Care home fined £1.9m after woman, 96, choked to death

HC-One admitted insufficient care and supervision at Cradlehall Care Home

A care provider has been been fined £1.9m over the death of a 96-year-old woman at a nursing home in Inverness.

HC-One admitted insufficient care and supervision was given to Peggy Campbell, who choked to death at Cradlehall Care Home in June 2022.

Ms Campbell had a care plan for supervision while eating due to a choking risk, however she was left unattended with her dinner for 20 minutes.

Sheriff Robert Frazer told HC-One the offence was "very serious" as it was the fifth conviction in six years for a death in their Scottish care homes.

The Darlington-based group operates 190 care facilities across the UK.

Inverness Sheriff Court heard that Ms Campbell had been transferred from Raigmore Hospital in 2019 with clear care instructions due to her choke risk.

She had been left alone alone in her room to eat a dinner of macaroni and chips.

Sheriff Frazer said he attached no blame to an 18-year-old carer and two agency workers who had been left in charge of the unit after a senior staff member had gone home ill.

He noted that the employees had also been distracted by other residents who required assistance.

Previous convictions

Sheriff Frazer said: "The offence is very serious given that a resident died in the home who were responsible for her care.

"There was a clear and unambiguous plan in place to supervise and oversee her eating of the food that was prepared for her."

He placed the level of harm by the company's Health and Safety failings at the highest.

But the sheriff accepted it was not a deliberate act or "a flagrant disregard of the law" and placed their culpability level at medium.

He added: "My real concern is the record of previous convictions.

"Account must be taken of the fact that the company has four previous convictions in Scotland within the last six years.

"All of which have been dealt with by fines ranging from £200,000 to just over £800,000."

Defending, Peter Gray KC said HC-One had at the time experienced a staffing crisis largely due to Covid and offered his client's "deepest sympathies."

The court heard that the firm went on to sell the home in 2023.

Sheriff Frazer said a potential fine of £2.5m was reduced due to the company's early plea and other legal factors.

A spokesperson for HC-One Scotland said: "We would like to extend our deepest condolences and sincere apologies to the family of Mrs Campbell at this difficult time. The safety and wellbeing of all our residents is our highest priority, and we have been shocked and saddened by the events that transpired in 2022.

"We are clear that this incident should never have happened, and we hope that today's conclusion can bring a sense of closure to those who knew and loved Mrs Campbell."