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Shropshire Council fined after vulnerable day care patient chokes to death (14 January 2016)
Date: 14/01/2016
Shropshire Council has been prosecuted after a vulnerable 53-year-old day care patient choked to death at a council care centre.
In September 2012, Michael Breeze choked while eating his lunch at the council-run day services centre, Hartley’s Day Centre, in Shrewsbury.
Hartley’s Day Opportunity Centre caters for adults with learning disabilities. Mr Breeze was taken to the centre for the day with a packed lunch provided by carers at the residential home where he lived.
At around midday, he began to eat his lunch when he started to choke and collapsed. Staff at the centre went to Mr Breeze’s assistance – he appeared to have gone into respiratory arrest, however. CPR was commenced and paramedics were called.
On arrival, paramedics attempted to intubate, but this was difficult due to food in the trachea.
Mr Breeze, who lived at a care home in Sutton Bank, was rushed to the Royal Shrewsbury Hospital and further CPR was carried out, with two doses of adrenaline administered. However, Mr Breeze died in hospital.
The Health and Safety Executive (HSE) told the court that Mr Breeze had a history of choking incidents at both his residential home and day services.
HSE argued that appropriate safeguards were not implemented at Hartley’s Day centre, despite Mr Breeze’s medical history of choking incidents.
On Friday, 8 January 2016, Shropshire Council admitted breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The council was fined £25,000 and ordered to pay £39,317 in costs.
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