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Recent enforcement action has reinforced the serious consequences care providers face when window safety measures are not properly assessed, maintained or documented.
A care home provider in East Sussex has been ordered to pay more than £26,000 after a resident fell from a first floor window that did not have legally compliant safety restrictors fitted. The case highlights how easily an overlooked environmental risk can escalate into a life changing incident, regulatory action and a costly liability claim.
In July 2022 a resident fell from a first floor window at a care home operated by Crest House Care Ltd. The resident sustained multiple serious injuries including spinal fractures, a fractured femur, foot injuries and a scalp haemorrhage. The injuries required several surgical procedures and resulted in ongoing mobility problems.
Following an investigation, the Care Quality Commission confirmed the window could open beyond the legally permitted limit because appropriate restrictors were not in place.
Brighton magistrates fined the provider £10,000. Additional costs and a victim surcharge brought the total financial penalty to £26,764.47. The full BBC report can be read here.
Regulations require windows above ground level to be restricted so they cannot open more than 10cm. This is a clear legal duty rather than best practice guidance. Where providers fail to meet this standard, liability exposure increases significantly.
In this case prosecutors stated the provider failed to take reasonably practicable steps to manage a known risk. The CQC described the danger as clear and avoidable, emphasising that residents have the right to expect risks are properly assessed and controlled.
This incident also demonstrates how liability claims often arise from environmental risks rather than direct care delivery. Window restrictors, balcony access, stairwells and similar features frequently appear in serious injury claims.
Care providers should review window safety as part of routine premises risk assessments. This includes confirming restrictors are fitted, compliant and functioning correctly.
Risk assessments must be individualised where residents may have reduced capacity, mobility challenges or behaviours that increase the likelihood of falls.
Maintenance records should clearly evidence inspection schedules, repairs and upgrades. Documentation is often critical when defending a liability claim.
Any changes to windows, refurbishments or replacements should trigger a fresh compliance check rather than assumptions that existing controls remain suitable.
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The CQC has been explicit that failures to manage basic environmental risks will continue to attract enforcement action. Financial penalties are only one aspect of the impact. Providers may also face increased insurance scrutiny, higher premiums or coverage restrictions following serious incidents.
This case serves as a reminder that window restrictors are not a minor compliance detail. They are a fundamental safety control with significant legal, financial and human consequences if overlooked.
Our specialist care sector team supports providers with liability risk reviews, claims mitigation strategies and practical risk management guidance. If you would like to review your current arrangements or discuss how to reduce exposure to similar claims, get in touch with our team today.
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