NHS Foundation Trust fined following death of patient
Health and Safety Executive v Surrey and Borders NHS Foundation Trust (2017) Guildford Crown Curt, June 22
Statutory reference: s.3 of the Health and safety at Work, etc., Act 1974 (HSWA).
Surrey and Borders NHS Foundation Trust has been fined after a patient suffered fatal injuries in a fall.
The facts
· Adam Withers was detained as a patient at Epsom Hospital. In May 2014 he was in the hospital courtyard with his mother. he climbed over a conservatory roof and up a 130-foot industrial chimney. He fell and suffered fatal injuries.
· There had been a series of failures to ensure the proper management of risk associated with absconding patients.
· There was insufficient communication between employees and inadequate systems to ensure that the risks identified were addressed and remedied.
The decision
The Trust was fined £300,000 plus £16,700 costs under s.3 HSWA for failing to ensure the health and safety of non-employees.
An HSE inspector commented after the case that if the Trust had carried out a suitable assessment and made the appropriate changes they would not have allowed a vulnerable person the opportunity to end his life.