Health and Safety Failings – Council Fined After Man Dies In Care

Council Fined After Man Dies In Care

Key Facts

• A council have been prosecuted after the death of a man in their care
• The man choked to death whilst on a day visit to one of their care centres
• The council was fined £25,000 plus costs.

The Case

An HSE investigation was launched into the practices of Shrewsbury Council after a vulnerable man choked to death at one their care centres.

The 53 year old man was a day visitor at a care centre that caters for adults with learning difficulties. He was taken to the centre with a packed lunch that had been provided by the carers at his residential home. When he started to eat his lunch, he started to choke and collapsed.

It appeared that he had gone into respiratory arrest, and CPR was administered and paramedics were called. The paramedics attempted to intubate, but this was difficult as there was food in the trachea. He was rushed to hospital, but did not recover.

The man had a history of choking incidents, and the HSE argued that the council did not implement appropriate safeguards, despite these warnings.

The case was heard at Shrewsbury Crown Court on 8 Jan 2016 where the council pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc 1974. They were fined £25,000 plus costs of £39,317.

What the law states

Section 3(1) of the Health and Safety at Work etc Act 1974 states

‘It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.’

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