A major care home group has been fined £1.6 million following the death of a resident from hypothermia after a health and safety prosecution brought by Harrogate Borough Council. The company pleaded guilty to a breach of the Health and Safety at Work Act 1974 at an earlier hearing.
PSA v NMC & Joselo Silva  EWHC 754 (Admin) The PSA appealed against a decision of the NMC Conduct and Competence Committee made on 5 November 2015. The Committee had found that a failure by the Registrant to refer to the Safeguarding authorities complaints of abuse made by elderly patients with dementia amounted to misconduct. The Registrant had admitted the failure to refer the complaints. The Committee determined that although the Registrant's fitness to practise had been impaired at the time of the incidents, the Registrant had shown insight and remediation which meant that his fitness to practise was not currently impaired. Therefore no further action was required.