Care Home Ordered to Improve After Sexual Assault Allegation

An elderly care facility in Rangiora, known as Bainlea House, has been ordered to raise its standards following serious allegations of neglect and a reported sexual assault involving a female resident. The allegations surfaced in July 2022 when the woman’s daughter lodged a formal complaint regarding her mother’s care, including claims of inadequate pressure injury management, significant weight loss, and the sexual assault allegation.

In response to the complaint, Bainlea House, which operates under the name Bainswood on Victoria, temporarily barred a man known to the resident from visiting her. Facility director Andrew Renwick acknowledged the staff’s professionalism during what he described as a “challenging scenario,” but admitted that the care home “had not achieved the right standard.”

An internal investigation initiated on August 1, 2022, led to police involvement about a week later. Despite interviewing the resident, officers concluded there was no clear evidence of sexual misconduct, resulting in the closure of the police file. According to the Health & Disability Commissioner (HDC), Bainlea House was found to have breached the Code of Health and Disability Services Consumers’ Rights by failing to deliver services with the necessary care and skill.

Investigation Findings and Policy Failures

Deputy Commissioner Carolyn Cooper highlighted significant deficiencies in the facility’s abuse and neglect policy, indicating it did not adequately guide staff on handling allegations of potential sexual abuse. Staff members reportedly failed to escalate the issue according to the severity required by the facility’s own protocols.

The investigation revealed numerous deviations from accepted care standards. These included improper handling of sensitive photographs taken of the woman’s genital area, poor management of her pressure wounds, and neglect of her dietary needs. The resident, who experienced partial paralysis and had difficulty swallowing following a stroke, needed full assistance with all aspects of daily living.

Clinical notes from July 2022 documented concerns raised by the woman’s welfare guardian regarding her frequent outings with the man and the condition in which she returned. Care staff later discovered signs of tampering with her incontinence wrap, as well as redness and swelling in her genital area.

In an effort to address the situation, caregivers obtained the woman’s consent—indicated by a nod and verbal confirmation—to photograph the affected area. These images were then shared with her daughter, who was not her legal welfare guardian. Bainlea House later acknowledged errors in the handling of both the photographs and the incontinence wrap, while asserting that consent had been appropriately sought.

Corrective Actions and Future Improvements

The facility also conceded that staff failed to directly inquire whether the woman had consented to sexual relations with the man, instead interpreting her distressed behavior as an indication of non-consent. In response to the findings, Bainlea House implemented a corrective action plan, which included enhanced staff training beginning in August 2022 and continuing through 2024. Training topics covered abuse prevention, sexuality and intimacy, privacy, communication, and critical thinking.

Cooper commended the facility’s corrective measures, describing them as “comprehensive and of good quality,” particularly emphasizing the focus on educating staff. The HDC recommended that Bainlea House issue a formal apology to the woman’s family, which the organization has since done.

Renwick confirmed that the facility accepted the findings and expressed confidence in their ability to learn from the situation. “We’re confident we can learn and improve for the benefit of our residents and their families,” he stated.

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