Scotland: Fatal Accident Inquiry

Terence Michael Griffin

Reference B1115/11 Published 20 September 2013 Sheriff Sheriff J. Baird Sheriffdom Glasgow and Strathkelvin Section 28 responses identified 0 8-week deadline 15 November 2013

Recommendations

Recommendations (the sheriff's words)

It does occur to me thought that there was merit in the suggestion that the guidance issued to doctors on this issue might be made more directive.

If the guidance was to the effect that a doctor in the situation under discussion here had to advise the patient that he must not drive and that the patient was obliged to advise the DVLA of that and that the doctor was obliged to do that also, it would shorten the whole process and take it out of the hands of the patient who simply refuses to co-operate.

It may well be thought that the system ought to be that where a diagnosis of a relevant condition is made which affects FTD, relevant medical professionals should be able to say to the patient that while they appreciate the difficulties which may be caused to that person’s livelihood and family life by not being able to drive, they are obliged to report that diagnosis to the body (DVLA) which will then decide whether to revoke the entitlement to drive.

Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The 8-week window is counted from the publication date. See how we track responses.

Section 28 responses

Overall status, as assessed by this site: Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

About Fatal Accident Inquiries

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

Data: scotcourts.gov.uk.