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Care Home Ordered to Improve After Sexual Assault Allegations

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An elderly care home in Rangiora has been instructed to enhance its care standards following severe deficiencies highlighted by allegations of sexual assault against a female resident. The incident prompted a complaint from the resident’s daughter in July 2022, raising concerns about pressure injury management, significant weight loss, and the serious allegation of sexual assault.

Bainlea House, also known as Bainswood on Victoria, took immediate action by temporarily banning a man associated with the resident from visiting her. Facility director Andrew Renwick acknowledged the professionalism of the staff during what he termed a “challenging scenario,” but conceded that the home “had not achieved the right standard.”

An internal investigation commenced on August 1, 2022, with police being notified shortly thereafter. Although the woman was interviewed, the police found no clear evidence of sexual offending, leading to the closure of the case.

Significant findings emerged from the investigation conducted by the Health & Disability Commissioner (HDC), which determined that Bainlea House breached the Code of Health and Disability Services Consumers’ Rights. According to Deputy Commissioner Carolyn Cooper, the facility’s policies regarding abuse and neglect were inadequate, failing to provide proper guidance for staff in handling allegations of potential sexual abuse.

Cooper’s investigation revealed multiple failings in care standards. This included improper management of photographs taken of the woman’s genital area, inadequate treatment of her pressure wounds, and neglect of her dietary needs. The resident, who had suffered partial paralysis and difficulty swallowing after a stroke, required full assistance with mobility, feeding, and communication. Despite her speech challenges, her short-term memory and awareness remained intact.

Clinical notes from July 2022 indicated that a nurse had communicated with the woman’s welfare guardian, who expressed concerns about the resident’s frequent outings with the man and the concerning conditions in which she returned. Caregivers later observed signs that her incontinence wrap had been tampered with, along with redness and swelling in her genital area.

Following these observations, caregivers photographed the affected area after receiving what they interpreted as consent from the resident. The images were shared with a daughter who was not the legal welfare guardian. Bainlea House admitted to mistakes in handling both the photographs and the management of the incontinence wrap. They maintained that consent had been sought but acknowledged they did not directly confirm with the resident whether she consented to any sexual relations, instead relying on her “distressed behaviour” as an indicator.

In response to the findings, Bainlea House has implemented a corrective action plan, which includes additional staff training that commenced in August 2022 and will continue through 2024. This training covers important topics such as abuse prevention, sexuality and intimacy, privacy, communication, and critical thinking.

Cooper praised the corrective measures as “comprehensive and of good quality,” particularly noting the focus on staff education. The HDC also recommended that Bainlea House formally apologize to the woman’s family, which the facility has since done. Renwick confirmed the organization’s acceptance of the findings, stating, “We’re confident we can learn and improve for the benefit of our residents and their families.”

This case highlights the critical need for robust policies, vigilant oversight, and compassionate care to protect vulnerable residents in aged-care facilities.

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