Woman cleared of killing her husband as jury rules couple were failed by social services
A pensioner accused of killing her husband who suffered from Parkinson's Disease has been cleared as a court hears social services failed them.
Joan Downing, 72, was charged with the manslaughter by neglect of her 82-year-old husband Maurice.
Police accused her of killing him by leaving him lying on the floor of their home for up to seven days, in pools of his own urine and faeces.However a jury of eight men and four women took just an hour to acquit her ruling that social services had failed the couple and left them in an "impossible situation".
Judge Johanna Cutts told the court that during the investigation into his death Slough Borough Council had admitted closing the case too soon and Mrs Downing's defence barrister suggested that social workers should have persuaded her to take up free social care that had been available to the couple.
Instead Mrs Downing was left to care for her seriously ill husband, who suffered from Parkinson's Disease in their small family home in Slough, Berkshire.
Within one month of taking over his care, her husband fell and she was unable to pick him up and he was left on their living room floor for up to seven days.
When Mrs Downing called an ambulance her husband's injuries were so severe he died in Wexham Park Hospital, Slough, five days later.
It was also revealed that a health check to establish whether he was eligible for free health care was carried out without her knowledge by a social worker who decided that he did not qualify despite suffering from Parkinson's and having been in and out of hospital on a number of occasions after serious falls.
Speaking after the verdict, Mrs Downing said: "It was certainly a worry, I myself am 72, I've got health problems. I've got diabetes and I fall over sometimes but I jump back up!
"I also have had mental issues too, I'm not well myself. I've spent time on psychiatric wards but I have always worked and looked after myself.
"My husband would be turning in his grave if he saw what I had to go through. It had been a worry, it has all been a worry and I am so relieved."
Slough Borough Council says it will hold an investigation into how the department closes cases and a review is due to be launched into how staff work with other care agencies to ensure other vulnerable people will be "protected" in the future.
A spokesman for Slough Borough Council said: "It is always with sadness that we learn that someone the council previously supported has died and we offer our condolences to the friends and family of Mr Maurice Downing.
"Mr Downing was previously supported by the council's adult social care services but upon moving in with his wife, care and support from the council was turned down.
"Following each capacity assessment, it was deemed that Mr Downing had capacity to make decisions about his care and treatment and as a result social care services provided by the council were refused. Health and social care services continued to monitor Mr Downing's care needs.
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| Joan Downing at Reading Crown Court Photo: INS News Agency |
"A review into this case by the Slough Safeguarding Adults Board in conjunction with the Safer Slough Partnership has been undertaken and since then a great deal of work has been done to drive forward improvements in social care procedures, particularly around how we close cases where someone with capacity refuses care and support.
"We have also reviewed how we work with other agencies to support the management and identification of risks when someone with capacity refuses care, and changes have been made to operational procedures.
"The council is committed to providing high quality social care and support to our vulnerable residents and is determined to learn the lessons from this case so that others are protected in the future."
Ian Glen QC defending had told the jury Mr Downing should have had two carers.
"Joan was put in an impossible position," he said.
"Social services themselves instructed that two carers would be needed for each home visit for Maurice, yet she was left to care for him alone.
"She did the best she could after social services closed the case too soon.
"It was a recipe for this tragedy."
Judge Cutts said, while summing up the case at Reading Crown Court, had said his widow had been worried about the cost of his care.
"The defendant had knowledge of her husband's ailments and knew how to care for him. She also knew there was help available including her GP, nurses and emergency services," she said.
"The prosecution says that by the time he was on the floor he was not wearing any nappies and she knew she could not clean him properly at home. He was cold and stiff and unclean.
"The defence says she was not competent to be a carer as she had no expertise. She was unwell herself and was uncooperative with social services she was worried about the cost of care. This was all known to the authorities. She did her best in all circumstance, all be it that that was incompetent."
The ordeal lasted 18 months.
http://health.einnews.com/article/306372897/xIx1lcedYE_t_K_v
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