Former care home manager ordered to pay £10k after CQC prosecution

A former Warwickshire care home manager has been ordered to pay £10,000 for failing to protect a resident from sexual assault.

Denis Mary Clark, the former manager of Runwood Homes’ Cherry Tree Lodge, was fined £1,600 and ordered to pay £8,240 costs to CQC and a victim surcharge of £160 by Birmingham Magistrates’ Court.

Clark pleaded guilty to failing to provide safe care and treatment and failing to safeguard a resident from abuse and improper treatment, thereby exposing them to avoidable harm.

The court heard that on 21 October 2021, a male resident at Cherry Tree Lodge was found by members of staff in the bedroom of a female resident who had a diagnosis of Alzheimer’s disease and lacked capacity to consent to sexual relations. The man had leant over the woman and kissed her with his trousers lowered while engaged in an indecent act.

After Clark failed to take action in line with the service’s safeguarding policy or make referrals to other agencies, the man was found by a member of staff on 2 November 2021 on top of the female resident engaged in sexual activity.

He was arrested by Warwickshire Police on suspicion of rape but was later released without further action.

An investigation by the CQC found Clark failed to adequately assess and mitigate the risks posed by the man and protect the female resident from abuse and improper treatment.

Amanda Lyndon, CQC deputy director of operations in the Midlands, said: “The registered manager’s failure to protect a vulnerable woman in its care from a resident who was known to present a threat is appalling. What makes it much worse is the harm she was subjected to was potentially avoidable if Denise Mary Clark had done what was required of her under CQC regulations and the safeguarding policy.
 
“The majority of registered managers do an excellent job but when they don’t, we can and will take action to hold them to account and protect people.

“I hope this case reminds care managers they must always take all reasonable steps to manage risks to people’s safety, including ensuring people are safeguarded from abuse.”

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