Former Leamington Spa care home boss failed to stop sex abuse

Image caption,

Cherry Tree Lodge’s ex-manager Denise Mary Clark has been ordered to pay £10,000 for failing to stop abuse of the victim on two occasions

  • Author, Oprah Flash
  • Role, BBC News West Midlands

A former care home manager has been fined £10,000 after failing to protect an Alzheimer’s disease sufferer from being repeatedly sexually abused.

A male resident at Cherry Tree Lodge in Warwickshire was arrested on suspicion of rape two weeks after he was found assaulting a woman, who was being cared for at the home.

The incident had been reported to Denise Mary Clark who advised action would be taken but gave no guidance or referrals at the Leamington Spa home, the Care Quality Commission (CQC) said.

Clark pleaded guilty to failing to provide safe care and treatment and failing to safeguard a resident from abuse and improper treatment, thereby exposing them to avoidable harm.

Trousers lowered

The 61-year-old, from Eckington, Worcestershire, was ordered to pay the fine during a hearing at Birmingham Magistrates’ Court.

The abuse first came to light on 21 October 2021, when a worker spotted the resident leaning over the woman and kissing her with his trousers lowered while engaging in an indecent act, the care watchdog has said.

Due to her diagnosis, the victim lacked capacity to consent to sexual relations.

The witness informed Ms Clark and suggested the male resident be moved to another room to prevent it happening again.

However, no action was taken, CQC investigators found.

Image source, Getty Images

Image caption,

The care watchdog says the female resident lacks capacity give her consent

It meant that on 2 November, a member of staff found the same male resident on top of the victim, engaging in sexual activity with her.

Warwickshire Police were called and the man was arrested on the basis that she did not have capacity and was unable to consent.

He was interviewed by officers and released under investigation. However, no further action was subsequently taken by the police on this matter.

An investigation was then launched by the CQC, which found Clark had failed to adequately assess and mitigate the risks posed by the attacker and protect the woman from abuse and improper treatment.

‘Avoidable harm’

Her fine includes a £1,600 payment in court, costs of £8,240 to the CQC, which brought the prosecution, and a victim surcharge of £160.

The care home is operated by Runwood Homes Limited.

Amanda Lyndon, CQC deputy director of operations in the Midlands, said: “The registered manager’s failure to protect a vulnerable woman in its care from a resident who was known to present a threat is appalling.

“What makes it much worse is the harm she was subjected to was potentially avoidable if Denise Mary Clark had done what was required of her under CQC regulations and the safeguarding policy.”

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