Disabled woman died after carer lost control of wheelchair on escalator
Catherine Muir, 71, was being looked after by Debbie McWhannell, 33, at Glasgow's Easterhouse Shopping Centre on July 15, 2023.
McWhannell, of the city's Mount Vernon, ignored a sign which warned against putting wheelchairs on an escalator.
Ms Muir – who had special needs and was prone to dizziness – was only held on by one of McWhannell's hands as they descended.
Catherine fell and suffered a serious jaw injury, which affected her breathing.
She died in hospital 11 days later after contracting pneumonia.
McWhannell pleaded guilty to an offence against the Health and Safety at Work Act at Glasgow Sheriff Court.
Sheriff Shona Gilroy tagged McWhannell for six months, keeping her indoors between 8pm and 9am as an 'alternative to custody'.
Ms Muir's brother Donald Muir, 68, and sister Janet Muir, 72, said after the sentencing: 'We weren't looking for her to get jailed.
'She made a horrible mistake and she will have to live with that for the rest of her days – it should never have happened.
'It was a sad loss – she lived 72 years and to die that way is just tragic. It's been a disaster.
'I just hope it is publicised so that it doesn't happen again and gives folk a warning about escalators.
'We would like carers to pay attention to all signs at escalators – she blatantly ignored all the health and safety regulations.
'I can't imagine what was in her head – Catherine was not a wee lightweight and had a bulky wheelchair.
'To even attempt to go down an escalator – I can't imagine why, it's shocking.'
The court heard that McWhannell worked for Inclusion Scotland as a supported living assistant.
Ms Muir, originally from Dunoon, in Argyll and Bute, had a significant learning disability and complex care needs. She was non-verbal and suffered from various medical conditions.
On the day of the incident, McWhannell had initially taken Ms Muir up an escalator upon entering the shopping centre.
The lift was out of order at the time of the incident.
McWhannell and Ms Muir visited shops for a short period of time before they headed for the exit.
McWhannell had a bag of shopping on the elbow of one arm while she held Ms Muir's wheelchair with her hand.
Her right hand gripped the handrail of the escalator in the meantime.
Prosecutor Kristina Reilly said: 'When the wheelchair with Catherine strapped in began to descend, McWhannell lost her grip completely and the wheelchair tumbled to the bottom.
'Catherine also attempted to hold the handrail when the chair began to fall.'
Janitor David Ayton attended the scene and pressed the emergency stop button.
He then tended to Ms Muir who was 'hysterical' with facial injuries and was bleeding from her mouth.
McWhannell attempted to assist Ms Muir but was described as 'shaken and hysterical' while she apologised to her.
Ambulance staff were concerned on arrival about Ms Muir's lower jaw injury as it could have caused an airway issue.
Medics carried out an airway suction on her and took her to hospital for further treatment.
Ms Muir was found to have suffered a fractured left jaw which required surgery which included restoring displaced bones using rods and screws.
She also sustained a head injury and was admitted to a high dependency unit.
Ms Muir contracted pneumonia and died 11 days later.
McWhannell was suspended from her job pending an investigation.
The probe found that the escalator had signage which said: 'No pushchairs, wheelchairs or bulky loads.'
Other safer routes of exit were also stated to have been available to McWhannell which included a ramp.
Ms Reilly also told the court that McWhannell was properly trained in manual handling and would have been aware of Ms Muir's care plan.
A formal decision on Ms Muir's status with the Scottish Social Services Council will be made after the end of criminal proceedings.
Ian McCarthy, defending, said: 'This was a one-off, tragic incident with very serious consequences.
'She deeply regrets her involvement in this matter and that it took place.
'She travelled with her in the ambulance and spent time in hospital with her and also visited her.'
Sheriff Gilroy expressed her condolences to Ms Muir's family at the sentencing.
She said: 'I imagine the events that led to her death have been utterly heartbreaking.
'To her next of kin in court – what happened to your sister was utterly tragic and I understand there is upset and anger at the decision made by Miss McWhannell to take Catherine on an escalator while she was on a wheelchair and prone to dizziness.
'Ms McWhannell appears unable to explain her decision and I take that from what she said to the social worker.
'It appears that her rash decision making has been profound and long lasting.
'This was an isolated incident caused by a dreadful decision made by an otherwise law abiding member of society.
'A prison sentence of up to 26 weeks would not help rehabilitation and I am persuaded there is an alternative to custody.'
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