The husband of an elderly dementia sufferer who was sexually abused by a rapist living in the same care home says he welcomes a £128,000 court fine.
The home’s owners previously admitted failing to safeguard the resident from abuse and improper treatment, causing her avoidable harm.
The convicted sex attacker had been in the Hull residential home for five months when he carried out the attack on the 75-year-old woman having been left alone with her.
Despite having offences dating back to 1968 on his record and having served a lengthy prison sentence for raping a woman in 1979, 65-year-old Robert Carpenter was able to mix with dementia suffers and those without mental capacity in the mixed gender facility at Raleigh Court care home in Cambridge Street.
Carpenter and his victim have both since died.
On Friday 15th July 2022 a judge fined the care company, the Hull-based HICA Group, £128,000 and ordered it to pay a £120 victim surcharge along with £10,645 costs.
The care home’s manager at the time, Katie Daysley, 41, of Kirk Ella, was fined £1,000 and ordered to pay a £100 victim surcharge and £15,077 costs.
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‘I hope these fines serve as a warning to other care homes and local authorities’
Speaking after the fines were issued the husband, who is represented by Hudgell Solicitors, said:
I hope these fines serve as a warning to other care homes and local authorities that they need to ensure vulnerable residents are properly protected. My wife wasn’t because appropriate measures to safeguard her and other residents were ignored. It just wasn’t safe there.
She was badly let down and I wouldn’t wish another family to go through what we have; it has been heart-breaking. I want to thank the Care Quality Commission for pursuing the case and holding care firms right across the country to account.
Hull City Council had placed Robert Carpenter in the care home in January 2018 as an ‘emergency placement’, after an accident at his own home and due to concerns of neglect.
Despite learning in March that Carpenter’s criminal record included sex offences, the authority failed to inform the Hull-based HICA Group or seek his removal from the home.
The home’s management claimed it only became aware of Carpenter’s previous conviction for a sexual offence in June 2018 when a police officer visited from the Management of Sexual Offenders and Rape team.
Still no action was taken though, and five days later staff found Carpenter carried out the sexual assault.
He was later convicted and jailed for an offence of engaging in sexual activity with a person with a mental disorder.
HICA Group earlier admitted charges brought against it by the Care Quality Commission (CQC) under the Health and Social Care Act.
The home’s manager at the time, Katie Daysley, 41, of Kirk Ella, denied a similar charge but was found guilty by District Judge Daniel Curtis in June.
Hull City Council had also agreed to pay damages to the woman’s husband for its own failings, following representations from Hudgell Solicitors, who represent the woman’s husband.
Legal representatives of the care home had also admitted it was also a breach of their duty of care not to act to protect residents when learning of Carpenter’s background.
‘This should never have been allowed to happen’
The woman’s husband said he would never forgive those who were entrusted to care for his wife, but allowed her to be attacked.
This should never have been allowed to happen and nothing like this must ever be allowed to happen again. I made the hardest decision of my life to put my wife and one true love into a care home, and for this to have happened to her is absolutely heart-breaking.
She was the love of my life and she was left as easy prey for a monster who should never have been allowed anywhere near her alone.
That monster was left to be alone with my wife. We know what happened to her, but we don’t know that she was his only victim given he was in the home for month.
Solicitor Lauren Dale, of Hudgell Solicitors said:
This has been a very disturbing case and one which has understandably left our client devastated. He placed his beloved wife of more than 50 years in what was supposed to be specialist care, believing it was the best place for her and somewhere that she would be protected and safe.
There were clear failings on the part of both Hull City Council and HICA Group.
Firstly there were no appropriate risk assessments undertaken to consider whether it was appropriate for the man to be placed in the home and alongside vulnerable residents, and when details of his offending past emerged there was no action taken to either remove him or make adequate provisions to ensure the safety of the residents.
Residents were left at the mercy of a convicted sex attacker for months. It was an appalling and inexcusable situation.
Our care home claims solicitors always handle cases with sympathy and sensitivity, putting the best interests of the individual in care at the forefront of our work at all times.
We’re passionate about protecting vulnerable people and can provide access to immediate support and legal advice.
We often act for the families of people who have passed away in care. Whilst we know financial compensation will never help you to overcome your trauma or loss, it can hold the abusers to account and help you to achieve some closure.
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