At a hearing yesterday, the Royal Court imposed the fine on the SEB, which admitted one breach of the Health and Safety Law, for not taking steps to ensure the roof at the centre could not be reached by vulnerable people. The court heard that on three previous occasions in recent years patients had managed to reach the roof and had injured themselves by jumping off.
The most recent had occurred on 9 May last year. The woman had been admitted to Orchard House ten days earlier after she had climbed onto the roof at her family home and considered jumping.
Crown Advocate Matthew Maletroit, prosecuting, told the court: ‘She was always within eyeshot of a member of staff. Then the level of observation was reduced.
‘She left the ward through a door that should have been manually locked and electronically locked, and climbed a fence that allowed her access to the roof.’
She had jumped off onto tarmac below and was taken to hospital with several serious injuries.
Advocate Maletroit added that there had been three similar incidents in the past in which vulnerable patients had injured themselves.
The Health and Safety Inspectorate had recommended changes to prevent such incidents from happening again but they had not been enacted, the court heard.
‘They were aware of the risks but failed to act,’ he said. He recommended a fine of £100,000.
Advocate Debbie Corbel, defending, said the SEB had pleaded guilty and co-operated fully with the investigation, and had made changes such as erecting an anti-climb perimeter fence. There had also been extra training for all staff.
She argued that a £100,000 fine was too high, pointing out: ‘It would be a substantial departure from previous sentences.’
Delivering the court’s sentence, Bailiff Timothy Le Cocq, presiding, said they had taken on board the full apology and the actions that had been taken since.
But he added: ‘By reason of these failings – and they were serious failings – a vulnerable woman was allowed to jump and sustain serious injuries. That is why we view the culpability as high.’
The SEB were also ordered to pay £5,000 costs.
Speaking after the sentencing, Assistant Chief Minister Richard Buchanan, who is vice-chairman of the SEB, said: ‘The SEB have acknowledged that the incident was avoidable and we are genuinely remorseful that the patient sustained injuries in an establishment which is there to keep her safe. We have met the management of the unit, who have taken us through the significant improvements made to the physical environment and staff training since this unfortunate incident. I again offer our apologies to the patient and her family.’
Jurats Colette Crill and Pamela Pitman were sitting.
