Community Care Law Update

CARE HOMES

As a result of the Court of Appeal’s decision in Ellis v Bristol City Council [2007] EWCA Civ 685, [2007] All ER (D) 76 (Jul) shiny smooth floors should become a thing of the past in those care homes in which liquid spillages frequently occur. The case was brought by a care assistant, Ms E, who had worked in a care home for older persons with mental illness, many of whom were incontinent. She fell and injured herself having slipped in a pool of urine left in a corridor by a resident. She brought a compensation claim based on an alleged breach by the home of the Workplace (Health, Safety and Welfare Regulations)1992 (SI 1992/3004) (the regulations).
Corridors in the care home were made of shiny smooth vinyl. They were washed daily and buffed with a machine. They would become slippery when wet. Non-slip mats were placed on those sections of the corridors upon which urination most often occurred. In the case of Ms E’s