Carer sentenced to 150 hours community payback for assaulting patient

24/07/2014

Jean Kelly a 56-year-old carer, from Southampton was sentenced today at Southampton Magistrates' Court to 150 hours community payback for the common assault of Joanne Nethercott,43, a resident of TrueCare home in Woodlands who suffers from learning disabilities. She was also ordered to pay £200 compensation to the victim.

Following the sentence Tim Cole, Senior District Crown Prosecutor for the Crown Prosecution Service in Wessex said:"Jean Kelly's role was to care for her  patients. Having been a carer for thirteen months for TrueCare an assisted home  for people with severe learning disabilities, she knew perfectly well that her job would have involved dealing with residents with different types of learning disabilities.

"Joanne Nethercott was a resident of Truecare Home and suffered from a severe form of epilepsy, serious learning difficulties, limited cognitive ability and has non- verbal communication disabilities. On September 3, at about 00:30 she fell asleep on the sofa and had to be assisted by her carers to get up and go to bed.

"One of these carers was Jean Kelly. While she was assisted  Ms Nethercott  scratched Jean Kellys face. At  about 5 oclock in the morning Ms Nethercott woke up and required a bath.  She went to the stairs, and sat down and refused to move.  Having gone to draw the water for the bath and having taken other steps to encourage the victim to come down Jean Kelly grabbed the victim by the ankles and bumped her down the stairs to take her to the bathroom.  Although no visible injuries were found, the other carer knew that Jean Kellys actions were wrong and reported the incident to her manager.

The other carer gave evidence at the trial and the Magistrates found that her evidence was compelling.

"After hearing the prosecution and the defences case the Magistrates were satisfied that Jean Kelly was guilty of common assault."