Jigsaw Day Nurseries was fined 60,000 and ordered to pay 19,000 costs by a judge at Aylesbury Crown Court last week, after admitting to safety failures that led to the death of five-month-old Thomas Egan in April last year. The baby had been fed a breakfast cereal that contained cow's milk protein to which he was allergic.
In August the 36-site nursery chain was prosecuted by Milton Keynes Council under the Health and Safety at Work Act and pleaded guilty to 11 separate failings in training and procedure. Magistrates referred the case to Aylesbury Crown Court for sentencing because their powers were limited to imposing a maximum 20,000 fine.
Phil Winsor, chief environmental health officer for Milton Keynes Council, said the case was a 'salutary lesson' for day nurseries and the care sector. He said that the 60,000 fine was 'not a question of putting a value on a life' and added, 'We were looking for deficiencies in health and safety procedure and training.' He said he was satisfied that Jigsaw had now improved its safety policies and procedures.
An inquest in January found the baby's death on 11 April last year was accidental but aggravated by neglect. Staff at the Jigsaw Day Nursery in Browns Wood, Milton Keynes, had been aware of Thomas' allergy but did not realise that the cereal contained cow's milk.
Wendy and Gordon Egan said, 'We are devastated at the loss of our son Thomas and all we can now hope for is that no other parents must endure the heartache that we do.' They also said they believed the fine did not 'reflect the gravity of the mistakes that led to Thomas' death. There was a total disregard for plain and simple instructions and an inability to recognise when urgent medical assistance was required'.
The Egans added, 'We do not, however, believe that all nurseries are not worthy of trust. We are still, in the main, advocates of the nursery environment for the social and educational aspects of childcare.
'We would like to say to all the hardworking and dedicated nursery staff that following parents' instructions and listening carefully when having conversations with parents regarding the care of children placed in their nurseries, is of paramount importance.'
The Egans said that they now planned to take civil action against Jigsaw over their son's death.
Mike McKechnie, chief executive of Jigsaw Day Nurseries, extended his 'deepest sympathies' to the Egans and said his staff had been 'devastated' by the tragedy. He said the company had co-operated fully with the authorities during investigations and that it had tried to ensure that other childcare providers learned from its work. Jigsaw had spent 310,000 on staff training and improving health and safety procedures at all its nurseries, and nursery managers and deputy managers now had to undertake a four-day first aid training course, Mr McKechnie added.
As a result of the case, Ofsted and the Department for Education and Skills are consulting with the Red Cross and other training providers on what constitutes an appropriate first aid course for people working with babies and young children. Currently there is no guidance about the length and type of first aid training they should have.
An Ofsted spokeswoman said that since September, the national standards for under-eights daycare and childminding in England have specified that first aid training should be in accordance with guidance issued to local authorities by the education secretary.
