmwood House and other care homes that substandard care will not be tolerated as vulnerable people like my mum are entitled to the very best possible care available to them.”

Eight substantiated allegations of abuse or neglect at Holmwood House over the past two years

A Freedom of Information request submitted by the BBC in January 2014 revealed that there was have been eight substantiated allegations of abuse or neglect at Holmwood House over the past two years.

The home stopped admitting patients with nursing needs, under a ‘voluntary’ agreement in late 2014, following a risk assessment by Bristol City Council and a suspension of all admissions between June-August 2014.

Following an investigation by the CQC, it was found that aspects of care being delivered to residents at Holmwood House ‘Required Improvement’ and the home received the same rating on its most recent inspection. The CQC found that there were breaches of regulation and improvements were not made and went on to issues a proposal to cancel the registration of Holmwood House in 2014, a decision that the owner, Mr Al-Jabouri is appealing.

The report made further recommendations, directed at Bristol City Council and Bristol CCG, requesting that written guidance should be issues for carers and individual who use their service to explain the relationship between families and providers. Bristol CCG was advised to review how care concerns are managed internally, in a transparent way that is clearly communicated to carers, relatives and patients.

Finally, the report concluded that Bristol City Council should work with Bristol CCG to ensure concerns over care quality are shared and managed collaboratively with carers, relatives and patients.

A statement issued by the home said: “Whilst the owner is aware of what Mrs Whiting has said to the media, no proceedings have been received. If proceedings are issued, it would be inappropriate for any party to comment as the issues are then for the Court to decide.”