Care provider fined £363,000 for failing to prevent care home resident's rape

A care provider has been fined £363,000 for failing to prevent a male resident raping a woman and committing 79 incidents of “verbal or physical sexualised behaviour” against five residents and eight staff members in a care home.

Despite the male resident’s behaviour being documented by staff, there was "a serious and systemic failure to respond" to a "pattern of behaviour" by a male resident, Jemima Stephenson, prosecuting for the Care Quality Commission told Nottingham Magistrates’ Court.

The court heard the residents and staff, who cannot be named for legal reasons, were put at risk for a year and five months.

In April 2019, the provider's failure to act allowed the male resident to enter a woman’s room to undertake a sexual assault.

Another female resident had made an allegation of rape against the man, who was also found to have sexually assaulted a member of staff in a cupboard.

Despite staff making referrals to social services and police being called, no action was taken. The court heard applications to Nottinghamshire Council for extra funding to manage the male resident was refused.

The male resident was later convicted of eight sex offences.

The care provider admitted to failing in its duty to protect residents from abuse and was also ordered to pay £12,441 in court costs.

Care home provider admits they ‘should have joined the dots’

Mark Ruffell, mitigating, said: “What happened in this care home was unique. They were doing a lot of what they were supposed to do.

“The defendant accepts they should have joined the dots, but so should the social services and the police. Those other partners failed too. Many people say social services, the police and the council are underfunded.”

Sentencing on 15 September, Judge Leo Pyle said: “Effectively you had a fox in the chicken house. You should have got him out of there. Surely you have to be robust, proactive and quick.”

Mary Cridge, the Care Quality Commission's deputy chief inspector for adult social care, said: “People have a right to safe care and treatment, delivered in an environment where threats to their wellbeing – including abuse – are well managed.

"Sadly, this care provider did not meet these fundamental standards for residents at the home where this incident took place.

“The company’s failure to protect a vulnerable woman in its care from a resident who was known to present a sexual threat is appalling. The crime she was subjected to was avoidable.

“Similarly, the company’s lack of safeguards to protect all residents at the home from the risk of abuse was unacceptable.

“The majority of care providers do an excellent job. I hope this prosecution reminds care providers they must always take all reasonable steps to manage risks to people’s safety, including ensuring people are safeguarded from abuse.”