Just Learning Ltd was ordered to pay a £67,000 fine and £78,100 in costs when a local authority investigation into the nursery's policies and procedures found health and safety failings.
The investigation was launched after ten-month-old Georgia Hollick died from asphyxiation after choking on a piece of apple at the Cambourne, Cambridgeshire nursery in April 2006 (News, 27 April 2006). An inquest ruled Georgia's death as accidental.
Jonathan Bell, managing director of Just Learning, appeared before Cambridge Crown Court last week, having already pleaded guilty to one breach of health and safety law.
The legal action was brought by South Cambridgeshire District Council's environmental health department, which decided to prosecute the nursery chain after finding that it failed to have adequate health and safety processes and systems in place (News, 3 July 2008).
The council alleged that staff training records, including those relating to first aid training, were inadequate and that there was no satisfactory system of crisis management.
Speaking to Nursery World after the hearing, Mr Bell said, 'From the company's point of view, we clearly had to review our policies and procedures and identify any lessons that could be learned. We now have a company that regularly reviews Health and Safety regulations and lets us know about any changes to legislation. We also take a centralised approach to reviewing training records to ensure we meet the standards required by law.
'Since the tragedy we have built up relationships with organisations such as Toyguard, who turn up unannounced to carry out hygiene inspections. I would advise other nurseries to use qualified external advisors who can ensure that they are up to date with health and safety legislation and that they meet their requirements. It's not an expensive resource, so it is not cost-prohibitive.'
In a statement, the council said, 'We believe the level of fine properly reflects the seriousness of the offences charged. We hope that as a result of this case, those in the care of others will be safer.
'This has been a difficult time for the Hollick family and our investigating officers are grateful for their patience and support while bringing this complex case to a conclusion.'
Just Learning closed the Cambourne nursery last year after the BBC 'Whistleblower' programme exposed serious safety breaches (News, 28 February 2008). It is now under new ownership.
