An elderly care home has been directed to improve its standards of care after serious failings were uncovered following claims that a female resident was sexually assaulted during an outing.
The woman, who required hospital-level care at Bainlea House in Rangiora, was the subject of a complaint by her daughter in July 2022. The daughter raised concerns about her mother’s pressure injury management, weight loss, and, most significantly, allegations that her mother had been sexually assaulted, RNZ reported.
In response to the complaint, Bainlea House, which traded as Bainswood on Victoria, temporarily banned a man known to the woman from visiting her.
Facility director Andrew Renwick said he appreciated the professionalism of staff during what he described as a “challenging scenario” but admitted that the company “had not achieved the right standard,” reported RNZ.
An internal investigation began on August 1, 2022, and police were notified about a week later. The woman was interviewed, but officers concluded there was no clear disclosure of sexual offending, and the police file was closed.
According to RNZ, The Health & Disability Commissioner (HDC) has since found that Bainlea House breached the Code of Health and Disability Services Consumers’ Rights by failing to provide services with reasonable care and skill.
Deputy Commissioner Carolyn Cooper said the facility’s abuse and neglect policy was inadequate and failed to guide staff properly when faced with allegations of potential sexual abuse. Staff were also was unable to escalate the issue in accordance with the seriousness of the situation, as required by the organisation’s own policies.
Cooper’s findings, supported by advice from an in-house registered nurse, highlighted multiple deviations from accepted standards of care, including improper handling of photographs taken of the woman’s genital area, poor management of her pressure wounds, and neglect of her dietary needs.
The woman, who suffered partial paralysis and difficulty swallowing following a stroke, required full assistance with mobility, feeding, and communication. Despite her speech challenges, her short-term memory and awareness were intact, Cooper noted.
Clinical notes from July 2022 revealed that a nurse had spoken with the woman’s welfare guardian, who raised concerns about the woman’s frequent and lengthy outings with the man known to her, as well as the condition in which she returned. Caregivers later found signs that her incontinence wrap had been tampered with, and that her genital area was red and swollen, reported RNZ.
According to RNZ, after obtaining the woman’s consent, indicated by a nod and verbal “yes”, caregivers photographed the affected area. They shared the images with a daughter who was not her legal welfare guardian.
Bainlea House acknowledged mistakes were made regarding the handling of the photographs and the management of the incontinence wrap, though it maintained that consent had been sought before photos were taken. The facility also admitted that staff failed to ask the woman directly whether she had consented to sexual relations with the man, relying instead on her “distressed behaviour” to infer she had not, as reported by RNZ.
In response, Bainlea House implemented a corrective action plan and rolled out additional staff training beginning in August 2022, continuing through 2023 and 2024. The training covered topics such as abuse prevention, sexuality and intimacy, privacy, communication, and critical thinking.
Cooper commended the corrective measures, describing them as “comprehensive and of good quality,” particularly the emphasis on staff education, RNZ reported.
The HDC recommended that Bainlea House issue a formal apology to the woman’s family, which the company has since done.
Renwick confirmed the organisation accepted the findings.
“We’re confident we can learn and improve for the benefit of our residents and their families,” he said, as quoted by RNZ.
The case underscores the importance of robust policies, vigilant oversight, and compassionate care in safeguarding vulnerable residents in aged-care facilities.
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