INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS JAMES STRAIN [2010] ScotSC 164 (28 September 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS JAMES STRAIN [2010] ScotSC 164 (28 September 2010)

There were no reasonable precautions whereby the death might have been avoided and no defects in any system of working which contributed to the death. The absence of the psychiatric report and the failure to carry out a follow-up mental health assessment did not have a bearing on the circumstances of Mr Strain's death. The risk assessment and management were appropriate, and the tragic outcome could not have been predicted or prevented by the systems in place.

Citation
[2010] ScotSC 164
Parties
Deceased: Thomas James Strain; Applicant: Crown; Interested Party: SERCO; Interested Party: Scottish Prison Service (SPS)
Jurisdiction
Scotland
Judgment Date
28 September 2010
Procedural Posture
Fatal Accident Inquiry / Determination After Evidentiary Hearing
Outcome
No formal findings under section 6(1)(c) or (d); recommendations made under section 6(1)(e).
Legal Topics
Death in Custody, Suicide Prevention, Risk Assessment, Prison Administration, Procedural Safeguards
Prison Law Criminal Law Public Law Death in Custody Suicide Prevention Risk Assessment Prison Administration Procedural Safeguards

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Parties

Thomas James Strain

Deceased

Crown

Applicant

SERCO

Interested Party

Scottish Prison Service (SPS)

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination After Evidentiary Hearing

Legal Issues

  1. 1 Whether there were reasonable precautions whereby the death might have been avoided
  2. 2 Whether there were defects in any system of working which contributed to the death
  3. 3 Whether other relevant facts to the circumstances of the death should be noted

Ratio Decidendi

There were no reasonable precautions whereby the death might have been avoided and no defects in any system of working which contributed to the death. The absence of the psychiatric report and the failure to carry out a follow-up mental health assessment did not have a bearing on the circumstances of Mr Strain's death. The risk assessment and management were appropriate, and the tragic outcome could not have been predicted or prevented by the systems in place.

Court Disposition

No formal findings under section 6(1)(c) or (d); recommendations made under section 6(1)(e).

Orders

  • No reasonable precautions identified whereby the death might have been avoided.
  • No defects in any system of working contributed to the death.