Lessons for independent healthcare providers: importance of compliance

A leading care home provider has been subject to a £1.8 million fine from the Health and Safety Executive (HSE) following the death of a care home resident.

The HSE investigation revealed that Cradlehall Care Home in Inverness failed to ensure staff were familiar with residents’ care plans. This was a basic and critical oversight which contributed to the incident. The resident in question had been placed on a specialist diet and her care plan clearly stated she needed close supervision while eating. However, the court heard that two agency staff were left to manage twelve residents without adequate support, and the resident was left unsupervised, highlighting systematic failures in staffing and training.

While the care home operator, HC-One Limited has since introduced measures to improve staffing and skills, this case indicates that policies only protect people when implemented effectively.

This incident highlights that care plans must be adhered to, and workforces must be properly supervised when agency workers are used.

Operators should implement robust compliance frameworks and monitoring systems to meet statutory obligations under HSWA 1974.

The Birketts view

The HSE’s enforcement will resonate across the social care sector. It shows the increasing scrutiny operators face under the Health and Safety at Work etc. Act 1974, which places clear duties on employers to protect those in their care. Failure to comply can result in severe financial penalties, as well as reputational damage.

Birketts’ independent healthcare team regularly advises care homes, clinics and private hospitals on corporate, real estate, regulatory and employment issues.  

Taking proactive steps now will help operators to protect residents, staff and the wider organisation from the consequences of an investigation into non-compliance.