Mental health charity fined after death of support worker

Mental Health Matters Ltd, a North East-based registered charity has been fined £30,000 with costs of £20,000 after one of its employees was killed by a service user.

Ashleigh Ewing, a 22-year-old support worker employed by Mental Health Matters, was attacked and killed by service user Ronald Dixon in 2006.

Mental Health Matters provide support and housing services to people who suffer from mental health problems. They pleaded guilty to a charge brought by the Health and Safety Executive for a breach of Section 2(1) of the Health and Safety at Work Act 1974 for failing to do all that was reasonably practicable to ensure Ms Ewing’s safety.

Newcastle Crown Court heard that Ashleigh Ewing was visiting Ronald Dixon at his home in Heaton, Newcastle upon Tyne on 19 May 2006 when she was attacked and stabbed to death. Ashleigh had started work with Mental Health Matters exactly six months prior to the date of her death. The attack occurred on the final day of her probation period.

The prosecution told Mr Justice Keith that Ashleigh’s employment by Mental Health Matters exposed her to certain obvious risks, particularly in the context of her dealings with Mr Dixon. The court heard that Mr Dixon’s mental health was known to be deteriorating and Mental Health Matters failed to respond to a number of warning signs. The court also heard that they failed to afford Ashleigh the level of protection that the nature of her job warranted.

Prosecutor Kevin Donnelly said: "The prosecution does not suggest that Ashleigh Ewing's death at the hands of Ronald Dixon was an event that could or should have been foreseen.

"Mental Health Matters failed to identify and respond to the increasing risks to which Ashleigh Ewing was exposed in the course of her employment."

But he added: "It cannot be said that the failings of Mental Health Matters caused Ashleigh Ewing's death."

Mrs Pam Waldron, HSE’s Head of Operations said: "This is an unusual case which shows the need for employers to assess 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."

James Maxwell-Scott, defending, said: "Mental Health Matters wishes to apologise unreservedly 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."