This FAI followed the prosecution and conviction of Robyn’s mother, Sharon Goldie, for wilful ill treatment and neglect of her daughter in the year leading up to her death in July 2018. Robyn’s mother failed to seek medical treatment for her when she became ill.
In her determination, Sheriff Linda Nicholson found that a reasonable precaution would have been for Sharon Goldie to have sought medical attention for Robyn or allowed her to access medical attention, when she suffered obvious symptoms of illness.
This precaution may have realistically resulted in Robyn’s death being avoided.
The Sheriff also noted that North Lanarkshire Council did not comply with the social work policies and procedures in place at the time. There was an absence of a written comprehensive assessment, a written child’s plan, and adequate supervision of workers.
Child protection measures should have been put in place and a referral made to the Scottish Children’s Reporter Administration at an earlier stage than they were.
The Lord Advocate decided that it was in the public interest to hold an FAI to examine the full circumstances surrounding Robyn Goldie’s death, identify the learning and help to avoid such incidents happening in the future.
Unlike a criminal trial, an FAI seeks to establish the facts surrounding the death and is not a hearing which apportions blame.
The Procurator Fiscal, who acts in the public interest, provided detailed and comprehensive evidence to the Inquiry on the facts and circumstances of Robyn’s death.
Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said:
“Robyn Goldie’s death occurred in circumstances giving rise to significant public concern and as such a discretionary Fatal Accident Inquiry was instructed.
“This FAI ensured a full public airing of the evidence of the procurator fiscal’s wider investigations. The evidence was tested and the subject of an independent judicial determination.”
“Robyn’s family have been provided with a copy of the sheriff’s determination and our thoughts are with them at this time.”