Quentin assists Care Home Group in avoiding prosecution in Health and Safety investigation.

HC Limited runs a successful group of care homes specialising in the housing of troublesome youths and young adults. An incident occurred at one of their homes whereby one of the youths in their care throttled a caretaker employee, causing him to lose consciousness. The employee was briefly hospitalized.

As is their duty, HC Limited submitted a RIDDOR report to the local authority who began a criminal investigation. The matters under investigation were whether offences had taken place under s2 of the Health and Safety at Work etc. Act 1974 and whether the directors of the company may be personally liable under section 37 of the Health and Safety at Work etc. Act 1974. As a result of the investigation the company and its directors sought experienced counsel with a background in Health and Safety law. They instructed criminal defence barrister Quentin Hunt to look after their interests on a direct public access basis.

Upon instruction Quentin’s aim was to avoid the company, or the directors, facing criminal prosecution. Quentin took detailed instructions from the clients and conducted an independent review of their processes and procedures. He then liaised with the investigating officer at the local authority, making sure that relations were good between the company and investigator and ensuring that materials that were beneficial to the company were presented to the investigator. Quentin was also able to arrange for statements from witnesses to the incident to be taken and presented to the local authority and was able to be present during the interviewing of the caretaker who had been injured, making sure that the interests of the company and directors were properly represented.

Towards the end of the investigation process Quentin was able to present a detailed package of evidence demonstrating the processes and procedures that the company had in place in order to prevent such an event happening in the future. Quentin also made detailed representations to the investigator that prosecution was not appropriate in the circumstances of the case.

Following brief consideration, the Local Authority notified Quentin that they would not be pursuing criminal prosecution against either HC Limited or the directors. Quentin’s clients were naturally delighted with the result and were able to continue trading as usual without any impediment.

When facing criminal investigation, you may wish to have experienced and effective representation at an early stage in proceedings. Quentin Hunt is a criminal defence barrister who specialises in the representation of companies and professional individuals at the pre-charge stage. He accepts instructions both through solicitors or directly from companies and individuals. His aim in all cases is to ensure that proceedings are concluded swiftly and in his clients’ favour. If you find yourself under criminal investigation you may contact Quentin for a free, no obligation discussion about your case.