A CARE HOME operator has been ordered to pay £33,230.79 by a court, after a resident fell from a roof attempting to leave the premise.
A recent ruling at Kidderminster Magistrates’ Court has resulted in a fine exceeding £33,000 for Milkwood Care Ltd, the operator of Ganarew House Care Home in Herefordshire.
The prosecution, brought forward by the Care Quality Commission (CQC), focused on a serious incident where a 98-year-old resident with dementia sustained injuries after falling from a roof.
Details of the Incident and Legal Findings
Milkwood Care Ltd pleaded guilty to a single count of failing to provide safe care and treatment to a resident. This offence is contrary to Regulations 12 and 22 of the Health and Social Care Act 2008.
It was reported that the unfortunate incident occurred in June 2021, when Mrs. Cox accessed a first-floor shower room and exited through a window onto a flat roof approximately eight feet from the ground. She was seriously injured after falling while trying to lower herself from the roof, resulting in her being unable to walk.
A report states that the window through which she exited was not fitted with a window restrictor that complied with national guidance.
This fall occurred was only around one year after she joined Ganarew House in March 2020.
It was said that over previous approximately 6 months, the same resident has attempted to leave the care home five times via a window.
Focus on Safety Failures
A CQC investigation revealed that the window in question, while having a built-in restricted hinge, was not fitted with a window restrictor that complied with national guidance.
The CQC concluded that Milkwood Care Ltd failed to ensure the safety of Ganarew House and that adequate window restrictors were in place.
The Penalties
The court ordered Milkwood Care Ltd to pay a total of £33,230.79. This sum comprises a £6,000 fine, costs of £27,040.79 to the CQC, and a victim surcharge of £190.
Amanda Lyndon, CQC’s Deputy Director of Operations in the Midlands
Amanda Lyndon, CQC’s deputy director of operations in the Midlands, stated that the incident was “awful and preventable,” emphasising that staff were aware of the resident’s repeated attempts to leave.
She further underscored that, while “majority of providers do a good job”, the CQC’s commitment to using its regulatory enforcement powers when providers place people at risk of harm.
Implications for Care Home Safety
This prosecution serves as a powerful reminder to all care providers of their obligation to manage risks effectively and uphold the highest standards of resident safety and wellbeing.
Adherence to national guidance on equipment like window restrictors is essential to prevent avoidable harm, particularly for residents living with dementia who may have a tendency to abscond.
Summary
Legal Action and Guilty Plea
Milkwood Care Ltd pleaded guilty to failing to provide safe care (contrary to the Health and Social Care Act), resulting in avoidable harm to a resident.Safety Failure and Incident
The prosecution stemmed from a serious incident in June 2021 where a 98-year-old resident with dementia fell from a first-floor roof after exiting an accessible window that was not fitted with a compliant restrictor, leading to a serious injury.Financial Penalty
The care home operator was ordered to pay a total of £33,230.79, including a £6,000 fine and substantial costs to the CQC.
Sources & References
Source: Hereford Times Article: Company ordered to pay after Ganarew House Care Home incident. [Accessed 04 December 2025].
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This article was published: 4th December 2025.