Hertsmere Borough Council has authorised a health and safety prosecution over the death of a two-year-old who choked at a Radlett nursery in November 2020.

Hertsmere Borough Council has authorised a prosecution over the death of a two-year-old girl at a Radlett nursery almost six years ago.

The council said in a statement published on Tuesday 15 September that it made the decision on 10 September 2026. The prosecution is for alleged offences of breaching section 3(1) of the Health and Safety at Work etc. Act 1974.

It follows what the council called “a full and thorough investigation” into the death of Sadie Salt. The statement says she “choked at Mini Learners Nursery, Radlett, in November 2020”.

The council said: “The Council’s thoughts remain with Sadie’s family, who have been notified of the decision.”

It added that, as legal proceedings are now under way, it will not be commenting further.

What the council has and has not said

The statement is short. It confirms:

  • the date the prosecution was authorised, 10 September 2026
  • the law the alleged offences fall under
  • that Sadie’s family have been told

It does not say who is being prosecuted, which court will hear the case, or when. The alleged offences have not been proved. We will report what the council or the court publishes next, within the limits the law places on reporting live proceedings.

Why the borough council is bringing it

Most people expect health and safety cases to come from the Health and Safety Executive. For nurseries, the enforcing authority is usually the local council instead.

The Health and Safety (Enforcing Authority) Regulations 1998 give councils responsibility for a list of activities. Paragraph 15 of that list is “the provision of child care, or playgroup or nursery facilities”. That is why the investigation, and the decision to prosecute, sat with Hertsmere.

What section 3(1) says

Section 3(1) of the 1974 Act is the duty an employer owes to people who are not its employees. It reads:

It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

In a nursery, the children in its care are among the people that duty covers.

What it means for you

If your child attends a nursery, the rules on mealtimes are set out in the Department for Education’s early years foundation stage framework. The current version for group and school-based providers took effect on 1 September 2026.

Its “Safer eating” section says:

  • a member of staff with a full paediatric first aid certificate should always be in the room while children eat
  • providers must prepare food in a way that prevents choking
  • babies and young children should be seated safely in a highchair or a suitably sized low chair
  • children must always be within sight and hearing of a member of staff while eating, and where possible staff should sit facing them
  • choking incidents that need intervention should be recorded, parents told, and the records reviewed for patterns

The framework also warns that “choking can be completely silent”. It is reasonable to ask your nursery how it meets each of these points.

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