Ambleside care home in Cheltenham has paid a fine after failing to provide safe care to a resident who died after exiting from a first-floor window. 

Ambleside care home in Cheltenham has been ordered to pay £37,000 at Cheltenham Magistrates’ Court after failing to provide safe care and treatment to someone living at the care home who died after exiting from a first-floor window.

The owners, Mr and Mrs J C Walsh, pleaded guilty to failing to provide safe care and treatment to the resident, resulting in significant avoidable harm. 

This resulted in two offences under Regulation 12(2) and Regulation 22(2)(a) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The court fined Mr and Mrs J C Walsh £20,000 for this. They were also ordered to pay a £2,000 victim surcharge and £15,000 costs.   

“The failure of Mr and Mrs J C Walsh to identify and address clear dangers at Ambleside was unacceptable and resulted in the death of someone who was vulnerable at the time,” said Stefan Kallee, Care Quality Commission (CQC) deputy director of adult social care for Gloucestershire. 

“Most care homes take their responsibility to protect those in their care seriously and comply with regulations to prevent them from coming to harm. However, when an organisation falls short and exposes someone to such serious harm, we will act to hold them accountable,” he continued. 

Failure to provide safe care

On 2 June 2023, the resident at the care home exited from the first-floor window of his room, which did not have adequate window restrictors in place. He sustained significant injuries and died as a result on 12 June 2023.  

He had been staying at Ambleside on a temporary basis and had expressed a desire to leave the home on several occasions. He had already tried to leave via the window in his bedroom earlier in his stay. 

The resident’s family had sought reassurance from the home that there were sufficient safeguards in place to prevent him from leaving, and the home had assured them that it wouldn’t be possible for him to open the window far enough to get out. 

CQC brought the prosecution case because Mr and Mrs J C Walsh failed to provide safe care and treatment to the resident by not ensuring the windows in his room were secured to prevent them opening beyond 10cm, as stipulated by Health and Safety Executive guidance. As a result, the home failed to take reasonably practicable steps to mitigate the risk of him being able to exit from a first-floor window. 

CQC does not keep the fines that the defendants are issued with by the court. This money goes directly to HM Treasury.