INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS KILPATRICK [2009] ScotSC 100 (23 April 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS KILPATRICK [2009] ScotSC 100 (23 April 2009)

Death might have been avoided if the response team officer had entered the deceased's flat immediately upon arrival and summoned an ambulance, but there was no defect in the system of working that contributed to the death. Failures in management, communication, and follow-up procedures were identified as relevant to the circumstances but not causative of death.

Citation
[2009] ScotSC 100
Parties
Deceased: Thomas Kilpatrick; Procurator Fiscal Depute (for the Crown): Ms Pasportnikov; Interested Party: Fife Council
Jurisdiction
Scotland
Judgment Date
23 April 2009
Procedural Posture
Fatal Accident Inquiry / Determination Under Section 6(1) of the Fatal Accidents and Sudden Deaths Inquiry (scotland) Act 1976
Outcome
Determination under Section 6(1) of the 1976 Act; no finding of defect in system contributing to death; recommendations for improved management and procedures.
Legal Topics
Fatal Accident Inquiry, Sheltered Housing, Duty of Care, Emergency Response Procedures, Management of Vulnerable Tenants
Public Law Health and Safety Housing Law Fatal Accident Inquiry Sheltered Housing Duty of Care Emergency Response Procedures Management of Vulnerable Tenants

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Parties

Thomas Kilpatrick

Deceased

Ms Pasportnikov

Procurator Fiscal Depute (for the Crown)

Fife Council

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination Under Section 6(1) of the Fatal Accidents and Sudden Deaths Inquiry (scotland) Act 1976

Legal Issues

  1. 1 Circumstances and cause of Thomas Kilpatrick's death
  2. 2 Whether reasonable precautions could have avoided the death
  3. 3 Whether defects in systems of working contributed to the death

Ratio Decidendi

Death might have been avoided if the response team officer had entered the deceased's flat immediately upon arrival and summoned an ambulance, but there was no defect in the system of working that contributed to the death. Failures in management, communication, and follow-up procedures were identified as relevant to the circumstances but not causative of death.

Court Disposition

Determination under Section 6(1) of the 1976 Act; no finding of defect in system contributing to death; recommendations for improved management and procedures.