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A care home nurse has been sentenced for neglect in what is believed to be the first conviction of its kind under the Mental Capacity Act.

Ma Ramona Dublas, aged 41, was found guilty of taking a photo of a 92-year-old semi-naked woman after being convicted of ill-treatment and wilful neglect under section 44 of the 2005 act.

Inner London Crown Court heard that Dublas, of Browning Road E12, worked as a nurse at the private Bakers Court Nursing Centre in Little Ilford Lane, Manor Park E12.

A member of staff at Newham Council’s Safeguarding Team, which helps vulnerable adults, became aware a photo was in circulation by one of the residents.

She managed to obtain a copy and the picture showed the elderly dementia sufferer being held up by her wrists and naked from the waist up.

In court Dublas claimed she wanted to take the photo to show the woman was “happy”.

The resident died three weeks later, although this was not related to the offence.

At court on Friday 7 August 2009 Dublas was sentenced to nine months’ imprisonment, suspended for a year, 200 hours community service and banned from working with children and vulnerable adults in the future.

Acting Detective Chief Inspector Sam Faulkner, from Newham police, said:

“This case demonstrates that we and our partner agencies take the abuse of vulnerable people extremely seriously.

“Dublas abused her position and broke the trust of not only the victim but also the victim’s family who would have been confident she was being well-cared for.

“The council’s Safeguarding Team were instrumental in obtaining this photo and then contacting police so we could take further action and this is a good example of Newham’s services working together to protect those at risk.

“The Mental Capacity Act was specifically set up to safeguard vulnerable adults who lack the ability to make some decisions for themselves due to a learning disability or mental health condition and we believe this is the first conviction of its kind.”

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