Borders care home fined £16,000 after resident, 86, choked to death
A Borders care home has been fined £16,000 for health and safety breaches after an 86-year-old resident choked to death eating a meal.
Thomas Telford was on a soft food diet at Selkirk-based Riverside Care, with his meals requiring to be mashed due to his swallowing difficulties.
But on May 25, 2023, he was served a lunch of beef, mashed potatoes and cabbage – some of which lodged in his windpipe.
Depute fiscal Claire Wallace of the Crown Office's Health and Safety at Work Unit, told Selkirk Sheriff Court: “The food had not been pureed or modified to meet his requirements.”
She pointed out a carer was feeding another patient nearby when she noticed Mr Telford’s lips turning blue and raised the alarm.
Despite back slaps and abdominal thrusts, Mr Telford, who was also known as Barry, choked to death on the food.
He had recently been transferred to the home from Kelso Community Hospital.
Riverside Care Ltd pleaded guilty to a charge under the Health and Safety at Work Act of failing to meet Mr Telford’s dietary requirements.
Emma Toner KC, on behalf of Riverside Care, accepted the wrong plate had been served from the kitchen as the beef required to be mashed, and the level of supervision for Mr Telford eating his meal “fell short” of what was required.
She said all staff were trained in dietary requirements and this had been significantly updated following Mr Telford’s death.
The company had no previous convictions and had a “record of high quality care”, according to Ms Toner.
She added: “This has been to the utmost regret to the company and its directors.”
Sheriff Peter Paterson said the plating process and the lack of proper supervision when Mr Telford was eating were contributing factors in the death.
He expressed his sympathies to Mr Telford’s family who were sitting in the public benches for what was “a death that should have been avoided”.
Sheriff Paterson reduced the fine from £24,000 to £16,000 for the guilty plea at the first opportunity to the Health and Safety at Work Act breaches, with a £1200 Victim Surcharge.
Riverside Care Limited was given 28 days to pay the fine.