'They got away with it': Family's anger after brother choked to death on chicken bite fed by carer

Barbara Arch and Wendy Silvester, who worked for Oldbury based Lifeways Community Care, were taking cerebral palsy patient Andrew Strazdins on a seaside break to Cornwall when he died after choking on food in the back seat of the car.

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 handed six month jail terms, suspended for 12 months.

But Mr Strazdins's sister, Elaine Scott, of Halesowen, Dudley, said the verdict amounted to them 'getting away with it'.

She said: "I simply cannot comprehend why they gave Andrew the chicken bite on that day as they had looked after him for so long and knew he couldn't swallow foods unless they were the right kind of consistency.

"They killed him through negligence in my mind and they have completely got away with it."

• MORE: Carers sentenced over vulnerable Stourbridge man's choke death

"I know them being sent to prison would not bring Andrew back, but what message does this sentence send out. There have been no consequences at all.

"The sentence should have acted as a warning to others in the care industry, but I don't feel it has.

"I just hope Andrew's death makes others providing care realise that if you don't follow procedures and take risks, you are playing with peoples' lives."

Renu Daly, of medical negligence specialists Hudgell Solicitors, said legal action is now being investigated, possibly against both Lifeways Community Care and the local authority, holding them liable against the actions of the two carers.

Miss Daly believed the sentence was 'insufficient', for what ultimately 'cost a man his life'.

Mr Strazdins, aged 53, who received 24-hour care at his bungalow in Stourbridge, suffered from a condition called dysphagia and his care plan stated he should only be fed mashed food while sat in a chair at a table under supervision.

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

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.