Manager jailed after care home fall death 'cover-up'

The manager of a care home where an 84-year-old fell from a wheelchair and later died has been jailed after attempting to cover up what happened.

Shirley Froggett died of pneumonia in November 2018 after suffering a broken femur in September at the New Lodge Nursing Home in Mickleover, Derby.

Derby Crown Court heard Froggett's wheelchair did not have a functioning lap belt when she fell, despite care plans stating she should be strapped in, which Judge Martin Hurst said was an "extraordinary state of affairs".

On Friday, care home manager Lindsey Foster, 66, who pleaded guilty to perverting the course of justice, was sentenced to 37 months in prison.

Prosecutor Andrew Fitch-Holland told the hearing that in September 2018 Froggett suffered a "serious injury", which was caused by a "failure" from management at the care home to provide her with "appropriate care".

He added family members were concerned by the "unsuitability" of the wheelchair provided by the care home, which was never fastened on the "numerous" occasions the family visited the home.

The court heard that on 19 September 2018, Froggett had a fall when unobserved, with the family notified at 19:00 GMT that she had "shuffled off the chair" and there was "no need for concern".

Judge Hurst said the following day the family visited and it was "perfectly clear" that Froggett had been seriously injured.

Fitch-Holland said it was more than 24 hours after the initial fall that an ambulance was called, and paramedics questioned why they had not been called earlier.

The prosecutor said Amar Muneer, a nurse at the care home, failed to conduct his own assessment of Froggett, and failed to call a doctor for her.

The court heard the fractured femur was not noticed by Royal Derby Hospital until three days later.

Froggett's condition "deteriorated" in hospital and she died of pneumonia on 8 November 2018.

"By then the cover-up of what had happened had already begun," Judge Hurst said.

Prosecutor Fitch-Holland said following Froggett's death, a number of written accounts were made concerning the circumstances of her fall.

The court heard care workers Nakeeba Akhtar, 34, and Prabina Thapa, 38, provided false statements, after being advised by Foster, which said Froggett was restrained in her chair.

Foster then repeated that Froggett had been restrained in her chair to the Care Quality Commission (CQC) and to a coroner.

A staff member later overheard false narratives being discussed about the care provided to Froggett, which was then reported.

Judge Hurst said: "If there hadn't been a whistleblower or investigation, I'm quite confident this wouldn't have been brought to light."

A victim impact statement, read to the court by Elaine Froggett, Shirley's daughter-in-law, paid tribute to the mother of two and grandmother of six, who was a "keen tennis player" and "wonderful cook".

Elaine said the family wanted to remember the "lovely memories" and "happy thoughts" of Shirley.

Speaking to the defendants, she added: "You must live with the consequences of your actions and live with your consciences forever.

"I will never understand how carers could act in such a callous, cold and calculating manner."

In defence for Lindsey Foster, of St John's Road, Stoke-on-Trent, William Bennett said his client had asked him to make a "public apology" to the family.

"It would seem she is racked by guilt to the point of self-loathing. In my submission that guilt is genuine, and that's something the court can take into account. There is real remorse in this case," Bennett said.

Thapa, of Cilffordd Y Coed, Cardiff, and Akhtar, of St Chad's Road, Stoke on Trent, both admitted perverting the course of justice by providing false statements and were handed suspended sentences of 11 months and 13 months respectively, as well as being ordered to pay costs of £2,282.

Thapa was ordered to do 200 hours of unpaid work, with Akhtar given 251 hours of unpaid work as well as 25 days in rehabilitation.

Muneer, 48, of Blackpool Street, Burton-upon-Trent, who admitted wilful neglect, was given a fine of £600 and ordered to pay costs of £2,282.

In 2022, New Lodge Nursing Care Limited was fined £30,000 for failing to provide safe care and treatment to a resident, resulting in her being exposed to a significant risk of avoidable harm.

It was also ordered to pay a £170 victim surcharge and a contribution to prosecution costs of £7,500 to the CQC.

Foster was also ordered to pay a fine of £800, a contribution to prosecution costs of £105.22 and a victim surcharge of £80, all in 2022.

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