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Two nursing home owners have been fined after an elderly resident died following a fall from a hoist.

Annie Bradley, 78, who was known as Vera, was being transported in a sling from her bed to a specialist chair at Harley House Nursing Home on Elms Road in Leicester on 19 July 2008. During the manoeuvre Miss Bradley fell to the floor, hitting her head. The pensioner, who suffered from Huntingdon’s disease and was immobile, died the following day.

Sisters Fatima and Munira Mawji, both of Scraptoft, owned Harley House at the time of the incident. They were prosecuted by the Health and Safety Executive (HSE) for failing to ensure the safety of Miss Bradley.

Leicester Crown Court heard the hoist was in such poor condition that it could not be used safely. The stitching on the sling was worn and damaged meaning the support stays that should have supported Miss Bradley’s head could not be used.

HSE found the system of work used by the nurse and care assistant operating the hoist put Miss Bradley at risk of falling from the hoist at any time. The court was also told the training of the two employees in manual handling was limited, and the supervision and assessment of competence in manual handling was not adequate.

Fatima Mawji of Facers Lane, Scraptoft, and Munira Mawji of Scraptoft Lane, Scraptoft, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. They were today (30 August) both fined £50,000 and both ordered to pay £20,000 costs at Leicester Crown Court.

After the hearing HSE inspector Dr Richenda Dixon said:

"With properly maintained equipment, better training and supervision this incident was easily preventable.

"The risks from hoisting residents in nursing homes are well known and falls during hoisting have resulted in severe injuries, from broken bones through to fatalities.

"There should have been regular checks on the sling and the hoist, proper planned preventative maintenance carried out and both thoroughly examined by a competent person at least once in every six months. Sadly this did not happen and an elderly lady lost her life."

Harley House Nursing Home is now under new ownership.

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk¹
2. Section 3(1) of the Health and Safety at Work etc. Act 1974 states: It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety
3. Visit here: www.hse.gov.uk/healthservices/index.htm² for more guidance on health and safety issues in the health and social care industry and specifically Health Services Information Sheet 3 "Getting to Grips with Hoisting People" http://www.hse.gov.uk/pubns/hsis3.pdf ³
4. HSE information and news releases can be accessed at: www.hse.gov.uk/press⁴

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Issued on behalf of the Health and Safety Executive by the Regional News Network