Nursery fined £10,000 after child suffered allergic reaction to meal containing nuts

A nursery in Godalming, Surrey, has been prosecuted after a child with allergies had to be taken to hospital after being fed a meal containing nuts.

Credit: Yorkman/Shutterstock.com

The nursery, which cannot be named for legal reasons, pleaded guilty to exposing the child to a health and safety risk, at a hearing at Staines Magistrate Court on 17 May.

The nursery was fined £10,000 and ordered to pay Waverley Borough Council’s costs of £4,500 as well as a victim surcharge of £120.

Speaking about the prosecution, Richard Homewood, head of environmental services at Waverley Borough Council, said: “We’re really pleased with the outcome of this case. This was a very serious incident that caused a lot of distress to the child and the child’s family.

“If parents have any concerns about breaches of health and safety at their child’s nursery, I would urge them to contact Waverley Borough Council so enquiries can be made.”

The offence, which took place on 20 October 2015, occurred when the nursery gave the child a meal made from pesto, after there were no nut-free meals in the freezer.

Assuming it was nut-free, a member of staff bought the pesto, but despite being aware of the child’s allergies, none of the staff checked the label which stated that it contained cashew nuts.

The incident resulted in the child being taken to hospital in an ambulance, where the child’s ears, hands and arms became swollen and his body erupted in hives. The child also had some difficulty breathing.

At the hearing, the child’s parents revealed they had informed the nursery of the child’s nut allergy on more than one occasion.

A later investigation by Waverley Borough Council’s environmental health officers found the health and safety training for staff at the nursery to be 'inadequate'.

Since December 2014, childcare providers in England and Wales are required to comply with The Food Information Regulation which introduced a requirement for food businesses, including childcare providers, to give information about the allergenic ingredients used in any food they sell or provide, including pre-packed foods.