Corporate manslaughter - conviction in care

July 2007 saw the enforcement of the Corporate Manslaughter and Corporate Homicide Act 2007 and the consequences of breaches fell under the spotlight when former care home director, Mr Yousaf Khan, was sentenced to three years and two months’ imprisonment for gross negligence and manslaughter.

His conviction followed the death of resident, Ivy Atkin, who was 86 years old when she died “from pneumonia, brought about by debility and low body mass index… [weighing] just 3 stones 12 pounds” when she passed away on 22 November 2012. 

The significance of this case is great indeed, as it is the first sentencing for corporate manslaughter relating to a care home.  Further to his imprisonment, Mr Khan has also been disqualified from being a company director for eight years.

Mohammed Khan, who was employed as the Manager of the care home in which Mrs Atkin suffered her neglect, was sentenced to one year imprisonment and suspended for two years for breaching sections 3 and 37 of the Health and Safety at Work Act 1974.  He too has been disqualified from being a company director for five years.

It is crucial to note the emphasis in this case, which highlights the managers and directors as ultimately responsible for the care homes they oversee.  The courts are ensuring compliancy on every level and want to see that every level is accountable for its entrusted responsibilities.  This was hammered home by the care home company’s £30,000 fine for corporate manslaughter at Nottingham Crown Court; as well as two further members of staff of the home being charged with corporate manslaughter.

Specialist Prosecutor, Elizabeth Reid, observed that “Mrs Atkin was a vulnerable person who was dependent upon the defendants [Messrs. Khan] in this case to care for her… despite intervention, guidance and warnings from the outside agencies and concerns raised by staff, the defendants failed in that duty.”

Mrs Atkin, along with all the residents of Autumn Grange Residential Care Home, was removed on 4 November 2012, when “it closed down after appalling and intolerable conditions were discovered,” and the council subsequently suspended its contract.  Unfortunately, her condition was so poor that it was irreversible and she died from the neglect that she had suffered. 

What makes this matter truly shocking is that Messrs Khan were reported to be completely aware of the state of Autumn Grange and Mr Mohammed Khan was not only inexperienced, but unqualified as a care home manager. 

The courts have clearly shown intolerance for such deplorable and ill-managed facilities, and have done so with the full force of the law.  If you are concerned regarding any issues raised in connection with health and social care, speak with our specialist team today.

Cynthia Beesoon
01206 217333
[email protected]