Care Home Defence Service
Police Prosecutions of Care Homes
The following article focusses on the criminal prosecutions of care home owners.
We Represent Care Homes and Care Establishments in Police and Crown Prosecutions
Criminal Prosecutions of Care Home Owners
Care Home Defence Service can advise and represent those individuals who are prosecuted for alleged crimes when operating a care home.
The police (and the Crown Prosecution Service) will prosecute care home owners where a criminal offence has been committed. Prosecutions can fall into a number of categories, as set out below. Police prosecutions are separate from CQC prosecutions.
Example Cases
Fraud and Dishonesty Offences
Fraud can take a number of forms. Where vulnerable clients are defrauded the police and the courts will take a serious view of such conduct.
In the case of Booth & Anor v R. [2020] EWCA Crim 575 (April 2020) two individuals appealed their convictions relating to their conduct when running a care home. The appeals were dismissed.
David Barton and his colleague Rosemary Booth were convicted of perpetrating fraudulent offences against care home residents. Mr Barton was said to have obtained over £4 million pounds from residents and that he attempted to obtain a further £10 million pounds through his actions towards care home residents. Ms Booth was said to have conspired with Mr Barton to defraud the elderly and vulnerable residents who were residing at the care home.
The Court of Appeal noted (at para 17) that:
In his sentencing remarks, the judge said that “this case is one of the most serious cases of abuse of trust that I suspect has ever come before the courts in this country”. He described David Barton as a “despicably greedy man”. He said that there was “effectively a web of deceit and dishonesty.” The judge referred the two conspiracies to defraud perpetrated upon Mr and Mrs Willey (counts 19 and 22) as being perhaps “the most brazen I have ever come across”.
Sentences of imprisonment were imposed as follows.
| 1 | Conspiracy to Defraud Patricia Anderson-Scott | David Barton: 6 years | |
| 5 | Theft from the estate of Patricia Anderson-Scott | David Barton: 2 ½ years | Concurrent |
| 7 | Theft from Margaret Pinnington | David Barton: 5 years | Concurrent |
| 8 | Theft from Margaret Pinnington | David Barton: 2 years | Concurrent |
| 15 | Fraud relating to the estate of Rita Gibson | David Barton: 1 ½ years | Concurrent |
| 16 | Conspiracy to Defraud Ronald Ward-Howlett | David Barton: 6 years Rosemary Booth: 2 years |
Consecutive |
| 19 | Conspiracy to Defraud Katie Willey and Gordon Willey | David Barton: 8 years Rosemary Booth: 4 years |
Consecutive Consecutive |
| 22 | Conspiracy to Defraud the estate of Katie willey and Gordon Willey | David Barton: 8 years Rosemary Booth: 3 years |
Concurrent Concurrent |
| 24 | False Accounting re Choice Classic Ltd | David Barton: 15 months | Concurrent |
| 25 | Transferring Criminal Property | David Barton: 1 year | Consecutive |
While the above case is at the extreme end of seriousness, the police and crown prosecution will prosecute any alleged theft or fraud that is committed against elderly and/or vulnerable care home residents. On occasions, care home owners are falsely accused of committing crimes against their client group and they therefore require carefully prepared defences.
Health and Safety Breach Prosecutions
CRIMINAL CASE REPRESENTATION
Care Home Defence Service represents care homes and other care establishments in criminal prosecutions brought by the police. For advice use our Contact Form.
APPEALS:
CRIMINAL APPEALS
INQUEST APPEALS
OFSTED APPEALS
CIW APPEALS
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