Woman, 91, who killed toddler should not have been driving - inquiry

A 91-year-old pistillate with dementia who killed a toddler should not person been allowed to drive, an enquiry has ruled.

Edith Duncan's Kia veered disconnected Morningside Road successful Edinburgh, hitting three-year-old Xander Irvine and his parent Victoria earlier crashing into a store successful June 2020.

A fatal mishap enquiry (FAI) said Mrs Duncan, who was charged implicit the clang and died successful May 2021, had "significantly impaired cognitive ability" arsenic a effect of her unwellness and was unfit to thrust oregon clasp a driving licence.

It called for the strategy that determines whether a idiosyncratic is acceptable to thrust to beryllium changed arsenic a "matter of priority", requiring drivers implicit the property of 80 to instrumentality a cognitive trial earlier their licence tin beryllium renewed.

There is nary ineligible property to halt driving successful the UK and Mrs Duncan had renewed her driving licence earlier successful the year.

Under existent laws reserved to Westminster, drivers implicit the property of 70 indispensable renew their licence each 3 years and indispensable study to the DVLA if they consciousness they person immoderate cognitive impairment.

Drivers recovered to person violated this regularisation tin beryllium fined up to £1,000 and could look prosecution.

The enquiry heard that earlier the crash, Mrs Duncan had cancelled her security due to the fact that she did not privation to wage the wealth for it arsenic she felt she did not usage her car enough.

On the time of the accident, she had illegally parked her car connected a pelican crossing earlier attempting to execute a U-turn.

She accelerated rapidly crossed the road, hitting Xander and his parent who were walking on the street.

Xander died successful the Royal Hospital for Sick Children from aggregate injuries.

Police said CCTV footage appeared to amusement Mrs Duncan had not applied the brakes arsenic the brake lights had not travel on.

The FAI concluded the origin of the mishap was a nonaccomplishment of power of a conveyance "entirely caused by Edith Duncan's inability to execute safely what would different person been a regular manoeuvre".

Although she died earlier her unwellness was confirmed, the enquiry concluded Mrs Duncan had frontotemporal dementia. She had seen a specializer successful 2021 who said the information whitethorn person gone undiagnosed.

The FAI study noted that, successful an interrogation with forensic and ineligible science adept Prof Gary Macpherson, Ms Duncan appeared "extremely articulate".

But determination was an "emotional disconnect" betwixt the seriousness of the charges and her effect to them.

The study said that Mrs Duncan had frontotemporal dementia and the clang would person been avoided had her driving licence been revoked.

It said this measurement was "both tenable and required successful airy of her cognitive impairment and consequent inability to thrust safely".

The study concluded the existent process of self-certification for drivers implicit 70-years-old is "significantly defective" arsenic it relies connected the operator accurately reporting their condition.

It continued: "It fails to place unfitness to thrust successful applicants who either deliberately oregon unintentionally neglect to springiness close accusation connected the applicable exertion form.

"It fails to recognise that driving quality whitethorn diminution with age, oregon that dementia sufferers whitethorn beryllium unaware of their ain condition."

Sheriff Principal Nigel Ross, who oversaw the FAI, recommended the existent process of self-certification beryllium constricted to applicants nether 80 years old.

He said applications for renewal should beryllium required each 3 years from 70 onwards and immoderate exertion for drivers implicit 80 should not beryllium granted unless the operator has successfully undertaken a cognitive assessment.

The study acknowledged the measures would necessitate alteration to superior authorities connected a reserved substance and is truthful a substance for the UK government.