Shropshire Council ordered to pay £64,000 after man choked to death at day centre

The authority had admitted a charge under the Health & Safety at Work Act following an investigation into the death of 53-year-old Michael Breeze more than three years ago.

A breakdown in communication had left staff at the Hartley's Day Centre in Monkmoor, Shrewsbury, unaware of the "significant" risk of Mr Breeze choking on his food, Shrewsbury Crown Court heard.

Judge Robin Onions imposed a fine of £25,000, ordered that the authority pay £24,300 legal costs and said it should make a £15,000 contribution towards the cost of the Health & Safety Executive inquiry.

But due to the council's financial situation, it will only pay the money in £5,000 instalments.

Judge Onions said he had considered Shropshire Council's financial position and the impact of a fine on the authority's ability to provide vital services, and said a financial report "made bleak reading" for the prospects over the next five years.

Judge Onions, speaking during yesterday's hearing, made it clear that Mr Breeze's death was a failure of the system and not the fault of any individuals who cared for him.

He said Mr Breeze had been described as a lovely and happy man who was loved and respected by his family and there was an affection for him by those who cared for him.

Judge Onions said there was a general risk assessment in 2006, but no specific assessment when Mr Breeze attended Coton Hill, nor again when Mr Breeze moved to Hartley's Day Centre. The risk assessment was then six years old and inadequate.

Mr Breeze suffered from learning difficulties and developed epilepsy after an operation for a brain tumour in 2005.

Mr James Puzey, prosecuting, said Mr Breeze had a large appetite and would cram food into his mouth.

On September 5, 2012, he was given a lunch box to take to Hartley's Day Centre which was locked in a high cupboard until lunchtime. He would be told not to put too much in his mouth and to chew his food.

Mr Puzey said Mr Breeze was eating his meal with others, who were also being supervised, when he was seen to go into the lounge and then out into the garden.

"His cheeks were red and his mouth was bulging with food. Staff tried to get him to empty his mouth and he was slapped on the back to dislodge the food and a male member of staff carried out abdominal compression, but with no effect," he said.

Paramedics also tried to resuscitate him, but he did not recover and was dead on arrival at hospital.

An inquest recorded a verdict of accidental death caused by asphyxia due to choking and Mr Bernard Thorogood, for the council, said that the pathologist and the inquest jury had taken into the underlying conditions from which Mr Breeze had suffered.

He said the council offered its sincere condolences to Mr Breeze's family.