Being prosecuted by Milton Keynes Council under the Health and Safety at Work Act, the nursery chain pleaded guilty to 11 separate failings in training and procedure at Milton Keynes court on 8 August.
Magistrates could have fined Jigsaw up to 20,000 but decided to pass the case to Aylesbury Crown Court, which has the power to impose an even greater fine, instead. Philip Winsor, chief environmental health officer at the council, said he expected the case to be heard within the next two months. Jigsaw has agreed to pay the council's legal costs.
The inquest into Thomas's death, concluded in January this year, passed a verdict of accidental death contributed to by neglect, after he was given cereal containing milk protein on 11 April 2002. Staff at the Jigsaw Day Nursery in Browns Wood, Milton Keynes, were aware of Thomas's allergy but did not realise that the Sunrise Banana breakfast contained milk.
In a statement read out in court, chief executive of Jigsaw Day Nurseries Mike McKechnie said, 'I want to repeat what I have said all along - that the thoughts of my team and myself are for Mr and Mrs Egan, whose loss goes beyond the imaginable.'
He said his staff had been 'devastated' by the tragedy and were 'passionately committed people who have lived through their own hell - the hell of having your self-belief and self-worth torn apart'.
He stressed how important it was for the sector to learn from this incident.
'I could have, and could still argue, over foresight versus hindsight, the dozens of environmental health officers, Ofsted inspectors, competitor organisations who have failed to see the now obvious flaw. What would be the point? - a baby died and all I have ever asked is that, given we are accepting blame, can we please focus on the facts and the material issues so everyone can learn the right lessons. I have attempted at all times to share those lessons,' he said.
Jigsaw has pleaded guilty to a list of 11 failings under section three of the Health and Safety at Work Act, which relates to a failure in duty towards persons who are non-employees, in this case the children in the nursery's care.
This includes 'a failure to have any qualified first aiders on duty at the nursery'. Mr Winsor said that under the Health and Safety at Work Act, an individual 'would be designated as a qualified first aider after undertaking and satisfactorily completing a four-day intensive course'.
However, the issue of what constitutes an appropriate first aid course for people working with young children and babies is currently being considered under the Review of Childcare Standards and Regulations.
JIGSAW'S MISTAKES
The 11 failings under the Health and Safety at Work Act (1974) are failure to:
* ensure that food supplied did not contain milk
* comply with parental instructions not to serve the child with breakfast
* have any or any adequate handover procedures for children/ infants when they arrive or depart the nursery
* provide any or any adequate training for care staff in relation to food allergies
* provide any or any adequate training of care staff in relation to the importance of checking the contents of food via the food labels
* implement any or any adequate system to identify the level of risk to children/infants in care from food allergies
* carry out any or any suitable and sufficient risk assessment relating to the specific hazards to children/ infants with specific dietary needs and/or those with food allergies
* have any or any adequate treatment plan in place for children/ infants with food allergies who consumed inappropriate food
* have any qualified first aiders on duty at the nursery
* ensure that care staff were adequately informed of emergency procedures
* have all meals for children/ infants with special dietary requirements placed on identifiable coloured plates.
