On 8th October 2021, Aster Healthcare Ltd, who owned and operated Birdsgrove Nursing Home in Bracknell, was convicted of corporate manslaughter. In 2015, a 93-year-old woman sustained burns across 12 per cent of her body when she was bathed by two carers who failed to check the water temperature properly. The lady was taken to a specialist burns unit; however, she died three days after the incident.  CQC carried enforcement action, and the provider’s registration was cancelled in 2016.

Roughly six years after the incident in question, Aster Healthcare Ltd was fined £1.04 million after pleading guilty to corporate manslaughter. Corporate manslaughter is a criminal offence created to hold companies to account for serious failings resulting in death.

Two individuals also pleaded guilty to charges brought upon them. The Care Home Manager was sentenced to nine months in prison which was suspended for 18 months, and a carer was also sentenced to sixteen weeks of imprisonment, also suspended for 18 months. The staff were held directly accountable for their actions.

According to the Specialist Prosecutor Eran Cutliffe of the CPS, “The prosecution was able to present a compelling case having identified systemic failings on the part of the senior management of Aster Health Care Ltd concerning their approach to health and safety and staff training.” This should make providers consider whether the systems they have in place are sufficiently robust. It also serves as a reminder to ensure that all health and safety checks and staff training are up to date. It is noted that obtaining support from external professionals has been significantly more complicated in recent times, but it must be prioritised.

In May 2016, Sherwood Rise Ltd, a Nottinghamshire care home company, was fined £30,000 for corporate manslaughter of an 86-year-old resident who died due to poor standards of care. In contrast to that case, it has been reported that Aster Healthcare Ltd attempted to cover up their failings and that they admitted to falsifying documents. Attempts to cover up the position resulted in a significantly larger fine.

Overall, it appears that the CPS are increasingly willing to use their powers in order to prosecute care home providers using the mechanism of the corporate manslaughter offence. Equally, CQC is taking far more enforcement action linked to breaches of Regulations 12 (safe care and treatment) and Regulation 17 (good governance). Therefore, providers must ensure that their quality assurance and control systems and processes are fit for their purpose.

At Gordons Partnership, we work with top drawer care consultants who advise on compliance matters, including health and safety in care homes. Please get in touch with us if you would like a recommendation.

About the Author

Lucy Bowker - Gordons employee

Lucy Bowker
Solicitor