Staffordshire Care Home Worker Jailed for Neglecting Residents with Dementia

A Staffordshire care home worker has been jailed for neglecting residents with dementia.

Noor Subhani, 29, of Burton Road, Branston, Burton-on-Trent, admitted a charge of ill-treating or wilfully neglecting a person without mental capacity when he appeared at Southern Derbyshire Magistrates' Court on Thursday, 5th November 2020.

Ill-treating or wilfully neglecting a person without mental capacity is an offence under section 44 of the Mental Health Capacity Act 2004.

The offence has a maximum penalty of 26 weeks' custody and/or an unlimited fine on summary conviction; 5 years' custody and/or an unlimited fine on conviction on indictment.

The court heard that Subhani, who was working at the Alexandra Nursing Home in Long Eaton, took photographs and videos as he humiliated and belittled four men under his care.

He would film or photograph them in embarrassing situations or repeating inappropriate phrases. In the background he could be heard laughing and making crude comments as the confused residents were made to "perform" for the camera.

The offence took place between 1st August and 18th September 2019.

Lynn Bickley, prosecuting, said: "Both he and the co-accused took photos and videos of the residents and sent them to each other.

"The co-accused sent one of the photos to a relative who called the police. She had been shown a video of a man in distress on the toilet.

"She said it was this defendant who sent it to her.

"The defendant was arrested and both phones were downloaded and there were videos and photos of residents in varying states of wellbeing and the two were making fun of them and their conditions.

"Some were seen to be friendly photos but some were disturbing.

"The care home manager confirmed they were carrying out an internal disciplinary process, the Care Quality Commission (CQC) had been informed and it had been reported to the police.

"They were dismissed for gross misconduct.

"The defendant had been employed as a care assistant for some months to deliver personal care for residents and would work in groups of two.

"They both worked at the Willow unit for dementia residents and they were trained to understand the complex needs of the residents in that unit.

"They were also aware they should not carry phones while on duty or have any recording equipment.

"The whistleblower said she had viewed the video and was horrified by what she had seen."

A victim impact statement by the daughter of one of the residents was read to the court.

In it, she said: "My father has had dementia for two years and needs round-the-clock care and does not have full mental capacity.

"I have always thought of the care home to be excellent and seemed to be well managed.

"In 2019 I was contacted by the police to say two carers were being investigated.

"[In one photo] I saw my father in an armchair in the communal room and he looked like he wasn't wearing trousers and he had a stained top and food on it.

"I felt sad because he looked unkempt and grubby. I felt he was being used and set up so the carers can laugh at his expense.

"I feel my father has been neglected by these staff members and it is despicable."

Denise Steers, mitigating, told the court that Subhani's co-accused had been handed a sentence of 16 weeks in custody suspended for 24 months.

She tried to persuade District Judge Andrew Meachin that a suspended sentence would be the most appropriate punishment for her client.

"He has abstained from offending for six years and hasn't done anything of this nature", Ms Steers said.

"If he goes to prison he will only serve half, but if you suspend his sentence that will be tougher on him than a short spell in prison."

The Judge was unmoved, saying that the offence was of such an appalling nature that only an immediate custodial sentence was appropriate.

Subhani was sentenced to 26 weeks' custody.

He was also ordered to pay £85 towards prosecution costs and £122 victim surcharge.

A spokesman for Alexandra Nursing Home said: "The health, safety and wellbeing of our residents are our top priorities. We have a zero-tolerance approach towards this type of behaviour which goes against everything we stand for as an organisation.

"At the time of these historic incidents, we acted immediately to suspend the individual in question and launched a full internal investigation.

"As a result, this individual was subsequently dismissed. Throughout this process we have worked closely with all the relevant authorities.

"We are grateful to the colleagues who raised concerns for their vigilance, in adherence with our whistleblowing policy, and for prioritising the safety and wellbeing of our residents.

"The team at the home work exceptionally hard to deliver kind, high-quality care to our residents, for which we are grateful for."