Care Home Ordered to Enhance Standards After Assault Allegation

An elderly care facility in Rangiora, known as Bainlea House, has been mandated to improve its care standards following serious allegations of sexual assault against a female resident. The complaint was raised by the woman’s daughter in July 2022, highlighting issues related to pressure injury management, significant weight loss, and the more alarming claim of sexual assault during an outing.

In response to the allegations, Bainlea House, which operates under the name Bainswood on Victoria, temporarily prohibited a man known to the resident from visiting. Facility director Andrew Renwick acknowledged the difficulties faced by staff during this challenging situation but conceded that the care provided did not meet required standards.

An internal investigation commenced on August 1, 2022, with police involvement initiated shortly thereafter. Officers interviewed the resident but concluded there was insufficient evidence to support the sexual assault claim, leading to the closure of the police file.

Health & Disability Commissioner Finds Breaches

The Health & Disability Commissioner (HDC) later determined that Bainlea House breached the Code of Health and Disability Services Consumers’ Rights. Deputy Commissioner Carolyn Cooper noted that the facility’s policies concerning abuse and neglect were inadequate, failing to properly guide staff in handling allegations of potential sexual abuse. Staff members struggled to escalate the issue in line with the severity of the situation, as stipulated by the facility’s own policies.

Cooper’s findings, bolstered by insights from an in-house registered nurse, revealed numerous deviations from accepted care standards. These included improper management of photographs taken of the woman’s genital area, inadequate handling of her pressure wounds, and neglect regarding her dietary needs. The resident, who had experienced partial paralysis and difficulty swallowing following a stroke, required comprehensive assistance with mobility, feeding, and communication.

Clinical documentation from July 2022 indicated that a nurse had communicated with the woman’s welfare guardian, who expressed concerns about her frequent outings with the man, particularly regarding her condition upon return. Caregivers later discovered that her incontinence wrap had been tampered with, and her genital area exhibited signs of redness and swelling.

Policy Changes and Training Implemented

After obtaining consent from the resident, indicated by a nod and verbal affirmation, caregivers photographed the affected area and shared these images with a daughter who was not her legal welfare guardian. Bainlea House admitted to errors in the handling of the photographs and the management of the incontinence wrap but asserted that consent had been sought prior to taking the photos. The facility also acknowledged that staff failed to directly inquire whether the woman had consented to sexual relations with the man, instead relying on her “distressed behaviour” to interpret her consent.

In response to the findings, Bainlea House initiated a corrective action plan and began additional staff training in August 2022. This training will continue through 2023 and 2024 and covers critical areas such as abuse prevention, sexuality and intimacy, privacy, communication, and critical thinking. Cooper praised these corrective measures, describing them as “comprehensive and of good quality,” particularly highlighting the focus on staff education.

The HDC has recommended that Bainlea House issue a formal apology to the woman’s family, which the organization has since done. Renwick confirmed that the facility accepts the findings, stating, “We’re confident we can learn and improve for the benefit of our residents and their families.”

This case underscores the necessity for robust policies, vigilant oversight, and compassionate care in safeguarding vulnerable residents within aged-care facilities. The ongoing developments at Bainlea House serve as a reminder of the critical importance of maintaining high standards of care in environments designed to support our most vulnerable populations.