Council fined after vulnerable man choked to death on sandwich

Fife CouncilImage source, Google
Image caption,

Fife Council admitted breaching health and safety rules

  • Published

Fife Council has been fined £100,000 after a vulnerable man choked to death on his sandwich.

Brian Millar died after being given food that was not within his regulated diet by a carer in Kirkcaldy in 2020.

A Health and Safety Executive (HSE) investigation found the 66-year-old’s meal should have been prepared to ensure it was soft and bit-sized.

The local authority admitted failing to observe the Health and Safety at Work etc. Act 1974 at a hearing at Kirkcaldy Sheriff Court.

The HSE probe also found carers failed in their duty to watch Mr Millar eating to ensure his safety during the incident which happened in supported accommodation on 4 June 2020.

An HSE inspector said Mr Millar had died in “tragic circumstances” which were “completely avoidable”.

Kerry Cringan said: “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.

A spokesperson for Fife Health and Social Care Partnership said: "The loss of Mr Millar was a tragedy and we deeply regret the circumstances which led to the incident.

"We remain committed to continuous service improvement and in the period since the incident in 2020, the partnership has put a range of measures into place which includes a comprehensive and ongoing training programme for our staff and changes to the way we document and share care plans for the people we care for."