Home worker convicted for abuse

The BBC reports that a care home manager who assaulted a woman with learning disabilities was convicted and sentenced to six months in jail, suspended for 18 months.

The woman was convicted under the Mental Capacity Act 2005 , which can be found on the government’s website:-

www.opsi.gov.uk/acts/acts2005/ukpga_20050009_en_1

Section 44 of this Act states under the heading “Ill-treatment or neglect “

(1) Subsection (2) applies if a person (“D”)—

(a) has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity,

(b) is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or

(c) is a deputy appointed by the court for P.

(2) D is guilty of an offence if he ill-treats or wilfully neglects P.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

The manager’s victims would probably have a claim against her employers. In the case of Lister and Others v Hesley Hall Limited [2001] UKHL 22, the owners of a care home where children were abused by a care worker were held to be vicariously liable for his activities. They might also have a claim to the Criminal Injuries Compensation Authorities, as these incidents would qualify as “crimes of violence”.

At Malcolm Johnson & Co. we come across this kind of case quite frequently. The problem of abuse in care homes involving vulnerable people, often goes unreported.

How much do you think such a person should be awarded in compensation?