Charity fined £30k for health and safety breaches after employee death

A mental health charity has been fined £30,000 and ordered to pay £20,000 in costs for failing to protect an employee who was stabbed to death by a paranoid schizophrenic.

Ashleigh Ewing, a 22-year-old support worker at Mental Health Matters, was attacked by Ronald Dixon in his home in 2006. Dixon admitted manslaughter by reason of diminished responsibility.

Mental Health Matters pleaded guilty in Newcastle Crown Court to a breach of s. 2(1) of the Health and Safety Act 1974 for failing to do all that was reasonably practicable to ensure her safety.

The charity had been aware of Dixon’s history of violence, his refusal to take his medication and that his condition was worsening. Ewing was nevertheless sent to visit him alone at his house.

The prosecution accepted that her death was not caused by Mental Health Matters, but said further risk assessments and training should have been carried out to protect her. Prosecutor Kevin Donnelly said: “Mental Health Matters failed to identify and respond to the increasing risks to which Ashleigh Ewing was exposed in the course of employment.”

For the defence, James Maxwell-Scott said the charity “unreservedly wishes to apologise to her family and the court for the failing which it admits. Mental Health Matters is deeply sorry that this tragedy occurred and its thoughts and sympathies are first and foremost with the family.”

Ewing’s family said in a statement: “It was tragic that she had to pay with her life so that lessons could be learned which might save lives in the future.”

The Health & Safety Executive brought the prosecution. Its head of operations, Pam Waldron, said: “This is an unusual case which shows the need for employers to assess the risks to employees who visit individuals in their homes and for arrangements to be reviewed when changes occur. We believe that if Mental Health Matters had carried out a risk assessment, it would have resulted in the visiting arrangements being reviewed.”

The HSE said working alone is not in itself against the law, and it will often be safe to do so. However, it added, the law “requires employers and others to think about and deal with any health and safety risks before people should be allowed to work alone”.

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