A 91-year-old woman with dementia who killed a three-year-old boy should not have been allowed to drive, an inquiry has ruled.
Xander Irvine died in June 2020 after being struck by a Kia Picanto car in Edinburgh’s Morningside Road.
The toddler had been out walking with his mum, Victoria, when driver Edith Duncan mounted the pavement, hit the pair, and crashed into a shop.
Xander was taken to the city’s Royal Hospital for Children and Young People but died from multiple injuries.
Ms Duncan was charged with causing death by dangerous driving and driving without insurance but died in 2021.
A fatal accident inquiry (FAI) took place at Edinburgh Sheriff Court earlier this year which heard that Ms Duncan lost control of her vehicle while attempting to perform a turning manoeuvre.
In his written FAI determination published on Tuesday, Sheriff Principal Nigel Ross stated: “The loss of control was entirely caused by Edith Duncan’s inability to perform safely what would otherwise have been a routine turning manoeuvre.
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“She was, at the time, suffering from significantly impaired cognitive ability as a result of frontotemporal dementia, and was unfit to drive or hold a driving licence.”
The sheriff said the collision “would have been avoided” if Ms Duncan’s cognitive ability been properly assessed and had authorities subsequently moved to revoke her driving licence.
The FAI report noted that Ms Duncan’s medical notes contained “no warning flags” in relation to dementia.
Ms Duncan, who passed her driving test in 1964, had cancelled her insurance in March 2020 due to concerns over the cost.
Her decision to continue to drive was seen to “show a lack of consequential thought” and was “contrary” to her former behaviour and “previous rule-observant career as an orthopaedic theatre sister”.
Following the incident, the pensioner claimed her “foot must have slipped on the accelerator” but witnesses said the car only stopped because it collided with a building and not because of the brakes.
When assessed by Professor Gary Macpherson 10 months later, Ms Duncan was described as “extremely articulate” with a “no-nonsense” presentation.
However, there was said to be an “emotional disconnect” between the gravity of the criminal charges and her response to them as she was found to have “thought the whole thing was a fuss”.
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Sheriff Ross said the current regime of self-certification of fitness to drive for people over the age of 70 was “significantly defective” and has recommended an overhaul of the system “as a matter of priority”.
Under current laws reserved to Westminster, drivers over the age of 70 must renew their licence every three years and must report to the DVLA if they feel they have any cognitive impairment.
Drivers found to have breached this rule can be fined up to £1,000 and could face prosecution.
Currently there is no legal age to stop driving in the UK and Ms Duncan had renewed her driving licence in January 2020.
Sheriff Ross said the system relies on self-certification by the applicant driver, adding: “It fails to identify unfitness to drive in applicants who either deliberately or unintentionally fail to give correct information on the relevant application form.
“It fails to recognise that driving ability may decline with age, or that dementia sufferers may be unaware of their own condition.”
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Sheriff Ross recommended the current process of self-certification be limited to applicants under 80-years-old.
He said applications for renewal should continue to be required every three years from the age of 70 onward and those over the age of 80 must undertake a cognitive assessment before a renewed licence is granted.
The sheriff also recommended further questions be added to the current application form for renewal of a driving licence to prompt information about recent driving history.
He acknowledged that the measures would require changes to primary legislation, which would be a matter for the UK government.
