Source · Scotland · Fatal Accident Inquiry
Rosepark Care Home
Scotland · FAI
Reference: FAI-ROSEPARK-CARE-HOME
Published: 19 Apr 2011
Sheriff: Sheriff Principal Brian A Lockhart
Sheriffdom: South Strathclyde, Dumfries and Galloway
View PDF
Court recommendations
Identified
Responses identified
0
8-week deadline
14 Jun 2011
Section 28 status
Response pending
Recommendations
That there should be such an external check by a regulator.
(4) Consideration should be given to the proposal of SF&R that the smoke and fire integrity of compartments (which would include but would not be limited to the presence and effectiveness of dampers, if so fitted) be subject to expert certification in the same way as the electrical installation is certified.
However, I recommend there should be added to section 3.2 of OTN A124 the importance of ascertaining whether or not bedroom doors are closed when obtaining information from staff on arrival.
Ronald Hill, 25 June 2010, pp113-114; Production 1942; Joanne MacDougall, 28 June 2010, am, pp45-48 Brian Sweeney, 12 July 2010, pm, p65; Production 1942; THEREFORE I recommend, if the guidance is to remain in force, it ought to be amended to reflect as accurately as possible, the approach taken by the Care Commission, as evidenced by Ronald Hill and Jacqueline Roberts, to their statutory responsibilities under the 2001 Act and 2002 Regulations.
I recommend that the Scottish Government give careful attention to the following proposals: (i) Whether, when an architect signs an application for a completion certificate on behalf of a client, he should declare: (a) the basis on which he was employed in respect of the project and (b) the steps he has taken to ascertain the building has been completed in accordance with the Building Regulations and the terms of the warrant.
(ii) Whether there should be a more prescriptive regime of the steps required to be taken by Building control before pronouncing themselves satisfied that a building has been completed in accordance with the conditions on which the relevant warrant was granted.
There should be clarity between the potential regulators, namely the Health and Safety Executive, the Fire and Rescue Service, and the successor to the Care Commission (SCSWIS) as to who should carry out this task.
(4) Consideration should be given to the proposal of SF&R that the smoke and fire integrity of compartments (which would include but would not be limited to the presence and effectiveness of dampers, if so fitted) be subject to expert certification in the same way as the electrical installation is certified.
However, I recommend there should be added to section 3.2 of OTN A124 the importance of ascertaining whether or not bedroom doors are closed when obtaining information from staff on arrival.
Ronald Hill, 25 June 2010, pp113-114; Production 1942; Joanne MacDougall, 28 June 2010, am, pp45-48 Brian Sweeney, 12 July 2010, pm, p65; Production 1942; THEREFORE I recommend, if the guidance is to remain in force, it ought to be amended to reflect as accurately as possible, the approach taken by the Care Commission, as evidenced by Ronald Hill and Jacqueline Roberts, to their statutory responsibilities under the 2001 Act and 2002 Regulations.
I recommend that the Scottish Government give careful attention to the following proposals: (i) Whether, when an architect signs an application for a completion certificate on behalf of a client, he should declare: (a) the basis on which he was employed in respect of the project and (b) the steps he has taken to ascertain the building has been completed in accordance with the Building Regulations and the terms of the warrant.
(ii) Whether there should be a more prescriptive regime of the steps required to be taken by Building control before pronouncing themselves satisfied that a building has been completed in accordance with the conditions on which the relevant warrant was granted.
There should be clarity between the potential regulators, namely the Health and Safety Executive, the Fire and Rescue Service, and the successor to the Care Commission (SCSWIS) as to who should carry out this task.
Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks.
The window from publication ran to 14 June 2011.
See how we track responses.
Section 28 responses
Response pendingNo response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.
Determination details
- Reference
- FAI-ROSEPARK-CARE-HOME
- Published
- 19 April 2011
- Sheriff
- Sheriff Principal Brian A Lockhart
- Sheriffdom
- South Strathclyde, Dumfries and Galloway
Navigation
About FAIs
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.