Man's fall from nursing home window linked to death

CQC said Mr Leighton should have been safe in the home

A patient who tried to escape from a nursing home fell to the ground after climbing out of a first floor window that should have been secured, a court was told.

Joseph Leighton fractured his spine and heel bone in the fall - injuries which contributed to his death, the Care Quality Commission (CQC) said.

The owners of Wirral-based Derwent Lodge Nursing Home were fined £25,000 with a £2,000 victim surcharge at at Liverpool & Knowsley Magistrates’ Court on Monday.

CQC said the company failed to protect Mr Leighton in a place where he should have been safe.

Nursing home owner Sure Care (UK) Limited, admitted failing to provide safe care and treatment, exposing him to avoidable harm.

CQC said Mr Leighton was admitted with his wife to the nursing home in New Ferry, Birkenhead, on 21 May 2021.

He had been diagnosed with dementia and was admitted for nursing and personal care, while his wife was admitted for palliative care.

Mr Leighton showed signs of agitation after moving in and "expressed a desire to leave the home several times".

The agitation increased after his wife died on 4 June 2021.

'He should have been safe'

Early in the morning on 6 June 2021 he forced his first-floor bedroom window open and climbed out, holding onto the windowsill before dropping to the ground.

He injured his lower back and right foot and was found to have a fractured vertebra and heel bone.

Mr Leighton was moved to a different care home and died on 24 August 2021.

The CQC said a post-mortem examination found the cause of death was partly due to the fractures sustained in the fall.

A CQC investigation found that Sure Care (UK) Limited failed to ensure the nursing home was fitted with Health and Safety Executive (HSE) compliant window restrictors.

The lack of window restrictors was identified during a local authority quality improvement visit on 5 July 2019, and again in an audit of his room the day after his fall.

The CQC investigation also found invoices for window restrictors dated 13 May 2021 and 20 May 2021 but these had not been fitted.

Karen Knapton, CQC’s deputy director of operations in the north, said: “Sure Care (UK) Limited failed in their duty to protect him in a place he should have been safe and receiving the best possible care.

“This fine is not representative of the value of Mr Leighton’s life, but this, and the prosecution reminds all care providers they must always ensure people’s safety and manage risks to their wellbeing."