A care home operator was fined £80k in Leeds Crown Court for failing adequately to train its staff in safe restraint procedures, in breach of section 3 (1) of the Health and Safety at Work Act. A 42 year old man with learning and behavioural difficulties, was physically restrained by staff for 90 minutes before crawling to his room. He was found dead shortly afterwards. The fine followed the company’s failure to heed earlier warnings from The Commission for Social Care regarding restraint training. The members of staff involved were found to be doing what they felt was necessary, but the court held that there was a responsibility for adequate training which lay with company management.
R v Health and Care Services (UK) Limited (2010)