Fatal Accident Inquiry support for families

28 Mar 2025 11:36 AM

Immediate access to non-means tested legal aid.

Family members involved in deaths in custody Fatal Accident Inquiries (FAI) are to have immediate, free access to legal aid support and advice.

Justice Secretary Angela Constance confirmed that she is using existing Ministerial powers to remove means-testing for legal aid in such cases, so that from 7 April families will not have to provide information on their income.

Ms Constance announced the move as she updated the Scottish Parliament on a range of actions to address systemic failures identified by Sheriff Collins in his FAI determination relating to the deaths of Katie Allan and William Lindsay (also known as William Brown) at HM Prison & Young Offenders Institution Polmont. This followed the Justice Secretary’s previous statement to Parliament on the issue in January this year.

All of the Sheriff’s 25 recommendations have been accepted and work on these will be delivered at pace and progress will be closely monitored.

Ms Constance outlined the measures being implemented, which include:

• The Scottish Prison Service (SPS) has initiated a dedicated operational taskforce, chaired by the SPS Chief Executive, and involving NHS partners, to ensure all of the recommendations are actioned.
• His Majesty’s Chief Inspector of Prisons for Scotland will provide the Justice Secretary with an initial report by the summer on how the implementation of Sheriff Collins’ FAI recommendations will be independently reviewed.
• The Scottish Prison Service is overhauling its Suicide Prevention Strategy ‘Talk to Me’ across the prison estate. The strategy will be published at the end of this year, with a full training package to be rolled out in 2026.
• In consultation with the Lord Advocate, an independent review of the FAI system has been commissioned to focus on improving the efficiency, effectiveness, and trauma-informed nature of investigations into deaths in prison custody. The appointment of a Chair is expected to be announced shortly.

Ms Constance yesterday said:

“I was grateful to have had the opportunity to again meet with the families of William Lindsay and Katie Allan today and extend my deepest condolences to them, as I do to all those affected by a death in custody.

“It is through ongoing and decisive action that we will create the lasting change they rightly demand and deserve. We have made substantial progress since my January statement to Parliament.

“We will continue to drive forward change and strengthen accountability. This is about changing the system and the culture that underpins it.”

Background

From Monday 7 April, close family members involved in deaths in custody FAIs will have access to free non-means-tested legal aid.

The formal response from Scottish Ministers and Scottish Prison Service to the FAI determinations was submitted to the Scottish Courts and Tribunal Service and published on 13 March.

Read the Justice Secretary’s statement to Scottish Parliament, 27 March 2024

Read the Justice Secretary’s Deaths in Custody statement to Scottish Parliament, 23 January 2024