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Training failures led to man's death

A care home operator has been fined £80,000 for serious training failures following the death of a patient as a result of "inappropriate and dangerous" restraint techniques.

On October 1^st 2004, forty-two year-old Anthony Pinder was physically restrained for around 90 minutes by staff at the Old Vicarage nursing home in Stallingborough, near Grimsby. Mr Pinder, who had learning and behavioural issues, was eventually released and crawled unaided to his room, but was found dead a short time later.

Leeds Crown Court heard that Health and Care Services (UK) Ltd, part of the Craegmoor Group, failed to ensure staff were adequately trained to carry out the safe physical restraint of residents.

As a result, the measures used to control Mr Pinder were described as "poor, inappropriate and dangerous" during the case, although those engaged in the restraint were not blamed because the court heard they were simply doing what they felt was necessary under difficult circumstances.

The Commission for Social Care Inspectorate highlighted an urgent need for safe restraint training just five months prior to Mr Pinder's death, which prompted a written promise from senior management at Health and Care Services (UK) Ltd that improvements would be made.

However, the investigation found that no such training was given. The company therefore failed to comply with a regulatory requirement, and failed to take all reasonably practicable steps to protect patients at the Old Vicarage - a breach of section 3(1) of the Health and Safety at Work Act 1974.

In addition to the £80,000 fine for pleading guilty to the breach, Health and Care Services (UK) Ltd was also ordered to pay £40,823 in costs.

"Anthony Pinder was a vulnerable person whose death was entirely avoidable. Health and Care Services (UK) Ltd position themselves as a market leading specialist care provider through Craegmoor, and Anthony and his family had a right to expect that he would be properly cared for. But they were badly let down," said HSE Inspector Brian Fotheringham.