Care Home Company Fined £30,000 for Corporate Manslaughter
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The care home company Sherwood Rise Limited, has been fined £30,000 for corporate manslaughter at Nottingham Crown Court in respect of the death of 86-year-old Ivy Atkin on 22 November 2012, following her stay at the Autumn Grange Residential Home in Nottingham. The Crown Prosecution Service (CPS) has confirmed that this was the first care home company to be charged and sentenced under the Corporate Manslaughter Act.
Yousaf Khan aged 47, a director of Sherwood Rise Limited, who was in charge of the day-to-day operation of Autumn Grange, was sentenced to three years and two months after pleading guilty to gross negligence manslaughter. He was also disqualified from being a company director for eight years. Mohammed Khan, who was employed as the Manager at Autumn Grange, was sentenced to one year imprisonment, suspended for two years for a breach of sections 3 and 37 under the Health and Safety at Work Act 1974. He was also disqualified from being a company director for 5 years.
Specialist Prosecutor, Elizabeth Reid said: “Ivy Atkin died from pneumonia, brought about by debility and low body mass index, she weighed just 3st 12lbs when she died.”
“Mrs Atkin was a vulnerable person who was dependent upon the defendants in this case to care for her. They all owed a duty of care to Ivy and the other residents of Autumn Grange; despite intervention, guidance and warnings from outside agencies and concerns raised by staff, the defendants failed in that duty. They failed to provide adequate personal care, nutrition, accommodation and support.”
“Yousaf Khan was fully aware of the state of affairs that existed at Autumn Grange, knew of the concerns raised and had responsibility to take steps to remedy those concerns in order to ensure the health and safety of the residents. Mohammed Khan, who was unqualified and inexperienced, also failed to take active steps to address the needs of residents and his neglect contributed to the decline in standards at Autumn Grange. The condition in which Ivy was found when Autumn Grange was closed down, and the conditions inside Autumn Grange itself, were truly shocking. What occurred in this case was both avoidable and, as the company has conceded, shameful.”
Ivy’s death was caused by neglect. She and the other residents were removed from Autumn Grange on 4 November 2012 when it was closed down after the appalling and intolerable conditions were discovered. At that time, Mrs Atkin was in an extremely poor state of health, which was, in effect, irreversible.
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