Edinburgh nursery fined £800,000 over death of 11-month-old boy who choked on food
Bright Horizons Corstorphine admitted health and safety failings
Last updated 19th Jan 2022
An Edinburgh nursery has been fined £800,000 following the death of 11-month-old Fox Goulding, who choked on a piece of fruit.
A piece of mango became lodged in the young child's airway at Bright Horizons Corstorphine Nursery on the 9th of July 2019.
Paramedics were able to remove it, but he passed away at the Royal Hospital for Sick Children the following day.
Glen Millar, representing the Goulding family, said the guilty plea by the nursery was not seen by his clients as "any form of triumph or something that gives them even the remotest sense of satisfaction".
He said: "They remain today as they have since July 9, 2019; numb, and frankly disbelieving at the neglect that led to their beloved son, Fox, losing his young life."
"Fox was abandoned by professionals who had been entrusted with his care, flying in the face not only of the laws of health and safety, but also principles of common sense and decency.
"The ultimate price was paid for that and, notwithstanding today's conviction, it is the family who continue to have to deal with the aftermath."
'Tragic death could have been prevented'
Responding to today's fine, Alistair Duncan, Head of the Health and Safety Investigation Unit of the Crown Office and Procurator Fiscal Service, said: “This tragic death could have been prevented if staff had been given suitable instruction and supervision in relation to their duties to properly supervise children’s mealtimes.
“Childcare providers have an enormous responsibility to ensure the safety and wellbeing of the children in their care, but in this case, Bright Horizons Family Solutions Ltd failed to live up to that responsibility.
“This should serve as a warning to others of the devastating consequences of such failures.
“My sincere condolences are with the family as they attempt to come to terms with their loss.”
When a staff member returned from the bathroom and realised Fox was not breathing, an ambulance was called and nursery staff attempted to dislodge the blockage.
They also performed CPR.
The crown office said a subsequent investigation found that between the 21st of May 2019 and the 9th of July 2019 the nursery's operator failed to provide employees at the facility with suitable instruction and supervision to adequately control the risk of choking during mealtimes.
It also concluded that there were occasions during the same period when staff were involved with other tasks and therefore not watching the children eat.
Since the child’s death the company has reviewed its procedures, and offered extra training to all Scottish staff.
Ros Marshall, managing director of Bright Horizons, said there "are no words which are adequate to console (Fox's family) and we offer our heartfelt apologies".
"Our acceptance of responsibility today makes clear that the mealtime safety procedures we had in place at our Corstorphine Nursery in 2019 were not properly observed, with terrible consequences," she said.
"Every day, we care for children and fully appreciate that keeping children safe is always the first priority. We have comprehensively reviewed how we operate, including all our mealtime safety procedures, staff training and our supervision arrangements, to ensure that the right lessons were learned from this tragedy.
"Fox's memory will forever live on in our hearts and minds, influencing our practice and shaping our approach to keeping everyone safe."