Based on reporting by The Press and Journal, 14 September 2026. All rights in the original report remain with the publisher.
What was reported
According to The Press and Journal, the Health and Safety Executive has opened an investigation following the death of a resident at Willowbank Residential, a care centre situated near Peterhead in Aberdeenshire. The report was published on 14 September 2026.
As reported by The Press and Journal, the circumstances surrounding the death are the subject of an ongoing inquiry. No further details about the nature of the incident have been confirmed publicly at this stage. The HSE is the statutory body responsible for investigating work-related deaths and serious incidents in care settings across Great Britain.
Our thoughts are with everyone affected by this loss. The information below is provided for general guidance only and is not intended to pre-empt the outcome of any investigation.
Deaths in care settings: how claims work in Scotland
When a person dies in a care home or residential facility, and there is reason to believe that a duty of care may not have been met, close relatives in Scotland may be entitled to pursue a claim for compensation under the Damages (Scotland) Act 2011. This legislation sets out who is eligible to claim and what losses can be recognised by a court.
Care homes owe a legal duty of care to every resident in their charge. This duty extends to ensuring that appropriate staffing levels are maintained, that risk assessments are carried out and acted upon, that medication is administered correctly, and that residents are protected from foreseeable harm. In incidents of this kind, liability often rests with the organisation responsible for the management and operation of the facility, though this can only be determined once a full investigation has been completed.
It is important to note that an HSE investigation does not in itself establish civil liability. A family would need to pursue a separate civil claim, typically with the assistance of a personal injury solicitor experienced in fatal accident cases under Scots law. Any such claim is entirely independent of criminal or regulatory proceedings.
Time limits
In Scotland, the right to pursue a civil compensation claim following a death is governed by the Prescription and Limitation (Scotland) Act 1973. As a general rule, a claim must be raised within three years of the date of death. In some circumstances, the three-year period may run from the date on which the cause of death first became known or could reasonably have been established, but this is a matter that requires careful legal advice in each individual case.
While there is no obligation on a family to act immediately, particularly in the aftermath of bereavement, it is advisable not to allow time to pass unnecessarily. Evidence can become harder to recover, witnesses' recollections can fade, and records may be more difficult to obtain. Families should be aware of the time limit without feeling pressured to make any decisions before they are ready.
What compensation can cover
Under the Damages (Scotland) Act 2011, the following categories of loss may be recoverable by close relatives of a person who has died as a result of another party's negligence:
- Loss of society: This covers the grief, distress and loss of companionship experienced by close relatives such as a spouse, civil partner, children or parents. It acknowledges the emotional impact of bereavement on those closest to the deceased.
- Loss of financial support: Where the deceased contributed financially to a household or dependants, those dependants may be entitled to claim for the income or support they have lost.
- Funeral expenses: Reasonable costs associated with the funeral can form part of a compensation claim.
- Services: If the deceased provided practical care or services to family members, such as childcare or assistance with household tasks, compensation may be sought to reflect the cost of replacing those services.
The amount of compensation awarded will depend on the specific circumstances of each case and the relationship between the claimant and the deceased. Every case is different, and no general figure can be given here.
In Scotland, solicitors handling personal injury and fatal accident claims on a no win, no fee basis are not permitted to deduct a success fee from the compensation awarded to clients.
Frequently asked questions
Can a family make a compensation claim while an HSE investigation is still ongoing?
Yes. A civil claim for compensation is a separate process from any regulatory or criminal investigation. A family can take legal advice and begin preparing a civil claim at any point, even if the HSE has not yet concluded its inquiry. In practice, the findings of an investigation can be useful evidence, but they are not a prerequisite for starting a claim.
Who can bring a claim following a death in a care home in Scotland?
Under the Damages (Scotland) Act 2011, certain close relatives are entitled to claim. These include a spouse or civil partner, children, parents, siblings, and in some circumstances grandparents or grandchildren. The precise eligibility of each relative will depend on their relationship to the deceased and the specific facts of the case.
What if the care home denies responsibility?
It is common for a care provider or their insurers to dispute liability, at least initially. A solicitor experienced in fatal accident claims can gather medical records, care plans, incident reports and expert evidence to build the case. If an agreement cannot be reached, the matter can be pursued through the Scottish civil courts.
How long does a fatal accident claim typically take in Scotland?
The duration of a claim varies considerably depending on whether liability is disputed, the complexity of the medical evidence, and whether the case is settled or proceeds to court. Some claims are resolved within months; others can take considerably longer. A solicitor can give a more realistic indication once the specific circumstances are known.
Is there any cost to the family for pursuing a claim?
Many solicitors in Scotland handle fatal accident claims under a no win, no fee arrangement. If the claim is unsuccessful, no legal fees are payable by the family. If it is successful, in Scotland the success fee cannot be deducted from the compensation that is awarded, meaning the family receives the full sum in the event of a successful outcome.
Based on reporting by The Press and Journal, 14 September 2026. All rights in the original report remain with the publisher.