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Council fined £100,000 after Scots pensioner choked to death eating corned beef sandwich
25.04.2024 - 15:33 / dailyrecord.co.uk
A council has been fined £100,000 after a vulnerable pensioner choked to death on a sandwich.
Brian Millar, 66, was given a sandwich by a carer while resident in supported living accommodation in Kirkcaldy on June 4 2020.
But the home failed to prepare the food in line with his needs, the Health and Safety Executive (HSE) found. Inspectors said his tragic death was 'completely avoidable'.
The pensioner who had trouble eating should only have been given food that was carefully prepared to make sure it was soft and bite-sized. And he should also have been closely supervised to ensure his safety while eating.
Fife Council pleaded guilty to breaches of the Health and Safety at Work etc. Act 1974 in a hearing at Kirkcaldy Sheriff Court on April 23.
It was the second time Mr Millar had choked in the council’s care, the court heard.
Mr Millar, who had learning disabilities and cerebral palsy, lived in a care facility for adults with physical and mental learning disabilities and needed 24-hour support, as well as one-to-one supervision while eating.
The council was fined £100,000 and the sheriff also directed that a compensation order of £50,000 should be paid to Mr Millar's family.
HSE said Fife Council was responsible for the safe ingestion of food for Mr Millar.
Speaking after the case, HSE inspector Kerry Cringan said: "It is tragic when a vulnerable person dies in circumstances which were completely avoidable.
"Sadly, it is not uncommon for us to be informed of deaths where people in care choke on high-risk foods that were not suitable for their diet.
"Care providers must be guided by speech and language therapy professionals and then ensure their staff are trained to understand what those recommendations mean.
"They should be aware
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