Alison Hume
Determination PDF ↗ Scottish Courts FAI page ↗ Response tracker Statistics By year
Recommendations
Recommendations (the sheriff's words)Interpretation of what constitutes “a structure” in terms of undertaking a rescue ought to be defined expansively.
If anything, the additional functions of Section 4 of the SI infer a requirement to prepare and plan for subsurface operations, and therefore “structures” should be interpreted, not only to include an edifice or building, but any manmade or engineered construction which ought to include a descending structure such as a mine shaft.
I considered that if there was less liability protection for The Fire Service that ought to be a matter to be addressed by consultation and negotiation.
The ability of Strathclyde Fire and Rescue Service to deploy specialist rescue organisations should be seen as a valuable complementary resource.
However in my view the primary rescue functions of Strathclyde Fire and Rescue Service should not be delegated except in exceptional circumstances.
Although this incident was unique in the experience of the local fire and rescue services it should not have been one for which there had been no preplanning.
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.