Kathleen Fancourt
PFD Report
Partially Responded
Ref: 2023-0081Deceased
Coroner's Concerns (AI summary)
The absence of mandatory medical checks for drivers over 70, relying instead on self-declaration, poses a serious risk to road users as enduring medical conditions may go undetected, contributing to fatal accidents.
View full coroner's concerns
This accident was caused by a driver who was 95 years old. At present there is no upper legal limit for drivers. Whilst drivers over 70 are required to apply for a new licence every 3 years there is no requirement for there to be any form of medical check to confirm their fitness to drive. It is left to a self declaration of any medical condition by the driver. There is a concern that if no checks are carried out a driver may be oblivous to their enduring medical condition and this may pose a serious risk to other road users. In 2020 (the last figures publicly available) there were 174 fatal accidents cause by drivers over the age of 70 years old. The Government’s own statistics confirm that “driver illness or disability (mental or physical)” was the 4th most common contributory factor to these deaths.
Responses
Noted
The Department for Transport acknowledges the coroner's concerns but states that current driver licensing arrangements are balanced and proportionate, requiring drivers to declare medical conditions and eyesight standards when renewing their license from age 70. (AI summary)
The Department for Transport acknowledges the coroner's concerns but states that current driver licensing arrangements are balanced and proportionate, requiring drivers to declare medical conditions and eyesight standards when renewing their license from age 70. (AI summary)
View full response
Dear Ms Schofield,
Thank you for your letter of 2 March 2023 and your report made under the Coroners and Justice Act 2009 and Regulations 28 and 29 of the Coroners (Investigations) Regulations 2013, following the inquest you conducted into the death of Mrs Kathleen Grace Fancourt. I understand that this report has also been sent to , Chief Executive of the Driver and Vehicle Licensing Agency (DVLA) and this reply covers both approaches.
I was very sorry to read of the tragic circumstances of this case and would like to express my sincere condolences to the family of Mrs Fancourt.
I have considered your report and its recommendations very carefully. The report suggests that more medical checks should be carried out when drivers renew their licence at the age of 70 and over.
The current driver licensing arrangements are underpinned by a legal requirement that all drivers, of any age, must inform the DVLA if at any time they develop a medical condition that may affect safe driving. All drivers must meet the appropriate health standards for driving and a licence will only be issued to those who meet those standards.
When applying for or renewing a driving licence, applicants must, by law, declare whether they have any medical conditions. The DVLA will investigate drivers who notify a relevant medical condition by obtaining information from them and, where appropriate, from the relevant medical professionals.
The DVLA will also investigate notifications from third parties, including concerned family, friends, neighbours, or health care professionals. This is in recognition of the fact there may be times when an individual may fail to notify From the Secretary of State The Rt Hon Mark Harper MP
Great Minster House 33 Horseferry Road London SW1P 4DR
Web site: www.gov.uk/dft
the DVLA appropriately or where a health condition affects their insight into their driving ability.
Doctors and other medical professionals can also notify the DVLA if they have concerns about the fitness to drive of their patients. Although there is no legal obligation on medical professionals to notify the DVLA about a patient who may be medically unfit to drive, they do have a duty of care to their patient and to the general public when they have concerns and their patient is unwilling or unable to notify the DVLA. Guidelines issued by the General Medical Council and General Optical Council highlight a doctor’s duty to disclose information to the DVLA where the patient has failed to do so.
It is recognised that health can deteriorate in later life and for this reason, driving licences expire at the age of 70 and must then be renewed at least every three years. Everyone renewing a licence from age 70 and over must declare that they meet the legal eyesight standards for safe driving and confirm whether they have any relevant medical conditions which may affect safe driving. These regular renewals provide a timely reminder for drivers to consider their health in the context of driving, and such declarations are a legal obligation.
These arrangements are designed to be balanced and proportionate for all drivers, while balancing road safety and the mobility of individuals.
As your report highlights, the 2020 reported road traffic casualty figures do show 174 fatal accidents but it should be noted that these are accidents “involving” individuals over the age of 70 rather than those caused by an older driver.
However, we are not complacent and the Department for Transport recognises that older people must be able to maintain the skills and confidence required to remain safe and effective drivers. With funding from my department, the Royal Society for the Prevention of Accidents has developed an older drivers’ website www.olderdrivers.org.uk which contains information to help older people to continue to drive for as long as they are safe to do so. It includes details on driving assessments and refresher training and provides advice on making the decision to retire from driving if an individual is no longer able to drive safely. Driver education schemes are also provided by local authorities and these are an effective way of supporting older drivers and help to ensure that they remain fit and competent to drive.
I am very grateful to you for bringing your concerns to my attention. I can assure you that we take road safety very seriously and we are focused on ensuring that only those who are fit to drive are granted a licence to do so.
Thank you for your letter of 2 March 2023 and your report made under the Coroners and Justice Act 2009 and Regulations 28 and 29 of the Coroners (Investigations) Regulations 2013, following the inquest you conducted into the death of Mrs Kathleen Grace Fancourt. I understand that this report has also been sent to , Chief Executive of the Driver and Vehicle Licensing Agency (DVLA) and this reply covers both approaches.
I was very sorry to read of the tragic circumstances of this case and would like to express my sincere condolences to the family of Mrs Fancourt.
I have considered your report and its recommendations very carefully. The report suggests that more medical checks should be carried out when drivers renew their licence at the age of 70 and over.
The current driver licensing arrangements are underpinned by a legal requirement that all drivers, of any age, must inform the DVLA if at any time they develop a medical condition that may affect safe driving. All drivers must meet the appropriate health standards for driving and a licence will only be issued to those who meet those standards.
When applying for or renewing a driving licence, applicants must, by law, declare whether they have any medical conditions. The DVLA will investigate drivers who notify a relevant medical condition by obtaining information from them and, where appropriate, from the relevant medical professionals.
The DVLA will also investigate notifications from third parties, including concerned family, friends, neighbours, or health care professionals. This is in recognition of the fact there may be times when an individual may fail to notify From the Secretary of State The Rt Hon Mark Harper MP
Great Minster House 33 Horseferry Road London SW1P 4DR
Web site: www.gov.uk/dft
the DVLA appropriately or where a health condition affects their insight into their driving ability.
Doctors and other medical professionals can also notify the DVLA if they have concerns about the fitness to drive of their patients. Although there is no legal obligation on medical professionals to notify the DVLA about a patient who may be medically unfit to drive, they do have a duty of care to their patient and to the general public when they have concerns and their patient is unwilling or unable to notify the DVLA. Guidelines issued by the General Medical Council and General Optical Council highlight a doctor’s duty to disclose information to the DVLA where the patient has failed to do so.
It is recognised that health can deteriorate in later life and for this reason, driving licences expire at the age of 70 and must then be renewed at least every three years. Everyone renewing a licence from age 70 and over must declare that they meet the legal eyesight standards for safe driving and confirm whether they have any relevant medical conditions which may affect safe driving. These regular renewals provide a timely reminder for drivers to consider their health in the context of driving, and such declarations are a legal obligation.
These arrangements are designed to be balanced and proportionate for all drivers, while balancing road safety and the mobility of individuals.
As your report highlights, the 2020 reported road traffic casualty figures do show 174 fatal accidents but it should be noted that these are accidents “involving” individuals over the age of 70 rather than those caused by an older driver.
However, we are not complacent and the Department for Transport recognises that older people must be able to maintain the skills and confidence required to remain safe and effective drivers. With funding from my department, the Royal Society for the Prevention of Accidents has developed an older drivers’ website www.olderdrivers.org.uk which contains information to help older people to continue to drive for as long as they are safe to do so. It includes details on driving assessments and refresher training and provides advice on making the decision to retire from driving if an individual is no longer able to drive safely. Driver education schemes are also provided by local authorities and these are an effective way of supporting older drivers and help to ensure that they remain fit and competent to drive.
I am very grateful to you for bringing your concerns to my attention. I can assure you that we take road safety very seriously and we are focused on ensuring that only those who are fit to drive are granted a licence to do so.
Sent To
- Department for Transport
- Driver and Vehicle Licensing Agency
Response Status
Linked responses
1 of 2
56-Day Deadline
27 Apr 2023
About PFD responses
Organisations named in PFD reports must respond within 56 days explaining what actions they are taking.
Source: Courts and Tribunals Judiciary
Report Sections
Investigation and Inquest
On 22 September 2021 I commenced an investigation into the death of Kathleen Grace FANCOURT aged 89. The investigation concluded at the end of the inquest on 01 March 2023. The conclusion of the inquest was that Mrs Fancourt died an Accidental Death.
Circumstances of the Death
On Thursday 16th September 2021 on Broyle Road in Chichester, West Sussex, Kathleen Fancourt was on her mobility scooter waiting at a pedestrian crossing. The crossing light was green for pedestrians and red for traffic. As Mrs Fancourt commernced to cross the road she was hit by a Peugeot car driving over the crossing. The driver of the car was 95 years old and has since this incident pleaded guilty to an offence of dangerous driving.
Copies Sent To
Highways department Gillian Keegan, MP for Chichester
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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.