Xander Irvine: Death of toddler struck by elderly driver in Edinburgh could have been avoided, inquiry finds

The death of a toddler hit by a car driven by a pensioner with undiagnosed dementia could have been avoided, a fatal accident inquiry 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 Principal Nigel Ross found the collision was caused by 91-year-old Edith Duncan losing control of the vehicle entirely due to her inability to perform a routine turning manoeuvre.

Xander died in the city’s Royal Hospital for Sick Children later the same day from “multiple injuries”.

Ms Duncan, who was facing prosecution for the incident, died a year later.

Sheriff Ross said the collision could have been avoided if Ms Duncan’s cognitive ability had been properly assessed and if authorities had subsequently moved to revoke her driving licence.

“Revocation was both reasonable and required in light of her cognitive impairment and consequent inability to drive safely,” he found.

“Had reasonable precautions been taken, prior to the collision, to assess Edith Duncan’s cognitive ability, these would have identified that she required further assessment of her driving ability.

“That further assessment would have, in turn, led to the conclusion that she was significantly cognitively impaired and unfit to hold a driving licence.

“The DVLA would have revoked her licence on that basis. Accordingly, had her cognitive impairment been detected, the incident would have been avoided.”

In his final written determination, he made several recommendations, including prioritising changing the present system of self-certification of fitness to drive.

Current DVLA rules mean once a driver reaches 70, they need to renew their licence every three years.

No driving tests need to be retaken, but a health declaration must be made, and any disabilities or conditions that affect driving – such as sight loss, MS or dementia must be reported.

If not, the driver can be fined, or if an accident occurs, their insurance may not be valid.

Sheriff Ross described the current system of self-certification of fitness to drive for people over 70 as “significantly defective.”

He recommended an overhaul of the system, including limiting self-certification to people aged under 80 and requiring anyone over 80 to undertake a cognitive assessment before a renewed licence is granted.

“Failure to pass that assessment should result in both the application for renewal and any current licence being suspended pending further assessment,” wrote Sheriff Ross.

He also recommended that further questions be added to the current application form for renewing a driving licence to prompt information about recent driving history.

The sheriff’s recommendation to alter the self-certification of fitness to drive would require changes to primary legislation, which would be a matter for the UK Government to consider.

The Procurator Fiscal, who acts in the public interest in such Inquiries, led evidence on the facts and circumstances of Xander’s death including evidence from eyewitnesses, evidence on Ms Duncan’s medical condition and risks created by failing to identify drivers with dementia and other defects in the system of driver licensing.

Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for the Crown Office and Procurator Fiscal Service (COPFS) said:  “Xander Irvine’s death was a devastating loss for his family. They have my heartfelt sympathy for all they have suffered.

“I welcome the sheriff’s determination which makes significant recommendations in relation to the fitness-to-drive requirements for drivers over 70 and a change to primary legislation.

“This was an incident that the Lord Advocate carefully considered and was satisfied that the circumstances made a compelling case for a discretionary Fatal Accident Inquiry.

“The procurator fiscal service will continue to keep in contact with the Irvine family and answer any questions they may have about the determination.

“My thoughts remain with the family at this difficult time.”