A Lanarkshire care home has admitted breaching health and safety laws after a vulnerable pensioner with dementia went missing and later drowned in a river.
James Clark, 86, had been placed at Orchard House near Crossford on a temporary basis following his dementia diagnosis. The great-grandfather had previously attempted to leave his former home in Livingston and required round-the-clock supervision. He was considered at risk of wandering, and his family were assured by a manager that the home was "really secure" and there would be "no issue" with him leaving.
After arriving, Mr Clark repeatedly told family and staff that he did not want to stay. Staff had witnessed him trying to leave through the front door and had ushered him away, but CCTV later showed him opening the door and walking out in April 2023.
Discovery and investigation
His disappearance prompted a large missing person search by police before his body was found in Braidwood Burn near the home. An investigation revealed safety failings, including doors not being alarmed to alert staff if someone had managed to leave.
Enhance Healthcare Orchard House Ltd pleaded guilty at Lanark Sheriff Court to failing to implement a safe system of work to ensure Mr Clark was supervised and prevented from leaving between 30 March and 1 April 2023.
The court heard that additional locks had been installed by management before the home closed in December 2023, and no residents had since been able to leave unsupervised. A manager had also failed to ensure staff were made aware of Mr Clark's risk of wandering.
Court proceedings
Police and the Health and Safety Executive investigated the incident, but it was not reported to prosecutors until a complaint was later made to the Care Inspectorate.
Depute fiscal Blair Speed told the court: "The family told the care home manager that their most significant concern was that of him leaving the home and going missing. His daughter was assured that the home was really secure and there would be no issue with this. Beyond the manager, staff were not aware of the risk that he could leave the premises. The Care Inspectorate concluded that his safety within the care home was not assured because monitoring was not adequate and the door should have prevented him from leaving the care home."
Ramsay Hall, defending, said: "I'm instructed to extend the deepest sympathies on behalf of the company to the family of Mr Clark for their loss. It is a matter of great regret and remorse that Mr Clark lost his life through the breach for which the company now takes responsibility. From the incident until the closure of the home in December 2023 no security issues were identified and no residents were able to leave unsupervised. I invite the court to conclude that this incident was isolated but do not seek to detract from the seriousness of the incident. This was not a systemic breach and no financial gain was made through this breach."
The court heard there is "no intention" to hold a fatal accident inquiry into Mr Clark's death. Sheriff David Bernard deferred sentence until next month.
