Two carers who left a disabled man trapped in a bath for nearly a day spared jail

Published 22nd Nov 2019
Last updated 23rd Nov 2019

Two carers left a disabled man naked and trapped in a bath for up to 21 hours.

46.year old Scott Sloan and 54-year old Paul Campbell failed to help Andrew McKinnell at his home in Carntyne, Glasgow in November last year.

The vulnerable 55 year-old had earlier slipped into the bath and was unable to get out.

Sloan - who had cared for Mr McKinnell for 18 months - then went to sleep while on duty.

He phoned Campbell before nodding off for advice - but was to told leave Mr McKinnell where he was.

Mr McKinnell was only rescued when Campbell later turned up and alerted a fellow supervisor.

The incident landed the pair in the dock at Glasgow Sheriff Court.

The pair each pled guilty to the wilful neglect of Mr McKinnell, who needs round the clock care.

Sloan was charged with failing to provide assistance to exit the bath, failing to provide blanket or clothing while Mr McKinnell was trapped in the bath, and retiring to bed leaving the victim unsupervised for 17 hours.

Campbell was charged with instructing Sloan as his supervisor to leave the victim in the bath and advising his colleague to retire to bed leaving the victim there.

Prosecutors added he fail to contact emergency services when unable to move the victim from the bath after being trapped for 21 hours.

Sloan was ordered to carry out 200 hours of unpaid work and Campbell 240 hours as an alternative to jail.

Sheriff Valerie Mays said: "I think it goes without saying that this is an awful offence and the behaviour towards a vulnerable man is nothing short of despicable.

"It must have been obvious to you after a certain amount of time that he needed assistance and you left that man in the bath.

"It must have been a very frightening experience for him and your behaviour was callous."

The court heard Sloan was on a shift at 10am supposedly looking after Mr McKinnell when the disabled man went for a shower at 5.30pm.

Prosecutor Graham MacDonald said: "Mr McKinnell became unbalanced and fell sliding back down the wall before coming to rest at a seated position.

"Sloan was of the opinion that that Mr McKinnell lost his balance and had fallen.

"Mr McKinnell said he wanted to get out the bath and he didn’t receive any assistance to do that."

Sloan called Campbell, who was on a day off. The court heard he was told to leave a trapped Mr McKinnell in the bath.

Sloan then went to sleep at midnight abandoning the man overnight.

Campbell arrived the next day at 10am and initially called NHS 24.

Four hours later, a 999 call was made for Mr McKinnell and an ambulance arrived at 2.30pm when the victim had been lying for 21 hours.

Mr McKinnell was then finally lifted out and taken to hospital.

He fortunately only escaped with bruising on his back.

A probe then lead to both Sloan, of Dennistoun and Campbell, of Bridgeton, both Glasgow, being arrested.

Sloan claimed: "I thought I was doing the right thing by contacting Paul Campbell and taking his advice."

He no longer works as a carer and has a job in the whisky trade.

His lawyer Kevin McCarron said: "He fell asleep and this is why he pled guilty.

"Leaving a man in the bath falls short of the expected standards.

"He accepts that after an hour or two he should have intervened."

Billy Lavelle, defending Campbell, said he was now unemployed.

Mr Lavelle said: "He was off duty, looking after his grandson and relaxing.

"Part of his responsibilities is to take out of hours calls.

"He technically was not on duty as he was not out in the community working, but he made a bad judgement call.

"He is ashamed and horrified by his actions."

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