DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATHS OF NIAMH FRANCES BYSOUTH AND TERRIE FAYE OLIVER [2012] ScotSC 56 (01 May 2012)

DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATHS OF NIAMH FRANCES BYSOUTH AND TERRIE FAYE OLIVER [2012] ScotSC 56 (01 May 2012)

The deaths of Niamh Frances Bysouth and Terrie Faye Oliver were suicides and may have been avoided had there been at least four staff members on duty at the Good Shepherd Open Unit and had the girls been accommodated on the first floor rather than in the ground floor flat opposite an unalarmed fire exit. There were no defects in the system of working that contributed to the deaths, but there were relevant systemic and communication failures regarding risk assessment, information sharing, and accommodation decisions.

Citation
[2012] ScotSC 56
Parties
Deceased: Niamh Frances Bysouth (also known as Niamh Frances Lafferty); Deceased: Terrie Faye Oliver (also known as Georgia May Rowe); Placement Authority for Niamh: Argyll and Bute Council; Placement Authority for Georgia: Hull City Council
Jurisdiction
Scotland
Judgment Date
01 May 2012
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Formal determination under Section 6(1) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976: deaths were suicides; reasonable precautions could have avoided the deaths; no defects in system of working contributed; relevant facts identified.
Legal Topics
Fatal Accident Inquiry, Care of Children, Suicide, Residential Care Standards, Reasonable Precautions, Systemic Failures in Child Care
Public Law Child Law Administrative Law Fatal Accident Inquiry Care of Children Suicide Residential Care Standards Reasonable Precautions +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Niamh Frances Bysouth (also known as Niamh Frances Lafferty)

Deceased

Terrie Faye Oliver (also known as Georgia May Rowe)

Deceased

Argyll and Bute Council

Placement Authority for Niamh

Hull City Council

Placement Authority for Georgia

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 What were the circumstances of the deaths of Niamh Frances Bysouth and Terrie Faye Oliver?
  2. 2 Were there reasonable precautions whereby the deaths might have been avoided?
  3. 3 Were there defects in the system of working which contributed to the deaths?

Ratio Decidendi

The deaths of Niamh Frances Bysouth and Terrie Faye Oliver were suicides and may have been avoided had there been at least four staff members on duty at the Good Shepherd Open Unit and had the girls been accommodated on the first floor rather than in the ground floor flat opposite an unalarmed fire exit. There were no defects in the system of working that contributed to the deaths, but there were relevant systemic and communication failures regarding risk assessment, information sharing, and accommodation decisions.

Court Disposition

Formal determination under Section 6(1) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976: deaths were suicides; reasonable precautions could have avoided the deaths; no defects in system of working contributed; relevant facts identified.