Death of toddler Xander Irvine: Transport Secretary looking at cognitive tests for over-80s

Three-year-old Xander died after he and his mother Victoria were hit by a car as they walked on the pavement in Morningside Road on June 30, 2020.

The car was driven by 91-year-old Edith Duncan, who lost control as she attempted to do a U-turn. The car struck Xander and his mother before crashing into St Columba’s Hospice shop.

Xander Irvine was killed in the Morningside crash | Police Scotland

In October 2024, a fatal accident inquiry found that Ms Duncan was suffering from "significantly impaired cognitive ability" as a result of dementia and was unfit to drive or hold a driving licence.

Sheriff Principal Nigel Ross, who conducted the FAI, recommended that drivers over the age of 80 should in future be required to take a cognitive test before their licence could be renewed. - and he recommended the change should be made "as a matter of priority".

Ms Alexander has now written to Edinburgh South West Labour MP Scott Arthur with and update after he raised the matter at the House of Commons transport select committee.

She told him: "At the moment there is no conclusive research or evidence to show that the recommendation [requiring cognitive tests] would result in an overall improvement to road safety. I have asked my officials to consider what further research may be useful in this area and to update me on options."

The FAI also recommended that changes should be made to the driving licence renewal form for drivers 70 and over, to include further questions about recent driving history.

Ms Alexander said: "The DVLA will consider changes not only to the renewal form but also to the standard driving licence application form and the reapplication form for those with entitlement to drive buses and lorries."

In its own response to the FAI recommendations, the DVLA pointed out: "The DVLA does not under current legislation have a general power to require those applying for or holding a driving licence to submit to a medical examination."

And Dr Arthur said secondary legislation may be required to make a change which would allow cognitive tests to be brought in.

He welcomed the fact that Ms Alexander was looking at the possibility of such tests and had asked officials to advise her on the options.

And he said: "If it would help, I'd be happy to try to connect the family with the civil servants so they can explain why this is so important."

He continued: "Xander's death was a tragic and almost certainly preventable loss. Residents of Edinburgh South West have urged me to take action to ensure no other family endures such a devastating experience.

"While I recognize the independence driving affords older individuals, our shared responsibility is to prioritize their safety and the safety of all road users."

Last month, Xander’s parents told STV they wanted Xander’s death to lead to some positive change. His dad Paul said: “Sitting through the fatal accident inquiry I heard a lot of experts say there’s a big rise in cognitive decline and that it’s only going to get worse.

"It’s important for me because we want something important to come out of this – we feel it’s what Xander deserves. Something like this might happen again, more than likely will, so this is why we want to try and push the government and the DVLA to make these recommendations that the sheriff has come up with.”

And his mum Victoria added: “We certainly feel this is something we want to see sooner rather than later. We’re appealing to the government and the DVLA to step up and make this a priority.

“We have to see change in Xander’s name, we have a very real fear about this happening again to another family and we don’t want to see anyone else go through anything like what we’ve been through.”