A care home that allowed a 91-year-old woman to die of severe hypothermia has been fined £1.6m.
Annie Barritt, a resident at Oaklands Country rest home near York, froze to death, with her temperature so cold it would not have registered on a standard thermometer, a court was told.
She was found to be 25.3C (77.5F), nearly 10 degrees below the hypothermia threshold of 35C. York crown court heard the resident had not been given any hot food or drink as she spent her last day asleep in her room.
The hospital discharge papers for Barritt, who had dementia, stated that she needed to be kept warm at her care home facility. She died of hypothermia despite two nurses checking on her about 10 times on the day of her death.
The care home was fined on Wednesday for allowing what the judge described as an “accident waiting to happen”.
Following the decision, Barritt’s family said in a statement: “The last four years have been very hard for the family, coming to terms with the tragic circumstances of Mum’s death from hypothermia.
“It is hard to believe an elderly lady with dementia could be treated in such an appalling way in a care home that claimed to specialise in care for vulnerable people.
“A fine, no matter how large, could never replace a loved one: what price can you put on your mother’s life?”
Speaking at the court on Wednesday, Judge Paul Batty QC said there were “systematic, systemic failures” at the care home.
He said that when Barritt was brought into hospital “her body temperature was at a level barely compatible with human life”.
The court heard that, about a week before her death, Barritt had been in hospital following a fall, and her discharge papers stated that she needed to be kept warm as her temperature was low.
Batty said: “There was in my judgment no amendment to Mrs Barritt’s care plan. Those trusted with her care should have been aware of this cautionary note from the hospital. They were not.
“The failure to revise Mrs Barritt’s care plan was indicative to other residents. This was not an isolated occurrence.”
Maria Mallaband Care Ltd of Leeds pleaded guilty to a health-and-safety charge relating to Barritt’s death at a hearing in June. At the time, the company ran 30 homes for the elderly across the country, including Oaklands, and cared for 2,600 residents.
Batty said: “It can be seen that this case does not involve an isolated and tragic act. The death of this much loved lady, I regret to say in the context of this case, was an accident waiting to happen.
“It my judgment it is very serious and there were systematic, systemic failures in that care home.”
Barritt was admitted to the home in July 2012 by her “loving and attentive family” because they thought it was the safest place for her. She had suffered from dementia for five years and was unable to make decisions for herself. She died at the home on 4 November 2012.
The court heard previously that investigations into her death revealed the radiators in her room and other rooms nearby were never maintained.
Staff and relatives of residents had also warned management repeatedly for two years that the oil-fired heating in the home did not work properly – but nothing had been done to rectify the situation.
The home had also run out of fuel on several occasions during the two winters before her death, the court heard previously.
Speaking at court on Tuesday, David Hercock, prosecuting on behalf of Harrogate district council, said: “By the time a night-shift nurse realised [Barritt] was in trouble at 7.50pm, [Barritt] felt ice cold, she wasn’t breathing and her temperature was so low it couldn’t register on a standard thermometer. She was taken by ambulance to Harrogate district hospital, but died there later the same day.”
Maria Mallaband Care has an annual turnover of £50m and has won national awards. However, Oaklands showed losses of £1.75m in 2015, and £4.2m in 2016.
Tony Moule, the environmental health officer at Harrogate borough council, said: “Our investigation revealed that there were a number of serious failures with regard to health-and-safety legislation.
“No fine can ever compensate the family for the loss of their mother in such shocking circumstances. For an elderly vulnerable person to suffer hypothermia while in bed in her room, under the care of a national care provider, beggars belief.
“Care homes must take their responsibilities seriously and Maria Mallaband Care Group Ltd failed in its duty of care. We hope that this case sends out a message which will help to ensure that such events don’t happen in the future.”
