Elderly man found dead in care home car park after staff lied about hourly checks
Hugh Kearins, 77, absconded from Chester Park care home in Glasgow's Kinning Park in the early hours of Boxing Day 2022.
His body was discovered six hours later, despite staff members' falsified claims that they had checked on him through the night.
Oakminister Healthcare Limited – who own the home – pleaded guilty to a breach of health and safety guidelines.
Glasgow Sheriff Court was told that due to the nature of the plea of guilty, the company did not cause Mr Kearins' death.
Their guilt is in relation to failing to ensure a system of work was in place to make sure the internal fire alarm door was active.
The court heard that Mr Kearins suffered from dementia and was at risk of 'absconding or wandering.'
A care plan was in place for Mr Kearins to be monitored every hour by members of staff.
Prosecutor Blair Speed said: 'At 1am, he made his way into the corridor, opened a stair gate and walked downstairs from the first floor.
'There was an additional gate at the bottom of the stairs, which he descended and was able to get through that gate as well.
'He then walked along the corridor where the internal fire door is located before he exited down another flight of stairs through the external fire door, which brought him out on Lambhill Street.'
Mr Kearin's body was recovered by police around 7am next to a van with the care home logo on it.
The top half of his body was on a grass area next to a tree while the other half was on a kerb and tarmac area.
Mr Speed said: 'A senior care assistant and a care assistant who had responsibility for his care falsified care records.
'They falsely stated that they performed tasks involving Mr Kearins at the time when he was no longer in the care home.
'A close observation chart completed by the senior care assistant stated he had checked on Mr Kearins every hour between 2am and 8am.
'Both carers were unaware that he was not in his room until news of his death became known in the home following the discovery of his body in the car park.'
The carers were subsequently dismissed from their employment and are currently under investigation by the Scottish Social Services Council.
It is not known who the staff member was who last had access to the internal fire door.
Since the incident, the company have implemented a new system where every point of exit and entry is checked at the end of each shift to make sure the alarms are active.
An alarm has also been installed at the top of the stairs outside of Mr Kearins' old room, which will alert staff of someone in the area.
Mark Moir KC, defending, told the court that the company offers its condolences to Mr Kearins' family.
The advocate said: 'He was a much loved resident for many years.
'The company accepts its failings. The reason the door was left unalarmed was because of maintenance work which was being carried out.
'An agency nurse was given a key, and it was not re-activated, and this was why the door was not activated.
'I do not blame the builders in any way – there is a need to ensure the safety of the residents, but this was a background to the matter.'
It was revealed that the company's turnover in 2024 was £11,865,534.
Sheriff Joan Kerr fined the company £53,750 which will be paid over the course of the next six months.
She said: 'I wish to make it clear that the court recognises that the fine cannot compensate and no fine can be adequate
'The court sends its sincere condolences for his loss.'
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