Four members of staff at Wavertree Nursing Home were convicted of charges of ill treating and neglecting the pensioner
William Vasey outside Liverpool Crown Court(Image: Liverpool Echo)
A carer who placed a pair of underpants on a distressed 85-year-old dementia sufferer’s head burst into tears as he was allowed to walk free from court. WIlliam Vasey was one of four members of staff at Wavertree Nursing Home who were convicted of charges of ill treatment and neglect after being caught on camera subjecting an elderly resident to cruel abuse.
The senior care assistant, who had decades of experience in the industry, was filmed repeatedly placing the underwear on the woman’s head, but claimed that he only did so in order to affix rollers in her hair. Fellow carers Josh Ireland and Valerie Marshall and nurse Adelle McIlhatton were meanwhile said to have watched on and laughed as the OAP was “humiliated and ganged up on”.
A fifth colleague, Wendy Shelley, was also accused of “shaking her bum in the face of” the pensioner. However, she was ultimately cleared by a jury after saying that she did so “as a bit of fun”, having apparently been called “fat arse” by the service user.
A trial at Liverpool Crown Court heard that the now deceased complainant, who the ECHO has chosen not to name, had been a resident of the care home in February last year due to suffering from dementia and learning difficulties. She had also been under the care of the Court of Protection due to her “lacking capacity to understand her care needs”.
But Jonathan Rogers, prosecuting, said of the defendants: “It was their responsibility to look after the residents in the care home. But we, the prosecution, allege that, on one particular day, the 9th of February, they all failed to do so.
“You will see video evidence capturing the defendants either ill treating or wilfully neglecting one of the residents at that nursing home. At the time, she was 85 years of age. The videos that I will play to you will show one or another of the defendants, on that occasion, prodding or pushing her, waving their bum in her face, putting underpants on her head or laughing at what the other defendants were doing.
“It is clear from the video, we, the prosecution, say, that, instead of looking after and caring for her, the defendants were effectively ganging up on her, humiliating and making fun of her or laughing at her. Not one of the defendants, as you will see, seeks to stop what is happening.”
Mr Rogers detailed how the CCTV footage showed all five of the defendants in the care home’s dining area, with the four care assistants being present at a table alongside the woman in question and nurse McIlhatton being seated nearby. Shelley was then shown “pushing at the woman several times” and “appearing to try and grab her face before pushing her on the right shoulder”.
While the resident was apparently seen “trying to stop her by pushing her away”, Mr Rogers said that “those around the table and the nurse did nothing to intervene”. She was then seen “effectively shaking her bum in the face of” the woman, “continuing to do this despite [the woman] trying to push her away”.
Wendy Shelley outside Liverpool Crown Court(Image: Liverpool Echo)
Vasey was subsequently filmed approaching the patient and “saying something to her, causing everybody to laugh”, with Marshall having “her head in her hands” at this time. The former was subsequently seen “grabbing at” the resident’s face as she “pushed him away”.
Mr Rogers added: “It appears that some underpants are being thrown between Josh Ireland and [the woman]. What you will see next is, Mr Vasey picks up those underpants and puts them on her head.
“You can see the other defendants. Nobody does anything. They just appear to be laughing at what has gone on. What we say happens in this clip is, Mr Vasey again picks up the pants and throws them at [the woman], who throws them or passes them back.
“Mr Vasey continues to throw the pants at her. It is clear that she does not want them anywhere near her, because she keeps throwing them at him. Mr Vasey picks the pants back up and puts them back on her head. He repeatedly throws them at her. He repeatedly puts them in her face, despite her trying to push him away.
“The other defendants do not do anything. They are just laughing at what is happening. There he is, throwing the pants in her face. Ms Shelley comes back and puts her arms on her shoulders, and Mr Vasey puts the pants back on her head. He puts them in her face.”
Another staff member who worked in the care home’s kitchen went on to report to police how the resident was “clearly upset and distressed by what was happening to her”. Under interview, Vasey told detectives that the woman “had no family and didn’t receive visitors”, describing her as a “little bully” who would “walk up to people and smack them”.
The 42-year-old, of Penlinken Drive in Tuebrook, went on to state that “he was just messing with” her and “had no malicious intent and intended no harm”. He meanwhile maintained that he was “using the knickers to keep rollers in her hair” and denied having poked her in the face, saying that he was “just tickling her” and “just trying to put a smile on her face”.
Megan Cox, defending Vasey, said on his behalf today: “He has worked in care for over 25 years. There have been no previous complaints and no previous concerns. This was a single incident. He accepts that he has flaws in his thinking and in thinking how his actions might affect others.”
Referring to a pre-sentence report, Judge Katherine Pierpoint said at this point that Vasey “still maintained that he didn’t think he did anything wrong”. She added: “How is there a realistic prospect of rehabilitation?”
Ms Cox said: “Mr Vasey makes it clear that he never intended to cause [the victim] harm. He would never intentionally hurt someone. Now, looking back, he can see how his actions could have caused harm to someone, and that was not something he thought about at the time. It is better late than never. That is a realisation he has come to.”
Vasey was also said to have recently lost his sister, with Ms Cox adding: “He has had a lot on his plate. He lives with his mother, who has a number of her own health problems. She struggles with her breathing and movement. In essence, Mr Vasey says that he does everything in the household. Without Mr Vasey, his mother would really struggle. He is, in essence, her carer, and she is dependent upon him.
“He left school at 15 due to bullying and found his first job in care, and he has worked there for his entire life. Because of this, he will never work in that sector again. That is punishment to him for his actions. He loved his job.”
Probationary staff member Ireland, who had been working at the home for around six months, said in his interview that his “job included looking after the wellbeing of residents and giving them dignity in life”. He similarly said that the woman in question “could be aggressive at times” and “remembered her getting distressed on that day”.
But Ireland, of Bancroft Road in Widnes, “remembered that she wasn’t enjoying what was happening” and “didn’t think that what people were doing to her was OK”. He went on to “agree that she was being mistreated” and said he “didn’t say anything to anyone or challenge them to stop”.
While he “couldn’t explain why he did nothing”, Ireland conceded that he was “laughing at what was happening” and “throwing and passing the pants” to the resident. He added: “It just mortifies me. Looking back, why didn’t I stop it?”
Josh Ireland outside Liverpool Crown Court(Image: Liverpool Echo)
His counsel Jonathan Duffy told the court: “He had been working in the care home for a little under six months. He had been employed in the industry previously. He was the shortest serving of any of the staff who were present, but, more important, there was a significant gap in age.
“He accepted at the time that what he thought began as light hearted banter between staff and her had crossed the line. He did not feel he had the maturity, or perhaps the strength of character, to say something at the time. He wishes that he had intervened but, of course, he did not, and that failure is where his culpability lies.”
Shelley, of Tetlow Street in Walton, told police that the resident “could be aggressive sometimes” but “seemed to suggest that what she was doing was only a bit of fun”. She added: “I know it looks like I’m shaking my bum in her face, but she calls us names. She called me fat arse.”
The 56-year-old went on to explain that the woman had “probably been calling her something”, and she was “shaking her bum because she had called her fat arse”. Shelley meanwhile stated that Vasey had “put the pants on her head as they were going to be used to put rollers in her hair” and said she was giving the complainant a massage, “denying that she was distressed” and saying it was “just part of the relationship they had with her”.
McIlhatton, of Ivydale Road in Mossley Hill, gave a prepared statement under questioning claiming that she was “not fully aware of how she was being treated by the other staff” and “would have intervened” if she had realised. However, Mr Rogers told the court that the 51-year-old was “facing directly at” the resident at the time.
Nick Cockrell said of McIlhatton in mitigation: “What perhaps sets Ms McIlhatton apart is that she was, of course, the nurse on duty. She owed a duty to [the victim], and she failed in that duty.
“Over time, she has reflected a great deal over what happened in that short space of time back in February of las year. It is difficult for her to accept the criminal responsibility aspect of course, but I hope it is clear that she does accept fully the verdict of the jury.
“She let [the victim] down that morning. She has been doing everything that she can to allow her to carry on working in that environment. This was a defendant who was in a position of responsibility and she should have intervened at the time and she have reported what she had seen.”
Adelle McIlhatton outside Liverpool Crown Court(Image: Liverpool Echo)
Marshall, of Selside Walk in Netherley, also labelled the woman as “violent”. She meanwhile denied having been laughing in the video, saying that she “had her face in her hands because she was waiting for a phone call about her grandson, who wasn’t well”.
The 50-year-old went on to state that Vasey had put the underwear on the woman’s head “because he was going to use them to secure rollers in her hair” and denied seeing him poking her. She added that “if she had seen what was going on, she would have said something and challenged the behaviour”.
Marshall’s barrister Jason Smith added: “References speaks very highly in respect of this particular defendant. She is described throughout her pre-sentence report as being isolated and lonely, having lived her life, in many ways, through her employment.
“She shows genuine remorse. She comes to court today expecting to go to prison, and she has had that over her. A suspended sentence would be a deterrent and the public could see it as a deterrent sentence for this defendant, for her role and her personal features. This was of relatively short duration. It is the only incident in 40 years plus.”
Vasey was found guilty of being a carer ill treating an individual, which Shelley was acquitted of, by the jury last month. Appearing in the dock wearing a grey Nike hoodie, he covered his face with his hands and became tearful as he was given a 12-month imprisonment suspended for 18 months with 180 hours of unpaid work, a rehabilitation activity requirement of up to 10 days and a 12-month mental health treatment requirement this afternoon, Friday.
Wendy Shelley and William Vasey outside Liverpool Crown Court(Image: Liverpool Echo)
Ireland, appearing in court on his 24th birthday on Friday, admitted wilful neglect following the first day of the trial. Wearing a white Nike zip-up hoodie, he nodded as he was handed a 12-month community order with 150 hours of unpaid work and a rehabilitation activity requirement of up to 20 days.
Marshall and McIlhatton were meanwhile convicted of the same charge of wilful neglect by the jury. They both received six month sentences suspended for a year, including rehabilitation activity requirements of 15 and 10 days respectively and 140 hours of unpaid work in the case of the latter.
Adelle McIlhatton and Josh Ireland outside Liverpool Crown Court(Image: Liverpool Echo)
Sentencing, Judge Pierpoint said: “[The victim] was an 85-year-old old lady. She had been a resident of that care home for a number of years. She had no family. As many of you said in evidence, she had no visitors. She needed support with her personal care and mobility. She was a vulnerable older lady.
“She was a character. She had grown up in the Old Swan area. She has sadly now died. Like all in that home, she was entitled to be treated with care, dignity and respect. On the morning of the 9th of February last year, you all failed to do that.
“Footage from that lounge area showed that, between about 7.13 in the morning and 7.33, you, for about a period of 20 minutes, Mr Vasey subjected her to ill treatment. You were seen to come up behind her, poking her in her facing, putting knickers over her head more than once. You put items into her face.
“The other three defendants did not intervene as you should have done. Worse than that, you actually laughed. By your laughing, you were encouraging Mr Vasey in his behaviour.
“Another member of staff in the kitchen area was concerned about this behaviour. She viewed [the victim] as being distressed, upset and angry. The only person not laughing at the behaviour that morning was [the victim], who was seen to push you, certainly Mr Vasey, away. This was not a laugh and a joke with a resident. This was the unlawful ill treatment and neglect of a vulnerable woman.
“As you now know, this is an extremely serious offence. The reason it is serious is because those in care are vulnerable and are entitled to be protected, cared for and treated with dignity by those in positions of trust and responsibility towards them. This is an offence committed in gross breach of trust.
“This was not a campaign of humiliation and bullying, which one can sadly see in other cases. This was not, in my judgement, gratuitous degradation. That does not mean that this is not a serious matter. There has been here a serious dereliction of duty and a breach of trust.”