Medical Negligence

Husband of dementia sufferer sexually abused by convicted rapist in care home says ‘unforgivable errors’ left her ‘easy prey for a monster’

care home abuse compensation claim
lauren-dale-hudgell-solicitors

Lauren Dale

Director of Risk & Compliance

5 min read time
30 Jun 2022

The husband of an elderly dementia sufferer who was sexually abused by a convicted rapist living in the same care home says he will never forgive those who made his beloved wife ‘easy prey for a monster’.

Despite having offences dating back to 1968 on his record, and having served a lengthy prison sentence for brutally 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.

He had been in the home for five months when he carried out the attack on the 75-year-old woman having being left alone with her.

Hull City Council had placed him 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 Raleigh Court care home in Cambridge Street, Hull.

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.

Carpenter and his victim have both since died, but this week HICA Group admitted charges brought against it by the Care Quality Commission (CQC) under the Health and Social Care Act, relating to its failure to safeguard the resident from abuse and improper treatment, causing her avoidable harm.

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, who adjourned sentencing for both until next month, but said the offences were open to ‘unlimited fines’.

Prior to the hearing, 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, and must never happen again’

Speaking after the court case, the woman’s husband said he will 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 heartbreaking,” he said.

“I feel utter and total disgust and anger that a man such as this was allowed to commit such a horrible act on my poor wife, in what was supposedly a safe environment.

“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.

“It is simply beyond belief that a convicted rapist was able to mix with the most vulnerable of people. Everybody involved at the council in terms of the decision to put him in the home and leave him there, and at the home when they found out about his past, I hold responsible.

“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. People like that don’t only do this once in isolation. I was always determined that people needed to be held fully to account for this, and I am pleased that this has happened in both the civil and criminal legal routes.”

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.

“It must have been a difficult decision to place her in care, but in doing so he placed his trust in the home to look after her. That trust was broken in the worst possible way.

“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.

Read more: Care Home Neglect

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Husband of dementia sufferer sexually abused by convicted rapist in care home says ‘unforgivable errors’ left her ‘easy prey for a monster’

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