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Daily Record
Daily Record
National
Sarah Ward

Scots care home fined £40,000 after pensioner died from 30ft fall out window

A 94-year-old man died after falling from the window of his care home after basic safety measures were ignored.

The OAP fell nearly 30 feet from a care home in Dundee run by the Roman Catholic Diocese of Dunkeld, which has been fined £40,000.

The elderly man fell from the window of the Wellburn Care Home in the early hours of May 30 2017, which closed the following month.

An investigation by Police Scotland and the Health and Safety Executive identified that the bedroom window from which the man fell was unrestricted, ignoring commonly used procedures to reduce the risk of tragedy.

HSE Inspectors found that many of the windows at the care home had not been fitted with restrictors which prevent windows being opened to an extent that a person could fall from the window.

At Dundee Sheriff Court, the Diocese pled guilty to contraventions of Section 3(1) and Section 33(1)(a) of the Health and Safety at Work Act 1974 at Dundee Sheriff Court on 14 October 2020.

The court heard that the Diocese had failed to put in place well recognised and well publicised measures to protect residents who were elderly and may have been vulnerable, from an obvious risk of death or serious injury arising from a fall from height.

The care home closed in June 2017.

Alistair Duncan, Head of the Health and Safety Investigation Unit, Crown Office, said:

"This tragic incident could easily have been prevented had suitable and sufficient measures been put in place.

"A window restrictor would have prevented this from being able to happen.

"Hopefully this prosecution and the sentence will remind other organisations that failure to fulfil their obligations can have tragic consequences and that they will be held to account for their failings."

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