Carers sentenced over vulnerable Stourbridge man's choke death

Barbara Arch and Wendy Silvester were taking cerebral palsy patient Andrew Strazdins on a seaside break in the West Country when he died after choking on food in the back seat of the car.

Mr Strazdins, aged 53, who received 24-hour care at his bungalow in Stourbridge, suffered from a condition called dysphagia which made it hard for him to swallow and his learning disability meant he tended to cram food into his mouth.

His care plan stated he should only be fed while sat in a chair at a table and that he should be given only mashed food and be supervised as he ate.

He died after the carers gave him a bowl of roughly chopped chicken bites as he sat on his own in the back of the car as it passed through North Devon.

Mr Strazdins was cared for by a company called Lifeways, based in Oldbury, which was paid for by the local authority.

Exeter Crown Court heard how he was on his way to a specially adapted caravan at a holiday park in Bude, Cornwall, in May 2014 when he died at Broadwoodwidger on the A30.

The carers both knew of the strict rules about how he should be fed but Arch leaned back from the passenger seat while Silvester carried on driving, the court was told.

They only stopped when they saw him choking and paramedics found the two women crying and distraught by the side of the road after they failed to revive Mr Strazdins.

A risk assessment had warned specifically of the risk of choking and noted to possible consequence as 'Andrew may die'.

Arch, aged 58, of Smallshire Way, Stourbridge, and Silvester, aged 50, of Newland Court, Birmingham, admitted failing to discharge their duties as carers and were given six-month prison sentences, suspended for two years, by Judge Erik Salomonsen.

The charge was reduced from manslaughter to a breach of the Health and Safety at Work Act at an earlier hearing.

The judge told the pair: "The risk assessment underlined the possibility Mr Strazdins could choke and die. As his carers you willingly took responsibility for him and were trusted to take him away on holiday for his benefit.

"It is clear the chicken bites which he was fed were not mashed but were hard food. They were cut up but not mashed and he was left to feed himself.

"He choked and despite your best efforts, he died. You were both distraught and I accept that the impact remains with you both."

Mr Simon Laws, QC, prosecuting, said the Arch had cared for Mr Strazdins for more than ten years and Silvester since 2011 and both knew all about his problems with swallowing and the risk of choking.

They were taking him for a four-day break in a caravan at Hayle which was adapted to accommodate wheelchairs when he died as they approached the border to Cornwall.

Mr Strazdins was found with a 2cm by 2cm piece of chicken lodged in his throat and other pieces in his stomach and airways showed he had eaten at least four similar pieces before he died.

Mr Laws said:"If they had been cut up, it was not to a significant degree. They had certainly not been cut up to a size which was manageable by him."

He said Mr Strazdins' sister Elaine Scott had written a moving impact statement which detailed how she had campaigned for years to get him the care he needed and how she hopes the case will led to improvements in the standards of care which others receive in the future.

Mr Richard Atkins QC, for Arch, and Mr Graeme Simpson, for Silvester, said they had both loved Mr Strazdins and are still suffering from the psychological trauma of his death.

Neither have worked since the tragedy and both will lose their careers as carers as a result of their convictions.