An Edinburgh care company have appeared in court after one of their staff members was abducted and raped by a client while on shift.
The Action Group were found to have failed to safeguard their employee, who was victim to a vile and damaging attack when they attended the home of Albert Caballero.
Appearing in the Edinburgh Sheriff Court on Wednesday, the company were fined £20,000 for their health and safety breaches.
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Known for providing housing and community support to those with additional needs, the company had been serving Caballero at his home in 2018.
On December 27 (2018), the female support worker had attended his property when a number of inappropriate comments were made by the 46-year-old.
After making an attempt to leave the home, the employee found she had been locked in by Cabellero, and was then subject to an attack that included assault, sexual assault and rape.
In June 2019 Caballero was sentenced to eight years in jail, reports the Record. He was made subject to a supervision order for a further four years after he leaves prison and placed on the sex offenders’ register indefinitely.
Following the case, an investigation had been launched by the Health and Safety Investigation Unit of the Crown Office and Procurator Fiscal Service into The Action Group, and was referred onto the Health & Safety Executive (HSE).
After a report was compiled, they found that the company failed to make a suitable and sufficient assessment of the risk Caballero posed to female employees.
Because of this, the group had failed to identify and implement measures to mitigate these risks when providing support to Caballero at his address.
After pleading guilty to health and safety at work breaches committed in 2017 and 2018, The Action Group were fined £20,000.
The investigation also uncovered a history and recent escalation of inappropriate behaviour from Caballero. Reports of this weren’t recorded despite many of those who worked with him being aware of, or experiencing, incidents.
Since the attack the company has implemented a new lone-working policy and support workers have been given smartphones to enable communication and track location.
A review of the individual risk assessments for all service users was carried out to identify potential risks to staff and additional control measures put in place where appropriate.
Alistair Duncan, Head of COPFS’s Health and Safety Investigation Unit, said: “A young woman suffered a serious and traumatic assault and rape while acting in the course of her employment.
“The company could have prevented this if they had carried out a suitable and sufficient assessment of the risk posed to female employees.
“Lone workers are more vulnerable and employers should provide the necessary support to prevent such incidents.
“This prosecution should serve as a reminder to all employers that failure to establish the necessary measures and policies can have serious consequences.”
When two officers later found Caballero outside an unmanned police station after the attack, he told them: “I’ve raped someone. I’m guilty. I’ve done a very bad thing.”
During sentencing at the High Court in Edinburgh, judge Lord Kinclaven told Caballero: “It was an attack carried out against a young woman who was acting in the course of her employment as your support worker.
“She was someone who had supported you in a professional capacity for a number of years.”
The court was told first offender Caballero had worked part-time as a cleaner and had learning difficulties.
