Fife Council has been issued a fine by the Health and Safety Executive after the death of a vulnerable man from the area.
HSE has fined Fife Council a sum of £100,000 for safety breaches following the death of a vulnerable man, who choked to death on food deemed unsuitable for his prescribed diet.
On Tuesday 23 April, Fife Council plead guilty at Kirkcaldy Sheriff court to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974.
The guilty plea related to the death of 66-year-old Brian Millar, who was a resident in supported living accommodation in Kirkcaldy’s Methven Road.
Mr Millar died on June 4 2020 after eating a corn beef sandwich and choking to death. The 66-year-old was on a strict diet that only allowed him to be given food that was carefully prepared to ensure it was soft and bite-sized.
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HSE ruled that Mr Millar should also have been closely supervised to ensure his safety while eating. However, the food was not suitably prepared and he was not closely observed, leading to his death.
A fine of £100,000 was issued to Fife Council and the Sheriff also directed that a Compensation Order of £50,000 be paid to Mr Millar's family.
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 that we will not hesitate to take appropriate enforcement action against those who fail to train staff in the importance of following modified texture diets.”
A spokesperson from 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 would also like to extend our sympathies and condolences to all who knew and cared for Mr Millar.
“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.”
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