Selkirk care home fined following death of resident given 'unsafe' food

Author: Ally McGilvrayPublished 3rd Mar 2026
Last updated 3rd Mar 2026

A care home in the Scottish Borders has been fined £16,000 following the death of a resident who was served a meal which was not safe for him to consume.

Selkirk Sheriff Court heard the need for Thomas Telford to be given mashable meals and to be supervised while eating was well documented in his notes after being admitted to the town's Riverside Healthcare Centre - due to difficulty he had swallowing.

But, on May the 25th, 2023, the 86-year-old, also known as Barry, choked after being provided with a lunch containing beef, mashed potato and cabbage.

And, despite efforts to dislodge the food from his blocked airway, he died that afternoon.

An investigation by the Health and Safety Executive ruled that while the potato and cabbage may have been okay to eat had they been cut into small enough pieces, the beef was not minced or sufficiently moist.

The court heard there was a fault with a colour-coding system in plating the food and a member of staff who might have noticed the error had been helping to feed another resident at the time.

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Sheriff Peter Paterson said had there been proper supervision the inappropriate plating would have been noticed and the meal would not have been eaten.

Riverside Care Limited today (Tuesday) pled guilty to a breach of the Health and Safety at Work Act, by failing to meet Mr Telford's dietery requirements.

KC Emma Toner, representing the company, said it had taken significant steps to raise awareness of Dysphagia - the medical term for difficulty swallowing - following Mr Telford's death.

And all staff are now required to undergo extended training, to help them recognise the risks.

In addition to the fine, the care home has also been ordered to pay a £1,200 victim surcharge.

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