Operation Jasmine (Care Home Abuse)

Jessica Morden Excerpts

Wednesday 13th March 2013 Westminster Hall

[Nick Smith]

My hon. Friend makes a powerful point. All the evidence collected by the police in this long-running case must be brought to the public’s attention, so that it is open and available for them and they can form their own views about what happened.

On 1 March, at Cardiff Crown court, the key prosecution collapsed, when the director of care home owners Puretruce was deemed unfit to stand trial. Relatives have been left angry and despondent. In the meantime, the human cost has been devastating: there are 103 alleged victims, 60 of whom have died since 2005. That cannot be the lasting legacy of the inquiry, or the legacy for those who died and their families.

In a former job, I was a National Society for the Prevention of Cruelty to Children campaigner, and I saw terrible images of child abuse. The pictures that I have seen from Operation Jasmine are no less terrible. I was shown graphic photos of pressure sores that proved fatal, and of sores that were so infected that the bone beneath was visible. They were sickening, and in the words of one expert, the worst that they had ever seen.

A senior employee in one home has told me that the director sought tight control of the business. If full-time staff were off, no agency staff were brought in. Budgets were squeezed across the board, and even food and incontinence pads did not escape budget cuts. Six Puretruce care homes were investigated for alleged neglect. In my view, there was a systemic failure across many of the homes, with residents’ care being compromised. It led to what police have called “death by indifference”.

In July 2007, the director was arrested on charges covering both neglect of residents and financial irregularities, but the charges of neglect faltered as the bar for conviction was said to be very high.

[Jessica Morden (Newport East) (Lab)]

I congratulate my hon. Friend on securing this debate for the families, the police and the Health and Safety Executive who have worked so tirelessly on this case for many years. The central issue here is that proving deliberate acts of harm is relatively straightforward, but proving deliberate neglect is hard, so does he agree that that is something the Minister should consider urgently?

[Nick Smith]

I agree with my hon. Friend, and it is one of the direct questions that I intend to ask the Minister.

In 2011, the Health and Safety Executive became involved, too, in the hope that its additional evidence would be the final push over that bar. Sadly, that did not happen. Instead, the charges against the director, who had a GP practice and 26 care homes across south Wales—a profitable empire—will lie on file.

A small number of convictions have been secured in relation to the neglect of elderly people, but no one served a custodial sentence. We have to ask ourselves whether that sorry conclusion could have been avoided. MPs have been told that a change in the QC part way through the case brought a different perspective as to the likely success of the case. We know that the Crown Prosecution Service decides the charges and the standard of evidence it requires, but given the enormous quantity of evidence collected, it does beg questions about the evidence threshold, how Operation Jasmine progressed and the management of the operation. It is clear, as others have said, that local police worked very hard on this case, but the results do not match that fine effort. Was there a well founded and unified understanding between the CPS and the police about what evidence was needed?

Given that the case took seven years, did anything slow down the operation and how could such roadblocks be avoided in the future? What advice does the CPS give to the police and others investigating abuses in care, and does it have a plan for lowering the bar for prosecutions in the future? Were high-level project management tools brought to bear on this investigation from the start, and is the legal definition of “neglect” fit for purpose in cases such as this?