Care provider operating Margate care home ordered to pay £11,371 for breaching duty of candour regulation

For immediate release: Monday 18 July

A care provider has been ordered to pay £11,371 at Folkestone Magistrates’ Court, after admitting it failed to inform and apologise to the appropriate person following the death of Jean Herring, a person living in one of their care homes.

The Care Quality Commission (CQC) brought the prosecution after it emerged that Premiere Care (Southern) Limited failed to share details in a timely manner of what happened following the death in January 2019.

Premiere Care (Southern) Limited, was fined £3300 (£1650 for each charge) in court on Monday 18 July. It was also ordered to pay £181 victim surcharge and £7890.61p costs to the Care Quality Commission (CQC) which brought the prosecution.

Under the Health and Social Care Act, duty of candour (Regulation 20), care providers must act with openness and transparency, and provide a timely apology to people receiving care, or their relatives, in the event of a serious incident.

Jean Herring died after falling from an upper extension roof while trying to leave the Avenues Care Centre (formerly known as The Grosvenor Court), Margate in Kent. Family members confirmed that they have not received verbal or written confirmation of the event that led to the death of Jean Herring or an apology.

Premiere Care (Southern) Limited operates three care homes in England, including The Avenues Care Centre which is a residential care home providing personal and nursing care for up to 51 people.

Hazel Roberts, CQC head of inspection for adult social care, said:

“Our sympathies are with Jean’s family following this tragic death, and we were concerned that the provider Premiere Care (Southern) Limited did not take the opportunity to inform the family or apologise at the earliest opportunity.

“All care providers have a duty to be open and transparent with people living in their services and their loved ones, particularly when something goes wrong, and this case sends a clear message that we will not hesitate to take action when that does not happen.

“People using any type of health or social care service have a right to be informed about all elements of their care and treatment - and, all providers have a responsibility to be open and honest with those in their care. Premiere Care (Southern) Limited failed to meet that responsibility in a timely manner, which is why the CQC took this action.

“I hope the outcome of this prosecution reminds care providers of their duty to assess and manage all risks to ensure people are kept safe”.

Notes to editors

Throughout the COVID-19 pandemic, the CQC’s regulatory role has not changed. CQC’s core purpose of keeping people safe is always driving decisions about when and where we inspect. As the risks from the pandemic change, we are evolving how we regulate services to reflect what we have learnt during this time. You can read more about our current approach on our website.

CQC is listening to what people are saying about services to help detect any changes in care. If there is evidence people are at immediate risk of harm, CQC can and will take action to ensure that people are being kept safe.

CQC encourages people to give feedback as part of its 'Because we all care' campaign, and people can give feedback about their care to CQC via the details below.

1. Give feedback via the website
2. Telephone - 03000 616161

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• John Scott, Regional Communications and Engagement Manager – 07789 875809 - scott@cqc.org.uk

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