A long-serving care home worker has been given a community order after mistakenly administering a fatal dose of morphine to a resident, a court has ruled.
A Fatal Mistake and a Failure to Act
Jane Barnard, 67, of Longlevens, Gloucester, admitted wilfully neglecting 75-year-old Derek Davies, a resident at Wheatridge Court care home in Abbeydale, Gloucester. The incident occurred on 6 September 2021, when Barnard gave Mr Davies medication intended for another patient, Jason Dodsworth. This included a 90mg dose of slow-release morphine, a powerful controlled drug.
The court heard that the morphine had been incorrectly stored in Mr Dodsworth's bathroom cabinet, contrary to strict procedures requiring such drugs to be locked in a designated room and administered with two staff members present. While Barnard was not responsible for the initial storage error, she failed to perform the necessary checks before giving the drug to Mr Davies, who was sitting in a communal area.
Cover-Up and Tragic Consequences
Upon realising her mistake, Barnard did not alert colleagues or medical professionals. Instead, she disposed of the medication Mr Davies should have received and falsely claimed the drugs meant for Mr Dodsworth had been dropped down a sink. She later described herself as being in a "state".
Mr Davies fell ill and was taken to hospital. On 8 September 2021, two days after the error, Barnard finally confessed to the deputy manager, Kim Jones. When the care home contacted the hospital, it was confirmed Mr Davies had died that morning. While the initial cause was recorded as a brainstem stroke, it was later established he died from morphine toxicity.
Court Sentencing and Expressions of Remorse
At Gloucester Crown Court on Monday 19 January 2026, Barnard was sentenced after a jury had previously found her not guilty of manslaughter. Mr Justice Butcher noted her previous good character, with references describing her as the "most caring person on the staff", and said he believed she was genuinely remorseful and unlikely to reoffend.
The judge stated: "You continued to fail to mention the mistake you had made and which you knew was a serious one. I accept, however, that you did not intend to harm Mr Davies." He acknowledged she had already suffered, having been suspended from her job of 32 years and would not return to care work.
Instead of a custodial sentence, Barnard was ordered to complete 100 hours of unpaid work.
