Margaret Humphreys Died At Marlborough House Nursing Home In Church Crookham After Being Served Solid Food

The daughter of an elderly woman who choked to death at a care home is calling for bosses to learn from their mistakes after its owners pleaded guilty to health and safety breaches.

Margaret Humphreys, 84 died after choking on food at Marlborough House Nursing Home, operated by Hestia Care in Church Crookham, Hampshire on August 16, 2014.

Margaret’s devastated family instructed specialist medical negligence lawyers at Irwin Mitchell to investigate the way she was fed.

At a hearing held at Winchester Crown Court  today, Marlborough House pleaded guilty and was ordered to pay an £80,000 fine over two years following a successful prosecution by the Health and Safety Executive (HSE) for breach of Section 3, Health and Safety at Work Act 1974 (as amended).

Grandmother Margaret became a temporary respite resident at Marlborough House on  whilst her family went on holiday. Margaret’s daughter usually cared for her mother at home, since Margaret had suffered a stroke.  The stroke left Margaret unable to swallow large pieces of food, meaning Margaret needed to be supervised whilst eating, and her food had to be cut up into small pieces.

Following Mrs Humphreys’ death and other issues raised at the home, the Care Quality Commission (CQC) took enforcement action and issued a number of warning notices following an unannounced inspection in September the same year.

Inspectors found medicines were not always handled safely, records of medicine administration were not always completed, repositioning charts for those at risk of developing pressure sores were not fully completed and records were not always kept secure.

They also found a resident whose care plan said that they needed their meat to be cut up had to specifically request that staff did it for them.

The HSE launched an investigation into safety standards at the home and found Marlborough House had failed to comply with its responsibilities under the Health & Safety at Work Act 1974.

Expert Opinion

“We have seen with Margaret’s case that serious failings can often have catastrophic outcomes.

“The issues identified in the CQC’s investigation following Margaret’s death, if allowed to continue, would have left residents at risk of harm, pressure sores and malnutrition.

“While these findings come sadly too late to save Margaret, is hoped that Marlborough House can learn from these horrendous mistakes and other vulnerable residents will be spared Margaret’s fate.” Rebecca Brown - Senior Associate

An inquest into Margaret’s death had been adjourned pending the outcome of the HSE investigation.

Gayle Gunner, Margaret’s daughter, said: “It is a really difficult decision to leave a relative in respite care, but it’s done in the hope that they will get the best quality of care, when the family is in need of respite”.

“It is therefore crushing to learn how mum died and we feel that the care home betrayed our trust.

“My family and I are relieved by the hearing’s outcome and hope that through this prosecution, valuable lessons have been learned by Marlborough House to ensure no one else loses their loved ones in the same devastating way we did.

“We now hope to move forward with concluding mum’s inquest so we can get back to thinking of her in happier times and not the dreadful circumstances of her death.”

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