A care home where a resident died after swallowing cleaning fluid has had its fine tripled by an appeal court.

Ninety-year-old David Fyfe died from ammonia poisoning four days after drinking cleaning fluid at Tigh-Na-Muirn in Monifieth, Angus, in 2020. The fluid had been stored on top of a bathroom cabinet in his room.

Tigh-Na-Muirn Ltd, which runs the home, was fined £20,000 after pleading guilty to breaching health and safety laws at Dundee Sheriff Court in May 2023.

The appeal court increased the fine to £60,000 after finding the penalty had been “unduly lenient”.

Judge Lady Wise said: “In selecting a headline sentence of £30,000 the sheriff had chosen an unduly lenient penalty. It was far too low and failed adequately to reflect the seriousness of the offence to which the respondent had pled guilty.

“There was no indication in the sheriff’s report as to how she had arrived at the figure of £30,000 or how it met the sentencing aims. The level of fine required to be meaningful and send a message to those with health and safety duties.

“The offence occurred in a care home when the Covid-19 pandemic was at its full height and when care homes in particular were operating under enormous pressure. We also recognise that the offence occurred as a result of staff attempting to ensure that residents were kept safe by minimising items coming in and out of resident’s rooms and possibly spreading infection. Nevertheless, we consider that the fine imposed by the sheriff failed to fulfil sufficiently the relevant sentencing objective of punishment and deterrence.”