By james art The death of a toddler hit by a car driven by a pensioner with undiagnosed dementia could have been avoided, a fatal accident investigation has found.
Xander Irvine was walking with his mother, Victoria, 37, when he was knocked down on Edinburgh’s Morningside Road by a Kia Picanto in June 2020.
Sheriff’s Director Nigel Ross determined the collision was caused by 91-year-old Edith Duncan, who lost control of the vehicle entirely due to her inability to perform a routine turning maneuver.
Xander died at the city’s Royal Hospital for Sick Children later that day from “multiple injuries”.
Mrs Duncan, who faced prosecution over the incident, died a year later.
Sheriff Ross said the collision could have been avoided if Ms Duncan’s cognitive abilities had been properly assessed and if authorities had subsequently acted to revoke her driver’s licence.
“The revocation was both reasonable and necessary in light of her cognitive impairment and consequent inability to drive safely,” he found.
“Had reasonable precautions been taken to assess Edith Duncan’s cognitive abilities prior to the collision, they would have determined that she required further assessment of her ability to drive.
“This further assessment would in turn lead to the conclusion that she is significantly cognitively impaired and unfit to hold a driving licence.
“The DVLA would have revoked her license on that basis. Accordingly, if her cognitive impairment had been detected, the incident would have been avoided.
In his final written decision, he made several recommendations, including prioritizing change to the current system of self-certification of driving fitness.
Current DVLA rules mean that once a driver reaches the age of 70, they must renew their license every three years.
Re-sit driving tests are not required, but a health declaration must be made and any impairments or conditions that affect driving – such as vision loss, MS or dementia – must be reported.
If not, the driver may be fined, or if an accident occurs, their insurance may not be valid.
Sheriff Ross described the current system of self-certifying driving fitness for over-70s as “significantly flawed”.
He recommended a major overhaul of the system, including limiting self-certification to people under the age of 80 and requiring anyone over 80 to complete a cognitive assessment before being granted a renewed license.
“Failure to pass this assessment shall result in both the renewal application and the suspension of any current license pending further assessment,” Sheriff Ross wrote.
It also recommended that additional questions be added to the current driver’s license renewal application form to obtain information about recent driving history.
The Sheriff’s recommendation to change the self-certification of fitness to drive will require changes to the underlying legislation, which will be a matter for consideration by the UK Government.
The Crown Prosecution Service, who acts in the public interest in such inquiries, gathered evidence about the facts and circumstances of Xander’s death, including eyewitness accounts, evidence about Mrs Duncan’s medical condition and the risks created by failing to identify drivers with dementia and other defects in a driver’s license system.
After the decision was published, Procurator Fiscal Andy Shanks, who leads death investigations for the Coroner’s Office and Coroner’s Fiscal Service (COPFS), said: “Xander Irvine’s death has been a devastating loss for his family. They have my heartfelt sympathy for all they have suffered.
“I welcome the Sheriff’s determination to make important recommendations regarding fitness to drive requirements for drivers over 70 and change to the underlying legislation.
“This was an incident which the Lord Advocate considered carefully and was satisfied that the circumstances provided a compelling case for a discretionary fatal accident investigation.
“The DA’s fiscal office will continue to liaise with the Irvine family and answer any questions they may have about the decision.
My thoughts remain with the family at this difficult time.
STV news is now on WhatsApp
Get all the latest news from across the country
Follow the news on STV
Follow STV News on WhatsApp
Scan the QR code on your mobile device for all the latest news from around the country
