Care Home charged with Corporate Manslaughter

16 April 2015

Sherwood Rise Limited, owner of the Autumn Grange Care Home in Nottingham has been charged under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA).

The charge follows an investigation into the death of Ivy Atkins in November 2012, just days after she was removed from the Autumn Grange Care Home. Three directors, who are owner-managers of the company, are charged with gross negligence manslaughter and made their first appearance, alongside the company, at Nottingham Magistrates Court on 14 April with their next hearing scheduled to take place on 12 May at Nottingham Crown Court.

This is only the second corporate manslaughter case under CMCHA resulting from a fatality of a person who was not working for the defendant company at the time of the death. The first case was Prince’s Sporting Club which involved the death of an 11 year old girl who was killed on a banana boat ride.

Convictions for corporate manslaughter have gathered pace since the enactment of CMCHA. Pyranha Mouldings Limited (“Pyranha”) was recently fined £200,000 and ordered to pay court costs of £90,000 following the death of an employee when he became trapped in an industrial oven. The Managing Director of Pyranha was also found guilty of two charges under the Health and Safety at Work Act 1974 and was sentenced to nine months in custody suspended for two years and fined £25,000. This was followed shortly by the conviction of a timber company from Northern Ireland, A. Diamond and Son Ltd, which was fined £75,000 following its conviction on 28 January 2015.

A number of further cases are due to be heard in the course of 2015.

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