Members of Chambers have recently been involved and have successfully defended in a prosecution brought against managerial staff and employees of a care home company.
The prosecution’s case was that during 2016 and 2017 the deaths of five residents across two care homes was attributable to neglect on behalf of the care staff and the consent, connivance and/or neglect towards inadequate resources and training on behalf of the Home Managers, Regional Managers and Directors. Charges were brought of failing to discharge a duty under the Health and Safety at Work Act 1974, and wilful neglect by a care worker under the Criminal Justice and Courts Act 2015.
The case involved the analysis of thousands of pages of served and disclosed material, relating to internal investigations conducted by the Care Quality Commission, an internal Local Authority Clinical Commissioning Group, medical and GP records. Further, when significant issues surrounding the admissibility and independency of the Prosecution’s principal expert witness and the disclosure process came to light, Counsel was involved in the research and drafting of complex skeleton arguments relating to abuse of process and extensive s.78 exclusion applications across a four-week period following the discharging of the jury.
As a result of those skeleton arguments the Prosecution conducted a comprehensive review and subsequently indicated in writing that it would offer no evidence in respect of all the defendants listed for trial. However, within 48 hours of that decision, the Prosecution instead applied to adjourn the trial for disclosure to be revisited and a new expert to be instructed. The application to adjourn was opposed and ultimately refused. The Prosecution offered no evidence against all defendants listed for trial, meaning those defendants were able to retain their good character.
Holly Thompson was instructed by Bill Waddington and assisted by Emma Suthers of Williamsons Solicitors. She was led by Denise Breen-Lawton KC of St Pauls Chambers, Leeds.
Connor Stuart was instructed by Bill Waddington and assisted by Emma Suthers of Williamsons Solicitors.
Charlotte Baines, leading Rachel Scott, were instructed by Mark East of John Robinsons & Co.