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KCRH fined after worker Joan Daws became trapped in lift in Laleham Care Home

A care home company, where a home worker died in a lift tragedy, has been fined £60,000 for breaches of health and safety laws.

Grandmother Joan Daws, 64, died in October 2013 when she became trapped at the Laleham Care Home in Central Parade, Herne Bay.

Judge James O’Mahony told her family: “The court is not a perfect place for justice in such cases.

Care worker Joan Daws died after being trapped in a lift
Care worker Joan Daws died after being trapped in a lift

“If I were to impose a fine of millions of pounds it would not bring her back and I am profoundly sorry for you.”

He had heard how the home owners, KCRH, had been alerted to the potential threat, which could have been rectified with a sensor device costing £624.

The company pleaded guilty through its lawyers to two charges under Health and Safety regulations about ensuring the safety for employees and non-employees.

The judge added: “After her death the device was fitted for £1,100. Had it been done before, she would not have died.”

The lift at the Laleham Care Home where the tragedy happened
The lift at the Laleham Care Home where the tragedy happened

But he added: “Bad as it is, I do not detect and it is not suggested that there was a motive based on profit at the expense of safety, since money was spent on maintaining the lift.

“There were other shortcomings but it was a long standing systemic and causative failure of a duty of care to staff and other lift users.”

Prosecutor Pascal Bates told Canterbury Crown Court: “The defendants weren’t charged with causing the death of Mrs Daws, as in manslaughter,but of allowing risks to continue over a long period.”

Judge O'Mahony said that the lift “was a rather unusual one, which on the north side didn’t have anything to prevent contact with limb or clothing and the wall.

“And from an early stage it became apparent that there was a device which was available and had been recommended which would have stopped the lift from coming into contact and endangering people.”

Police were called to the Laleham care home
Police were called to the Laleham care home

The care home bosses said they didn’t install any device because of concerns that the lift might stop suddenly “and upset service users”.

Mrs Daws died after becoming trapped when the wheelchair she was moving became trapped.

Dominic Adamson, for KCRH, said: “The company wishes to express its profound remorse for the death of Mrs Daws. She was a much valued employee and is much missed by staff.”

He said the company didn’t install the sensor “because it didn’t think it was right for them but they were not deliberately flouting legislation.”

Canterbury City Council, which brought the prosecution, was awarded costs of £31,000 at the sentencing.

The council’s Nick Mayne said: “Managing health and safety risk in the workplace is of paramount importance and businesses must take it seriously.

"Mrs Daws would not have died had an electrical device been fitted to the lift, so her death was entirely preventable.

“We hope this case sends out a very clear message that we will take action against those that fail in their duty to keep their staff and customers safe.”

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