Scotland: Fatal Accident Inquiry

Jamesina MacKenzie

Reference B45/11 Published 3 July 2012 Sheriff Sheriff Alasdair Lorne Macfadyen Sheriffdom Grampian, Highland and Islands Section 28 responses identified 0 8-week deadline 28 August 2012

Recommendations

Recommendations (the sheriff's words)

It is management’s responsibility to remind staff of their primary duty to the residents and to monitor staff’s fulfilment of that duty.

What can be said however, and on this I do agree with the Procurator Fiscal, is that there is a role in the Care Inspectorate in considering the level of medical and nursing expertise available to the care provider and further for that body to audit the quality of the necessary record-keeping.

[87] The knowledge that this combination of circumstances was allowed to occur will, I hope, enable care homes and general medical practices, to identify similar factors at an earlier stage and allow measures to be taken to prevent the recurrence of such a situation being allowed to develop.

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.