Pamela Rodgers

Civil litigation has been raised on behalf of four bereaved families who are represented by PBW Law to address the failings at the care home and is pending whilst a decision on criminal charges is made.

In September 2020, the Crown Office said its investigation was ongoing and families would be kept up-to-date about significant developments – yet four years later the families have not received any decision, or indication of when a decision may be made.

Ten residents died at Home Farm Care Home during the first wave of the pandemic. Thirty people living in the home tested positive for Covid-19 and 29 staff tested positive. The private operator HC-One who ran the care home at the time has since sold the care home to NHS Highland.

The Care Inspectorate’s series of reports published in April, May and June 2020 detailed a litany of serious failings at the home following a series of unannounced inspections. Staff reported that residents had been left lying in urine and faeces, the kitchen was closed down for environmental health reasons, and the families had raised concerns that there were barely any infection control measures in place.

It was discovered that residents had lost weight during the lockdown and that medication was not administered safely or in a timely manner. Staffing levels were inadequate on numerous occasions and some staff were working sixty hours a week. Staff did not consistently use PPE in an effective manner in order to protect themselves and others from the risk of infection. The overall cleanliness of the home gave rise to serious concerns and infection control measures were lacking.

The Care Inspectorate subsequently applied for cancellation of the care service’s registration under the Public Services Reform (Scotland) Act 2010, however, this application was subsequently withdrawn only when an agreement was reached with NHS Highland to take over the home.

Pamela Rodgers, partner at PBW Law who is acting on behalf of the families, said: “The families are still waiting for answers four years on from the deaths of their loved ones. They are unable to move on from this. Whilst the families want a full, detailed and competent investigation, they have now waited patiently for the outcome of this for over four years. We need prosecutors to make a decision.

“We know there are serious concerns about the quality of care residents were receiving at the time, but our clients are heartbroken and frustrated by this radio silence. The families have already suffered bereavement in the most tragic circumstances, and this agonising wait is only making matters worse for them.”