GNN SW 007/08 16 January 2008

HSE prosecutes NHS trust after elderly woman injured in fall from first floor window

The Health and Safety Executive (HSE) is reminding hospitals and organisations which provide care services for vulnerable people to ensure that they take appropriate action to manage the risk of falls from windows.

It follows the prosecution of the Avon and Wiltshire Mental Health Partnership NHS Trust after an incident in which a 77-year old woman fell approximately 5.5 metres from a window at a Swindon hospital which was not adequately restricted.

Iris Carey was a patient at the hospital and suffered a broken ankle and a compressed fracture of a vertebrae after falling from the open window on the Dean Ward at Swindon’s Victoria Hospital.

The trust pleaded guilty to a charge under Section 3(1) of the Health and Safety At Work etc Act 1974 and were fined a total of £20,000 and ordered to pay prosecution costs of £12,502, at Swindon Magistrates Courts today (16 January 2008).

Speaking after the hearing, HSE inspector Alison Fry said: "The incident involving Iris Carey was entirely avoidable.  The Trust had already identified a risk with the windows on this unit, as window restrictors provided to prevent falls did not meet the required standard.

"There are sensible and simple steps which should be have been taken to prevent this accident from occurring.  Where appropriate, suitable safeguards should be provided to restrict window openings to no more that 100mm.  There should also be suitable maintenance arrangements to ensure control measures are in place and functioning properly."
HSE’s Health and Social Care Services Unit have identified at least seven fatal accidents and approximately 30 major injury incidents attributed to falls from windows during the two year period 2002/03 to 2004/05.

Notes to editors

1. The Trust pleaded guilty to a breach of section 3 (1) of the Health and Safety at Work Act 1974 which states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

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Issued on behalf of HSE by Government News Network South East