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August 16, 2015
Carers who concocted a lie to explain away a pensioner’s fall at a Birmingham nursing home and then delayed raising the alarm have been spared jail with relatives calling the sentence “appalling”.
Sabrina Duncan and Benter Ouma were handed a community order with unpaid work after admitting negligence over the incident at The Green Nursing Home involving 85-year-old Norah Boyle.
Duncan, aged 40 and a full-time staff member at the time, and agency worker Ouma, aged 32, were not responsible for the fall but were grossly negligent in their response, Birmingham Crown Court heard.
Mrs Boyle suffered a head injury in the fall as she slipped from a hoist while being put to bed by the care workers, and died 23 days later in hospital after developing pneumonia.
Her daughter, 57-year-old Ellen Boyle, said: “I’m appalled that that’s what they got for what happened to my mum, and what they didn’t do.
“I’m appalled that my mother’s life is only worth 12 months of a community order.”
Sentencing the two at the city court, Judge Mark Wall QC said it was a tragedy that as a result of their actions “there has been a lengthy investigation into what happened and a delay in the ability of her family to make arrangements for her funeral”.
Mr Wall ordered Duncan, of Albion Road, in Sutton in Surrey, and Ouma, of Summerfield Crescent in Edgbaston, Birmingham to each carry out 160 hours of unpaid work.
The judge said: “This is a tragic case because the person who was in your care and about whom this case involved, Norah Boyle, has died.
“It is obvious to me from the statement of her daughter Ellen Boyle that she was a deeply-loved woman and is now greatly missed.
“It is tragic, of course, that the circumstances of her death meant there has been a lengthy investigation into what happened and a delay in the ability of her family to make arrangements for her funeral.
“I must make it clear before sentencing that the prosecution have never brought a case to court based on fact either of you were responsible for her death.”
