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Care home owner in court after resident’s death

Health and Safety Executive prosecutes care home owner

The owner of a Leicester care home has been fined £100,000 after a vulnerable 85-year-old resident died from serious burns.

Walter Powley was admitted to Western Park View in Hinckley Road for emergency care in May 2012 after an occupational therapist advised his family he could no longer be safely left alone at home due to his risk of falling.

Leicester Crown Court heard that four days later, on 8th May, Mr Powley fell in his room and became trapped between a wardrobe and a radiator. He suffered serious burns right through the skin of his right leg, and superficial burns to both legs probably from hot water leaking from the valve. He died in hospital from his injuries eight days later.

A Health and Safety Executive (HSE) investigation found the pipes and valves at the home, owned by Western Park Leicester Ltd, were not covered and to touch had temperatures of around 73 degrees centigrade.

It also found Western Park Leicester Ltd was aware that Mr Powley was at risk of falls and injury and that staff should be vigilant, but the company failed to assess the risks in his room and take appropriate action to control and manage them.

Western Park Leicester Ltd, of Queen Street, Wolverhampton, pleaded guilty to breaching the Health and Safety at Work etc Act 1974, and was fined £100,000 and ordered to pay a further £35,000 in costs.

In a statement on behalf of Mr Powley’s family, his son, Colin, said: “We are still devastated not only by our Dad’s death but also how it came about. His stay at Western Park View was only to be for two weeks’ respite while we explored all options for future care.

“We had supported and cared for Dad daily and kept him safe in his own home for six years following a stroke. The fact that he died from injuries sustained as a result of, in our view, inadequate care in a place where he was supposedly safer than at home, is heart-breaking.”

He added: “We hope that the lessons learned with regard to exposed pipe work and acceptable temperatures for hot surfaces in care homes will prevent other families having to experience what we have.”

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