The family of a baby boy who tragically died after he choked on a piece of mango while left unsupervised at an Edinburgh nursery have said they ‘remain numb’ – as the nursery was ordered to pay £800,000.
Fox Goulding, aged 10 months, was being cared for at the £1,300-a-month Bright Horizons Nursery in Corstorphine, Edinburgh in July 2019 when the incident occurred.
Edinburgh’s Sheriff Court heard on Tuesday how Fox was left unsupervised for ‘several minutes’ when he choked after the nursery nurse sat next to him went to the toilet.
She thought Fox was still sleeping when she got back, but then she realized that there had been a blockage. After performing CPR, she called an ambulance. He died at the Royal Hospital for Sick Children the next day.
The nursery admitted failings under health and safety at work laws at Edinburgh Sheriff Court, where it was handed the £800,000 fine.
After receiving the verdict the family stated that no amount of money could have been more appropriate to their suffering or address the untimely loss of Fox.
Fox Goulding, aged 10 months, was being cared for at the £1,300-a-month Bright Horizons Nursery in Corstorphine, Edinburgh (pictured) in July 2019 when the incident happened
On Tuesday, Edinburgh’s Sheriff Court heard that Fox went unsupervised for “several minutes” after the nurse who was sitting next to him had to go to the bathroom.
Glen Millar represented the Goulding families and said that his client’s Tuesday guilty plea by nursery was not viewed as a victory for them or something that brings them any sense of fulfillment.
He spoke on behalf of his family and said that they remain as they were since July 9, 2019, numb, disbelieving about the neglect that resulted in Fox’s death.
Professionals who were entrusted to care for Fox abandoned him, blatantly disregarding not just the laws regarding safety and health, but also the principles of common sense, and decency.
“The ultimate price for this was paid, and, despite today’s conviction, it remains the family that must deal with its aftermath.”
A court was told that Fox had been sleeping, but he was actually choking.
After realizing he wasn’t breathing, she called 999. The staff attempted to remove the blockage by placing him on his back.
After paramedics arrived, they were able remove the mango that was blocking his throat. The man was taken to Royal Hospital for Sick Children and died shortly thereafter.
An investigation by the Crown Office found that Bright Horizons Family Solutions had failed to properly instruct and supervise their employees at the nursery between May 21st 2019 and July 9, 2019. This was in response to the child’s risk of choke during meals.
It also stated that the investigation found other instances between those dates where staff weren’t watching over the children eating.
The Crown Office stated that Fox died and the company had reviewed its procedures and policies, and given additional training to staff in Scotland.
Ros Marshall (Managing Director of Bright Horizons) stated that “there are no words that can console Fox’s Family” and offered her sincere apologies.
The nursery admitted failings under health and safety at work laws at Edinburgh Sheriff Court, where it was handed the £800,000 fine
“We accept responsibility today and it is clear that the 2019 mealtime safety protocols at Corstorphine Nursery were not correctly followed with horrible consequences,” he stated.
“Everyday, we take care of children. We fully understand that children’s safety is our first priority. This tragedy has led us to review our operations, which includes all of our safety protocols at mealtimes and staff training. We also reviewed our supervision systems.
“Fox”‘s legacy will live on forever in our hearts, minds and practice. It has influenced our approach to safety and shape our practices.
Alistair Duncan from the Crown Office’s health and safety unit said that the tragedy could have been avoided if the staff were given proper instruction and supervision regarding their responsibility to supervise the children at mealtimes.
He explained that childcare providers have a huge responsibility to protect the wellbeing and safety of their children. In this instance, Bright Horizons Family Solutions was not able to fulfill its responsibility.
“This should warn others about the terrible consequences of these failures.”