A Hidden Evil: Abuse in Care Homes Exposed

Anyone that keeps up to date with national news will no doubt have come across reports of abuse alleged to have been taking place in one of the UK’s most prestigious care homes.

Released video recordings of events taking place within the care home have been broadcast purportedly depicting personal injury being suffered by a number of residents of the home at the hands of the care home staff. What makes these recordings all the more harrowing viewing, is that many of the residents apparently subjected to personal injury had severe learning difficulties and were seen to be victims of taunting, bullying and direct physical harm. There were even some instances broadcast of what can only be described as serious injury being inflicted upon vulnerable and frightened residents.

According to the Office of National Statistics (2009), in the UK there are over half a million people living in care homes. Whilst the majority of those living in care homes no doubt receive an extremely good level of care, there are a growing number of abuse allegations made by the victims of personal injury.

Community Care confirms that in 2010 up to 37% of claims of personal injury suffered by way of abuse in care homes were either fully or partially substantiated, and of the total number of claims made, in only 31% of cases was further action taken.

In light of the evidence, the Government has ordered a review of the Care Quality Commission’s (CQC) failure to investigate the serious injury suffered by residents of the care home, despite having received a whistleblower’s account of the ongoing abuse. It has also been announced that the care home concerned has been shut down and its residents re-housed. Abuse is not only very wrong, but sadly also potentially very difficult to discover. Many of the victims of personal injury endured in care homes may be unable or even afraid of revealing the serious injuries, both physical and psychological, that they are forced to endure. 

The direct.gov website does offer some advice on identifying the tell tale signs of abuse which include unexplained bruising or wounds and sudden changes in behaviour.  But even once identified, it may be difficult to know where to turn in order to stop the serious injury continuing.

If personal injury by way of abuse is identified or even suspected, you can contact your local services Adult Protection Co-ordinator to discuss matters further.  You can also make a complaint to the CQC.

It may also be that there is a case for compensation. In 2001, the Court's ruling in the case of Lister v Hesley Hall set a new precedent- it was held that the actions of an employee had been, “within the scope of employment” and that the employer was therefore liable for their actions.

In order to raise a claim for personal injury of this sort, it is necessary to show that the care home’s services have fallen below the reasonable standard of care through a specific act of negligence and that this failure directly resulted in the resident suffering personal injury. Examples of negligence include such things as failure to provide assistance with personal hygiene, failure to provide food or water or failure to provide safe, clean and decent living conditions. 

Abuse is serious, no matter how minor or severe, and it must be stopped. So if you believe that abuse is occurring and that someone is suffering personal injury, it must be reported. It can take just one person to stop another’s suffering.

Hilary Meredith Solicitors specialise in all aspects of personal injury and serious injury including CICA claims, public liability, road traffic accidents, military accidents and Armed Forces Compensation Scheme claims. To discuss your claim for personal injury, call us now.