A CARE home company has been fined £640,000 after a Tullibody resident died from choking on a piece of food.

The 65-year-old, living at Orchard Care Home, was on a specialist diet of minced and moist food after a severe stroke and vascular dementia left her at risk of choking.

However, on August 7, 2019, she was given a piece of jam doughnut as a snack from the tea trolley, which she choked on.

Despite efforts of care home staff and paramedics to remove the food, the resident died.

At Falkirk Sheriff Court on Wednesday, January 12, HC-One Limited, the firm that runs the care home, pleaded guilty to failings under the Health and Safety at Work etc Act 1974 and was fined £640,000.

The resident was on the diet since being assessed as having a high risk of choking on December 2, 2018.

Bread products are not suitable for this modified diet as they cannot be mashed small enough.

Prior to her death, the resident had frequently been given sandwiches from the snack trolley, repeatedly putting her at risk.

Main meals at the home were prepared by the kitchen and labelled with each resident's name. However, the snack trolley did not have information on modified diets or food suitability.

Staff in charge of the trolley had also not had sufficient training on modified diets.

HC-One Limited has since made changes at the home to ensure the snack trolley has suitable food for all residents. Training has also taken place.

Alistair Duncan, head of the health and safety investigation unit of the Crown Office and Procurator Fiscal Service, said: "The death of this vulnerable care home resident could have been prevented if suitable training and procedures were in place.

"HC-One Limited left all residents at risk by failing to ensure modified diets were adhered to and staff had the relevant knowledge to keep those in their care safe.

"This prosecution should reiterate the need for all care homes to protect their residents and remind them they will be held accountable if they fail to do so.

"Our thoughts are with the family of the resident at what must be a difficult time for them."


James Tugendhat, Chief Executive Officer of HC-One said: "First and foremost, we offer our heartfelt condolences and apologies to [the residents'] family and loved ones.

“It was vitally important to us that lessons were learned when this occurred in 2019. Additional safeguards are now in place across all our homes to prevent a repeat of an accident like this, and colleagues now complete additional and specific training focused on supporting residents who have modified diets.

"The Care Inspectorate has recognised this work across our homes, as well as the very good care provided at The Orchard today.

"We are clear that this tragedy should never have happened, and we hope today’s judgement provides [the residents'] family with some comfort and closure.”