£100,000 fine for Fife Council after man, 66, choked to death on sandwich

The Health and Safety Executive (HSE) said the death of 66-year old vulnerable Brian Millar, while living in support accommodation in Kirkcaldy, was “completely avoidable.”

Kirkcaldy Sheriff Court also issued a compensation order of £50,000 to his family after the local authority tendered a guilty plea this week. It admitted breaches of the Health and Safety at Work Act.

The case came almost three years after Mr Millar’s death. In June 2020 he was given a sandwich by a carer, but he could only take food that was bite-sized and soft, and ought to have been supervised while eating. He choked on the sandwich and died.

HSE inspector Kerry Cringan said: “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.”