Whilst it is frustrating for those awaiting the sentence that will be meeted out to Firstport Retirement following their admission of four breaches of the Health & Safety Act, should be aware that the delay may well be indicitive of the severity of the judgement.?
Legislation concerning Health & Safety breaches were amended in 2016 which dramatically increased the penalties for companies that breach the act, especially where injury or death has occurred.
In considering any sentence a Judge has a legal process to abide by.
He must decide what level of breach has occurred.
That level can be as simple as a breach of paperwork, an oversight or error that would have little chance of causing injury (and even if it did injuries would only be very minor) At the highest end it can involve corporate manslaughter charges being brought. The Judge will take into account, if the breach was an isolated incident for a company that otherwise has had a good safety record.
The Judge would place the level of breach into the most appropriate category. In this case it may well be in the "High" category.
The consequences of the breach is another factor the Judge will be mindful of.
So if no injury is caused this will put the breach into a lower category, whilst injury or death substantially raises the category of offence.
Once the Judge has decided on the level of offence the next task for him is to decide on the penalty.
The recent change in legislation was in order that breaches of Health & Safety Acts was in order to give substantial fines to transgressers , especially where injury or death have been the consequence.
Now a penalty is related to company turnover, and whether a company is classified as Mini, Small, Medium, Large.
Firstport Retirement does apear to come into the "Medium" category.
In a recent case involving Shaftebury Care Group it was found that:
The fire doors had been wedged open,
There were a number of fire extinguishers that had been condemned by the company's appointed contractor,
The company had not carried out actions identified by the Fire Risk Assesment.
The case followed a fire that had broken out in the care home trapping a resident in her apartment (fortunately the Fire Brigade were able to rescue her and she made a full recovery)
Shaftesbury Care Group received a fine amounting to 380,000 pounds plus 29,000 pounds costs.
When setting a level of fine the new legislation guides statethat:
"The fines must be sufficiently substantial to have a real economic impact which will bring home to both management and shareholders the need to comply with Health & safety legislation"
Given the guilty plea for four very serious breaches of Health & Safety legislation for a development designed for elderly and infirm residents and that a death was a consequence of their failings, it is not inconceivable that a penalty in the 1m pounds range is being considered, which could push Firstport Retirement into administration?
