A PENSIONER starved herself to death after apparently living in squalor for months, despite staying in a warden monitored flat.

The body of Marjorie Birtwhistle, 79, was found lying under a filthy quilt on a settee in her Middlesbrough flat on New Year's Eve last year. She weighed just over four stone.

A warden who entered the flat found the food in her kitchen covered in mould.

In an unusual move the Teesside Coroner Michael Sheffield yesterday ruled that the warden-controlled service had failed the pensioner.

Ruling she had died of pneumonia brought on as a result of starvation he said: "I have to consider in cases like this whether there could have been system neglect.

"This could apply to whether a person is in some degree of care or observation and appropriate action could have been taken or not been taken.

"Marjorie Birtwhistle had got down to just over four stones and the state of the home indicated she was not looking after herself.

"But there is no apparent record of this ever having been referred by the mobile wardens to the Care Link co-ordinators so they could take further action or attempt to take further action.

"I appreciate that, had that happened, she could have refused to accept further help. But there is no record or indication that any such reference was made. That does seem to be system neglect.''

The inquest heard how Mrs Birtwhistle, a widow who lived alone in Carey Close, Newport, Middlesbrough, had spoken to wardens in the run-up to Christmas.

She had spoken via an intercom so wardens had no idea of the state of the flat or her general health. When she failed to answer check-up calls on her intercom, on December 27 and December 31, it was decided to visit her flat.

A neighbour told mobile warden Linda Huxley she had not seen Mrs Birtwhistle nor could she remember seeing lights on in the flat.

Having entered the flat Mrs Huxley said: "I immediately saw Marjorie on the settee with an extremely dirty and soiled quilt pulled over her."

The flat was unkempt, neglected and very cold.

Mrs Huxley said: "In my opinion the kitchen was uninhabitable. The food was so mouldy it must have there for some months rather than days."

Pathologist Dr Ursula Earl told the inquest the post-mortem examination deduced starvation was an issue.

Constable Gillian Johnson, who was called to the flat found a number empty Bacardi bottles lying near the body.

Mr Sheffield said: "I am entirely satisfied that Marjorie Birtwhistle died of bronchial pneumonia, due to emaciation. I am satisfied from the evidence that there was self neglect here.

But he added: "I am satisfied Marjorie Birtwhistle died of natural causes, but it was contributed to by both self neglect and system neglect.''

Last night, social services chiefs said Mrs Birtwhistle had rejected all attempts to look after her.

The inquest had heard that after receiving treatment for a broken hip, the pensioner was referred to social services in January last year, but refused help.

Middlesbrough Council media manager Mike Clark said: "This is a terribly sad case, but we must utterly refute the implication that there has been any neglect by individuals or the system. In fact, the reverse is true - individual caring staff did their best to support this lady in difficult circumstances.

"The sad but simple fact is that over a number of years wardens and social workers tried to help Mrs Birtwhistle many times, often going far beyond the normal call of service to try to assist her.

"She was a very independent person and declined their help and our offers to involve members of her family in supporting her."

He added: "While we were clearly concerned about her and tried to give her support, we had to respect her wishes not to accept that support."

Dave Punshon, chief executive of Age Concern, Teesside, said: "There is a fine line drawn between allowing an individual, the individual right to say no and putting themselves or others at risk. Sometimes you have to bite the bullet and make a decision that may be unpalatable."

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