Based on reporting by The Press and Journal, 27 October 2026. All rights in the original report remain with the publisher.
What was reported
According to The Press and Journal, Aberdeen City Council has taken a formal step towards securing answers for the family of a ten-year-old girl who died following an incident at an Aberdeen swimming pool. Councillors voted unanimously in favour of a motion requiring the council's chief officer to provide a meaningful update on the circumstances of the child's death by 17 November 2026.
As reported by The Press and Journal, the motion was passed without opposition, reflecting the seriousness with which elected members are treating the matter. The family of the child is understood to still be awaiting a full account of what happened.
No findings of fault or negligence have been established at this stage. The council's internal process is ongoing, and any formal determination of liability would be a matter for investigation and, if appropriate, legal proceedings.
Fatal accident claims involving public facilities in Scotland
When a child or adult dies as a result of an incident at a publicly operated facility, such as a swimming pool managed by a local authority, Scots law provides a framework through which close relatives may seek compensation. Claims of this kind are typically brought under the Damages (Scotland) Act 2011, which sets out who is entitled to claim and what losses can be recognised.
In incidents of this kind, liability often rests with whoever had a duty of care over the premises and the people using them at the relevant time. Under the Occupiers' Liability (Scotland) Act 1960, those who control a premises owe a duty of reasonable care to visitors. Whether that duty was met in any particular case is a question of fact that must be assessed through investigation, evidence and, where necessary, the courts.
It is also worth noting that, where a public body is involved, there may be duties arising from health and safety legislation, and any relevant findings from a fatal accident inquiry could be relevant to a civil claim. A fatal accident inquiry, conducted by a sheriff, is a separate process from any civil claim for compensation.
Time limits for making a claim in Scotland
Under the Prescription and Limitation (Scotland) Act 1973, relatives who wish to pursue a civil compensation claim generally have three years from the date of death in which to raise proceedings. Missing this deadline can result in the right to claim being lost entirely, so it is important that families are aware of it even if they do not feel ready to act immediately.
There is, however, no obligation on a family to act quickly within that period. Many families choose to allow investigations, inquiries or internal review processes to reach a conclusion before considering legal steps. Provided the claim is raised within the three-year limit, the timing within that window is a matter for the family.
In cases involving a deceased child, the time limit may be calculated differently. Legal advice specific to the circumstances is important in understanding exactly when the clock starts and whether any exceptions apply.
What compensation can cover
Under the Damages (Scotland) Act 2011, the following categories of loss may be recognised in a fatal accident claim brought by close relatives:
- Loss of support: Where the deceased provided financial or practical support to family members, compensation may reflect what those dependants have lost.
- Funeral costs: Reasonable funeral expenses incurred by the family can form part of a claim.
- Loss of society and grief: The Act recognises that close relatives suffer a profound personal loss. This head of damages, sometimes called an award for grief and loss of society, acknowledges the impact of bereavement on those left behind. It is not intended to place a monetary value on a life, but to recognise the harm suffered by the family.
- Services: If the deceased provided unpaid services to family members, such as childcare or care of another relative, a claim can reflect the cost of replacing those services.
In claims of this kind, solicitors typically act on a no-win, no-fee basis, and fees are not deducted from any compensation received. Families should always confirm the precise arrangements in writing before instructing anyone to act on their behalf.
Frequently asked questions
Who can make a claim following a fatal accident in Scotland?
Under the Damages (Scotland) Act 2011, close relatives are entitled to claim. This includes a spouse or civil partner, a cohabiting partner, parents, children and siblings. The Act sets out the full list of qualifying relatives, and eligibility depends on the nature of the relationship with the person who died.
Do we have to wait for all investigations to finish before making a claim?
No. A civil compensation claim is separate from any criminal investigation, health and safety investigation or fatal accident inquiry. Families can begin the process of seeking legal advice at any time. However, evidence gathered during other proceedings can often strengthen a civil claim, so timing is worth discussing with a legal adviser.
What is a fatal accident inquiry and how does it affect a claim?
A fatal accident inquiry is a public hearing held before a sheriff to establish the facts surrounding certain categories of death in Scotland. It does not assign civil liability or award compensation. However, the sheriff's findings can be significant evidence in any subsequent civil claim and may help to clarify what happened and why.
Is there a time limit for bringing a claim after a child's death?
The general rule under the Prescription and Limitation (Scotland) Act 1973 is that a claim must be raised within three years of the date of death. In cases involving a child who has died, the limitation period for relatives claiming in their own right runs from the date of death. Specialist legal advice is important to confirm the exact position in any individual case.
Can compensation be claimed even if no one has been found at fault yet?
A civil claim can be investigated and prepared even before any formal findings are made. Establishing fault is the central question in any civil claim, and that process takes place as part of the legal proceedings themselves. Families do not need to wait for another body to reach a conclusion before seeking advice on their own legal position.
Based on reporting by The Press and Journal, 27 October 2026. All rights in the original report remain with the publisher.