Family of elderly WWII veteran 'left in agony'  while drills roared outside her room settle claim with care home

Margaret served during the Second World War, first as a member of the Women’s Land Army between the ages of 16 and 18, before being seconded to the Auxiliary Territorial Service (ATS), where she served as an anti‑aircraft gunner. During her service she helped to defend Britain against enemy aircraft.

The claim, brought on behalf of Margaret’s estate by her son John, related to events in March and April 2022. Staff recorded that Margaret was in significant pain on 5 March 2022, yet there was a delay of several days before urgent medical attention was sought. Communication with the GP surgery was carried out by email rather than telephone, despite previous advice to the home that acute concerns should be phoned through.   

When a paramedic practitioner eventually saw Margaret five days later on 10 March, she was immediately taken to hospital. Hospital staff later diagnosed Margaret with a severe infection and noted she should have been seen “days earlier”.    

A safeguarding investigation concluded that Margaret “suffered severe pain for longer than necessary”.   

Her family also alleged serious concerns about basic care, including inadequate and inconsistent pain relief at a time when Margaret was repeatedly documented as crying out in pain, a falling fluid intake that was not acted upon despite her being at risk of dehydration, and a worsening rash and skin breakdown that went untreated for over a week after barrier cream was prescribed.  

At the same time as Margaret was suffering the severe pain and her physical condition was worsening, extensive building works were taking place inside the home.    

Pneumatic drills were used in the corridor outside her room, which Margaret’s family said caused intense noise and vibration. They stated that contractors wore ear defenders, yet residents - including Margaret, who was bedridden - were given no protection. Margaret’s family also say they were given no prior warning that the work would be taking place so close to her living space.   

Margaret suffered a relapse of the infection and was readmitted to hospital in early April. Her condition continued to deteriorate and she was placed on an end of life care pathway on 24 April 2022 and died on 6 May 2022.    

Margaret’s son, John Donaldson, raised concerns with the care home about the delays in acting on his mother’s pain and the impact of the drilling noise on his mother’s wellbeing a number of times.   

He contacted the CQC, Police and Health and Safety Executive in an attempt to seek help and advice but was repeatedly told that there was nothing they could do to intervene.  

Mr Donaldson believes there should be an emergency number that families or concerned relatives can call when they are worried about the safety or wellbeing of a care home resident.  

A settlement has been agreed between the care home and Margaret’s estate without an admission of liability. Margaret’s family is represented by Leigh Day senior associate solicitor Beatrice Morgan.   

Beatrice said:   

“This case highlights a deeply troubling disregard for the comfort and dignity of an elderly and vulnerable resident. While the care home management pushed ahead with extensive building works, the basic care Margaret needed was not provided.   

“The refurbishment of a care home should never be prioritised over wellbeing of the people living there. Older residents must not be treated as an afterthought. The extent of Margaret’s suffering was entirely avoidable, and her family has shown huge courage in seeking answers and accountability.”   

Margaret‘s son, John, said:   

“She should never have had to endure conditions like that; she really was treated worse than an animal. There needs to be a proper emergency service where families and staff can urgently raise concerns about care homes and be listened to. I sincerely hope that the care home will ensure nobody else has to go through such a traumatising and frightening situation.  

“The Health Secretary Wes Streeting has said that the CQC is not fit for purpose. I believe this leaves a massive hole in the care of the old and vulnerable and in my opinion my old Mum was a victim of that lack of oversight. I am amazed that care homes such as St Peter's Park are allowed to continue to operate after such damning evidence against them.”