Liability Claims and Window Restrictors – A Critical Update for Care Homes

Falls from Height: A Serious Risk for Care Homes

One of the unfortunate incidents we regularly encounter under care home insurance policies is falls by residents from height, typically from windows or balconies. These accidents can be devastating for everyone involved, often resulting in severe injuries and, tragically, can sometimes be fatal. Beyond the emotional and physical toll, these incidents frequently lead to substantial insurance claims.

The Importance of Risk Assessments

Providers have long been required to manage the risk of falls through comprehensive risk assessments. These assessments must focus not only on the premises but also on specific individuals who may be at higher risk. Residents who have a history of attempting to leave the premises or those particularly vulnerable to falls require extra attention. Unfortunately, claims often arise when these assessments are not carried out thoroughly, particularly for newly admitted or relocated residents.

CQC Prosecutions: A History of Non-Compliance

Historically, the Care Quality Commission (CQC) has prosecuted care home providers in cases where appropriate risk assessments were not conducted, and measures to prevent such accidents, like fitting window restrictors, were not implemented or maintained to required standards.

New CQC Guidance: A Higher Level of Protection

However, recent updates to CQC guidance suggest that providers may now need to go beyond the previous recommendations. The updated guidance highlights the need for care homes to assess whether residents might actively attempt to tamper with or detach window restrictors, potentially rendering current fittings insufficient to prevent falls.

The Inquest: What Prompted the Change?

This shift follows a recent inquest where a resident tragically died after defeating window restrictors without using any force or tools. Despite the home being secure, with correctly installed and maintained window restrictors, the resident was still able to overcome the safety measure. The court concluded that current guidance for care homes did not adequately cover the possibility of residents tampering with restrictors, even though research by the Health and Safety Executive (HSE) had already examined the forces these devices could withstand.

Future Prevention: Amending the British Standard

As a result, a prevention of future deaths report was issued, and it is now proposed that the British Standard for window restrictors will be amended to address both the load restrictors can withstand and the allowable gap for window openings.

Moving Forward: What Care Homes Should Do Now

Providers should stay updated with the latest guidance from the CQC, ensuring that any new requirements regarding window restrictors are implemented promptly. Doing so will not only enhance resident safety but also help mitigate the risk of serious incidents and potential liability claims.

For further clarification and updates, care homes are advised to refer directly to the CQC and monitor developments regarding the new British Standards. Ensuring safety through compliance with these evolving standards is vital in protecting both residents and care home operations.