Jon Burrows calls for tougher laws after dementia care worker sentence cannot be appealed

Ulster Unionist Party Leader and North Antrim MLA Jon Burrows

The sentence imposed on a former dementia care worker convicted of abusing vulnerable patients cannot be referred to the Court of Appeal for review under current Northern Ireland law, the Public Prosecution Service (PPS) has confirmed.

The update has prompted Ulster Unionist Party Leader and North Antrim MLA Jon Burrows to call for changes to sentencing laws and the powers available to the Director of Public Prosecutions (DPP), arguing the case has exposed “a serious gap in the law”.

The case centres on former care worker Ciara Corvan, who was convicted of abusing four patients with advanced dementia over a 14-month period. The offences included filming some of the abuse on a mobile phone and sharing the footage with others, with one victim recorded while in a bath.

Despite the case being heard in the Crown Court, where imprisonment was available as a sentencing option, Mr Burrows said he has now been informed that the DPP has no legal power to refer the sentence to the Court of Appeal for reconsideration.

‘The sentence was weak and is now beyond redress’

Mr Burrows said:

“Despite this case being heard in the Crown Court, where imprisonment was available as a sentencing option, the Public Prosecution Service has informed me that the Director of Public Prosecutions cannot refer this particular case to the Court of Appeal for a review of the sentence.

“The PSNI, the Public Prosecution Service, the victims’ families and Corvan’s former colleagues deserve enormous praise for securing this landmark conviction. Their professionalism, perseverance and courage ensured that justice was done. However, the limitations of the current law are stark and deeply concerning.”

He described the offences as among the most serious breaches of trust imaginable.

“The facts of this case are beyond disturbing. Over a period of 14 months, four highly vulnerable patients suffering from advanced dementia were mistreated by someone in a position of trust. Some of that abuse was recorded on a mobile phone and shared with others. One victim was recorded in a bath. These were calculated, repeated and utterly vile acts against people who were among the most vulnerable members of our society.”

Mr Burrows said he believes the penalties currently available for such offences do not adequately reflect their seriousness.

“Yet the maximum sentence available for these offences is two years’ imprisonment, and the Director of Public Prosecutions currently has no statutory power to refer this case to the Court of Appeal after a non-custodial sentence was imposed.

“This case has exposed a serious gap in the law that must now be addressed.”

He added:

“It remains my view that this offending warranted a custodial sentence. Community service and probation are, in my opinion, an insufficient response to the sustained and deliberate abuse of vulnerable patients by a trusted care worker. The sentence was weak and is now beyond redress.”

Call for legal reform

Mr Burrows stressed that the actions of one individual should not overshadow the work of the vast majority of care professionals.

“Northern Ireland has some of the most dedicated, compassionate and professional care workers anywhere in the world. They devote their lives to looking after those who cannot look after themselves. Ciara Corvan’s actions stand in complete contrast to the values of that profession and represent one of the most depraved breaches of trust imaginable.”

He said he will now press for legislative changes aimed at strengthening the justice system’s response to offences involving vulnerable victims.

“We need stronger laws, stronger sentencing powers and a justice system that better reflects the seriousness of offending involving vulnerable victims and the abuse of trust. Public protection, punishment and deterrence must be given proper weight alongside rehabilitation. We must ensure appropriate weight is given to the vulnerability of victims and the profound abuse of trust in cases of this nature.

“I will now be engaging with the Justice Minister to seek changes to the law, including a review of the maximum available sentence, and to ensure that the Director of Public Prosecutions has the power to refer all convictions involving the abuse of vulnerable persons to the Court of Appeal when the sentence is considered unduly lenient. Cases involving the deliberate abuse of the most vulnerable people in our society deserve nothing less.”

Any changes proposed by Mr Burrows would require legislation or amendments to existing law before they could take effect. There has been no indication that the law will change at this stage.