Hefty Health and Safety at Work fines following attacks on staff

Background

In Parkcare Homes (No.2) Ltd and Priory Central Services Ltd [2023] MHLO 2 (HSE), two companies were jointly responsible for operating the mental health unit at the Priory Hospital near Aberdare; Parkcare Homes (No.2) Limited (“Parkcare”) and Priory Central Services Limited (“Priory”). The facility provided care services for up to 12 people with learning disabilities as well as mental health and behavioral issues. Parkcare owned and operated the unit. Priory primarily was responsible for the provision of staff training, the management of equipment, and staff recruitment.

Between 2014 and 2017, a range of safety concerns arose. The incidents that were reported included serious violence towards both care staff and patients, resulting in injuries. At least one member of staff required skin grafts after being subjected to a prolonged bite from a patient. Staff were also reported to have suffered loss of consciousness and permanent scarring following interactions with patients.

Concerns were first raised by Priory in 2016, but Priory’s management failed to take prompt and appropriate action to address the issues. The unit was closed in 2017.

An HSE investigation determined that there were no suitable risk assessments and safety equipment was defective and/or not fit for purpose. Staff were provided with alarms that failed to work at critical moments and safety jackets that were inappropriate for the work environment as they were not bite resistant. The HSE also identified that staff were not given suitable training to manage the type of patients that resided within the facility, the risk assessments and care plans were inadequate and there was a lack of supervision. The HSE therefore brought a prosecution.

Sentence and comment

Those operating in the care sector will therefore need to ensure, so far as is reasonably practicable, that their employees are in a safe work environment where the risks have been reduced to the lowest level possible, or face the prospect of criminal prosecution. Care providers should have adequate arrangements to prevent violence towards staff and other patients.

The Court has the power to impose an unlimited fine where a Defendant is found guilty of an offence under the Health and Safety at Work Act. The Court considers a variety of factors when administering fines in cases of this nature. These factors can include but are not limited to:

• The level of physical or mental injury caused
• The turnover of the business
• The degree to which the Court feels that the business fell short of industrial standards
• Whether efforts were made to address risks appropriately when they were identified
• Whether any breach was deliberate

In this particular case, a sentencing hearing was held at Cardiff Magistrates’ Court on 26 July 2023 following a hearing on 30 November 2022 where both parties had entered guilty pleas:

• Parkcare was fined £363,000 and ordered to pay £43,656 in costs.
• Priory was fined £40,000 and ordered to pay £43,656 in costs.

The differing fines reflect the fact that Parkcare directly controlled staff and daily activities and was, or should have been, aware of the issues at an early stage, whilst Priory was not involved in day to day management and was deemed only to have been in breach of duty from November 2016.

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