A Deeside care home has been fined after a 95-year-old vulnerable resident was injured in a fall.
Cubanhall Limited, which owns and runs Annesley House in Torphins, admitted breaching health and safety laws over the incident, which happened in June 2023.
The company directors, husband and wife team Alan and Winifred Cordiner, sat in the public gallery of Aberdeen Sheriff Court as details of the case were read out.
Depute fiscal David Glancy described the layout of 36-bedroomed Annesley House, explaining that one of the two residents’ lounges on the ground floor was “supervised”.
“It is occupied by residents with mobility issues and who require a higher level of vigilance by staff,” Mr Glancy said.
He said the injured resident had worked on his family’s farm into his 90s, but moved to the home due to mobility problems.
The court heard the man – who was classed as a “high risk” for falling over – walked with the aid of a zimmer frame and needed help from “one or two” staff.
Vulnerable man unsupervised
Referring to an incident on June 27, 2023, Mr Glancy told the court care staff would begin getting residents ready for bed between 8pm and 10pm, leaving the pensioner alone in the supervised lounge.
He said: “He had spent the day in the supervised lounge sitting with other residents.
“When the evening routine commenced, [the resident] remained in the lounge unsupervised.
“It would appear that during this period, he attempted to move, unassisted, and walked a distance of around five metres across the room when he fell, striking his head on the floor.
“As a result of this fall, he sustained a significant laceration on his forehead above his eye.
Paramedics called
“When found by staff, he was assisted to his room and paramedics attended – but his injury could not be stitched because his skin was so thin at the site of the injury.”
The incident was investigated by the Health and Safety Executive, who discovered the supervised lounge was “bereft of staff” for between five to 20 minutes.
The court was told that an additional staff member was now on shift between 7.30pm and 10.30pm daily.
The latest Care Commission report on Annesley House rated it “good” in June last year.
Defence agent for Cubanhall Limited, Kimberley Mitchell, said the incident was a “matter of regret” and they had cooperated fully with the court process.
She said: “It happened when residents were retiring for the evening and staff had to prioritise residents – at times some would have been left.
“[The resident] did not need one-to-one care, but the process was a balancing act.
“It is accepted balance was not quite struck when residents were being taken to bed.”
Ms Mitchell said an additional member of staff was now in place for the evening routine.
Harm assessment
Sheriff William Summers ruled Cubanhall’s culpability level was “medium” and the seriousness of harm risk fell within category C, adding: “There was a medium likelihood of harm and that the overall harm fell within category four.
“This appears to be a one-off incident, however, it was not isolated as there seems to have been occasions when residents were left unattended for five to 20 minutes.
“A 95-year-old man injured himself – the level of harm risk is medium.
“There were no aggravating factors to that injury – and many mitigating factors.”
Sheriff Summers said the owners were taking health and safety seriously and had improved their systems and had cooperated on a “high level” with the court.
He fined Cubanhall Limited £7,050, giving them three months to pay.
Cubanhall Limited was approached for comment last night.