A HEALTH and safety expert has told a jury how windows at a North-East care home where a resident fell to his death should have had restricted opening.

Keith Partington said it was "common good practice" to prevent windows opening fully in any environment where elderly or confused people were being cared for.

Health and Safety Executive inspector Mr Partington accepted there were no legal requirements on hospitals or homes to install the precautions but described doing so as "advisable".

Mr Partington, who led the investigation into the tragedy at the Janard nursing home in Stockton Road, Hartlepool, said: "I would advise that where there is a risk of someone falling through an open window and incurring an injury, restrictors should be fitted."

Norman Shirley, 80, was admitted to the home on a short-stay basis in August 2001 to provide respite care for his wife, who was having difficulty looking after him. Three days after arriving at the home Mr Shirley was found dead on the ground below a wide-open upstairs bedroom window.

Michael Gibson, 58, and his wife Maria, 57, who owned the home at the time, are on trial at Teesside Crown Court accused of failing to ensure Mr Shirley was not exposed to a risk to his safety.

The couple, of Catherine Street, Hartlepool, deny the charges brought under the Health and Safety at Work Act, and are expected to give evidence today.

Their barrister, Robin Denny, cross-examined Mr Partington yesterday and claimed advice on window restrictions from two separate care home regulators - Tees Health Authority and Hartlepool Borough Council - was "totally different" to that of the Health and Safety Executive.

Mr Denny said Tees Health official Linda Burrell had visited the Janard a minimum of twice a year for more than six years and had never once suggested the Gibsons fit devices to restrict the windows opening.

The trial continues.