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Immediate action will be taken to address systemic failures in relation to deaths in prison custody, Justice Secretary Angela Constance has pledged.

The Scottish Government accepts Sheriff Collins’ Fatal Accident Inquiry finding that the deaths of Katie Allan and William Lindsay were preventable, and that systemic failures contributed to their deaths, the Justice Secretary said in a statement to Parliament.

To contribute to the system wide reform that must take place, six direct actions will be taken. There will be a new, independent National Oversight Mechanism which will strengthen accountability in relation to the implementation of FAI recommendations. This will also ensure that systemic issues are identified and addressed.

In addition, His Majesty’s Inspector of Prisons for Scotland will provide independent oversight and monitoring of the implementation of the report’s recommendations, reporting directly to the Justice Secretary.

The actions are:

1. The Scottish Prison Service will urgently and immediately review its policy on items that can be used as ligatures, while continuing to develop an anti-ligature risk assessment, to support existing work to ensure prison spaces are as safe as possible. In addition, the development of suicide prevention technology will be accelerated and, if viable, piloted and reviewed.
2. Talk to Me, The Scottish Prison Service’s Suicide Prevention Strategy, will be completely revised and overhauled. A standardised approach will also be developed to ensure that all information from relevant agencies is shared with the Scottish Prison Service at the time of a person’s admission to prison.
3. Death in Prison Learning and Audit Reviews will now all be independently chaired and already include consideration of the safety of the prisoner’s physical environment, which was a specific recommendation in Sheriff Collins’ Determination.
4. Legal Aid for bereaved families participating in deaths in custody Fatal Accident Inquiries will become free, with means-testing removed through legislation that will be brought forward at the earliest opportunity.
5. An independent review of the Fatal Accident Inquiry system will be established to look at the efficiency, effectiveness and trauma informed nature of investigations into deaths in prison custody, to report direct to the Cabinet Secretary by the end of this year.
6. The Scottish Government will continue to pursue the lifting of Scottish Prison Service’s corporate Crown Immunity under health and safety law, with the UK Government.

Ms Constance accepted the Sheriff’s 25 recommendations and promised that each and every one would be given careful consideration, with a full, formal response delivered to Parliament.

Speaking after the statement, Ms Constance said:

“My deepest sympathies and condolences are with the families of Katie and William. The tragic deaths of these two young people should not have happened while they were in the care of the state.

“The Scottish Government accepts Sheriff Collins’ finding that these deaths were preventable. The systematic failures identified require a systemic response. I hear and fully understand the families’ demand for action. That is why I have set out six specific, direct actions that will contribute to the system wide reform that must take place.

“I am determined to lead change across SPS, NHS and broader partners to take forward the necessary reforms; while, many changes have already taken place, further improvements are needed, at both operational and procedural level. I also expect to see a cultural change in the way agencies work individually and collectively together.

“There also needs to be a shift in the balance from custody to justice in the community. People should face the consequences of their actions when they have broken our laws, but in many cases that can be done safely and more effectively in the community not in prison.”

Background

Justice Secretary statement to the Scottish Parliament