Whether findings of fatal accident inquiries have any status in law and, if not, what purpose such inquiries serve and what lessons can be …

The constitution and proceedings of fatal accident inquiries are governed by the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976. The findings of the sheriff at the conclusion of a fatal accident inquiry have the same status in law as findings of fact in any other civil proceedings. The sheriff does not determine legal liability for the death, either in the criminal or civil sense, and the determination cannot be founded upon in any other judicial proceedings.The purpose of a fatal accident inquiry is to determine certain specific matters relating to the death with which it is concerned, and certain of the circumstances surrounding that death. These matters include the time, place and causes of the death and of any accident resulting in the death, any reasonable precautions which might have prevented the death, and any defects in any system of working which contributed to the death or the accident which caused it. The findings of the inquiry should inform changes to working practices or safety procedures, where defects in these have contributed to the death. The responsibility for learning any lessons which come out of the inquiry, and for implementing its findings by remedying any defects in practices or procedures which the sheriff identifies, lie with those who have responsibility for managing the systems in question. Examples would include employers, in the case of a death at work, or hospital managers in the case of a death due to medical mishap. The Executive looks to the responsible bodies to have regard to, and to apply as appropriate, any recommendations for change which emerge from a fatal accident enquiry.