Care home boss neglected residents while he went to the bookies (From The Wiltshire Gazette and Herald)

Care home boss neglected residents while he went to the bookies

1:38pm Thursday 17th January 2008 in Swindon By Gazette Reporter

A care home boss who left three mentally handicapped men in a hot car for more than three hours while he went to a bookies and amusement arcade has walked free from court.

Chris Williams, 43, and member of staff Agnes Price, 41, abandoned the three residents, who all have severe learning difficulties, one afternoon in September last year.

A passer by called the police when the men had been in the vehicle for about two hours because he was concerned for their welfare as they seemed distressed.

The windows of the car were closed and steamed up and when the police arrived and one of the men was trying to remove his t-shirt while the others were still in their coats.

Although the doors were not locked the men were stuck in the back seats as the child locks were on meaning they could not open the rear doors.

One of the officers described the heat from the car when the door was opened as being like getting off an aeroplane at a hot holiday resort after flying in from cooler climes.

Claire Marlow, prosecuting, told Swindon crown court that the three men, aged 45, 56 and 25, were in a care home run by Williams on Whiteman Street.

None of them have the ability to speak, she said, while the youngest was also clinically deaf and should not be left alone for their own safety.

She said the men, who had varying degrees of learning difficulty including Down's and autism, communicated in varying ways through touch and gesture.

They had little or no awareness of danger but were all fully mobile but needed full time help.

Miss Marlow said at about midday on Thursday September 6 Williams and Price left he three men in the back of a blue Ford Galaxy on Ferndale Road.

The windows were closed and although the keys were in the ignition and the doors unlocked, though the child locks were set, there was no air conditioning.

Williams was seen in the Tote bookmakers playing on the gaming machines at about 1.20pm by a member of staff.

The court heard that he also visited a nearby amusement arcade and was later found in the nearby William Hill bookies.

When he was interviewed Williams, who has been care manager at the home for 13 years and worked in the industry for 25 years, admitted all three were incapable of looking after themselves.

He said he thought he had left a window open an inch and thought he had left them for about one and a half hours, but accepted losing track of time.

In the bookies he said Price had asked him to go back to the car but he said no' as he would not be long.

Price also told of asking him to return to the vehicle but said the police arrived before they went out.

Williams, of Whiteman Street, and Price, of Cricklade Road, admitted the wilful neglect or ill treatment of three adults with learning difficulties.

Rob Ross, defending, said his clients were full of remorse for what they had done saying they knew it was wrong.

"People with these disabilities need extra special care and these people behind me failed them," he said.

As a result of the incident he said they had both lost their careers in caring with Williams working as a driver for Hertz and Price on the nightshift at Tesco.

Williams was also having to sell a pub his wife owns to settle their debts.

"Both accept that their behaviour that particular afternoon was reprehensible," he said.

"They are genuinely remorseful and upset about what they have allowed to happen and they both accept that they have paid in many ways already for what has happened."

On the day of the offence he said the men were due to go to a day centre but it was closed due to staff problems.

He then decided to take the men with him as he went about what he had to do including getting money from the bank to pay for a holiday for the residents at the home.

He said the crux of the offence was that the men should not have been left for more than five or ten minutes at the most.

Passing community orders Judge Douglas Field said "Each of you had the responsibility for the care and welfare for three men who had severe learning difficulties. All were in effect completely helpless and entirely dependent on you for their care.

"On the afternoon in question you left them unattended in a vehicle for something over three hours. This is a very serious breach of your responsibilities. It was a warm afternoon.

"These three men must have suffered considerable distress and discomfort as a result of this. It is fortunate that they didn't require medical assistance.

"This was a case in my judgement of selfish neglect rather than intentional cruelty. You two chose to go to the bookmakers and you Mr Williams chose to go to an amusement arcade ignoring the needs of your charges and that is inexcusable."

He ordered Williams to do 300 hours of community service and Price 250 hours with £125 costs each.

Had he felt it was intentional cruelty he said there would be no doubt he would be passing an immediate jail term.