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Care home boss spared prison in abuse case
A CARE home manager with 23 years nursing experience has been given a suspended jail sentence after she physically used the arms of vulnerable residents with learning disabilities as "weapons" to punish another person in her care.
Jane Harris, 45, is the first person in the region and only the second in the country to be convicted since the provisions of the 2005 Mental Capacity Act came into effect two years ago making ill-treating or neglecting a vulnerable adult a specific offence.
Harris, of Priory Close, Conisbrough, Doncaster, was found guilty by a jury at Doncaster Crown Court earlier this month of six offences against three adults who were living at the supported NHS accommodation at 88 Travis Gardens in Hexthorpe, Doncaster.
The home of which Harris was in charge for several years is administered by the Rotherham, Doncaster and South Humber Mental Health Trust and has no connection with other homes nearby.
The jury heard how between May and August 2007 she grabbed the arm of residents to hit another woman in retaliation for her behaviour, pulling hair.
One of the women whose arm was used as a "weapon" was also epileptic and became very upset by what she was made to do.
The victims cannot be identified.
Appearing for sentence yesterday at Leeds Crown Court, Harris was given six months in prison suspended for 18 months with a 12-month supervision order and 150 hours unpaid work.
Recorder Simon Jackson QC told her it was a great shame a respected manager of an NHS care home should find herself convicted of such charges.
"These offences were committed against some of the most vulnerable people in our society, people who lacked the capacity to look after themselves and deserved your protection and care, and how we do that is a bench mark of our society.
"You were in breach of trust, not only of the residents whom you ill treated who were in your care, but also staff who looked up to you as their manager."
He said from the evidence it appeared she did not know how to cope with the challenging behaviour of one resident and began using the others by physically forcing them to slap her.
He praised staff who had reported what had happened telling Harris: "In all probability as a result of your convictions you will lose your career in nursing but this will be for others to decide."
The trial jury heard from care home assistant Kerry Maguire that one resident was known to pull other people's hair and after one such incident she had seen Harris run over, then use the arm of the woman whose hair had been pulled to hit across the head of the other resident, saying: "This is what I've started doing."
The incident was distressing for both parties involved, she said.
Harris denied at her trial that such incidents happened and claimed the allegations were made up by disgruntled staff.
Jeremy Lindsay for Harris said there had never been any disciplinary proceedings or complaints against her in the past.
The allegations were considered totally out of character and she already felt traumatised and punished by the proceedings in court and had yet to face disciplinary provisions against her within her profession.
After the case Detective Inspector Natalie Shaw of South Yorkshire Police praised the courage of staff at the home who came forward to report Harris's behaviour and testify against her.
"This lady was paid to look after and care for these people and they are the very people she ended up abusing."
She said it had been a complex two-year investigation with the support of the NHS Trust and Crown Prosecution Service.
"I'm just glad we have an Act now that caters for residents like this, some of the most vulnerable in society."
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Saturday 26 May 2012
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