Review recommends custody death FAIs should be completed in a year

Fatal accident inquiries (FAIs) into deaths in custody should be completed within no more than a year of the incident, a former judge has recommended.

The Scottish government ordered the review after two young prisoners, Katie Allan and William Brown, took their own lives at HMP Polmont in 2018.

The FAI into their deaths published its findings six years later.

Former sheriff Ian Abercrombie KC, who led the review, said it was "intolerable" inquiries into custody deaths were experiencing lengthy delays.

Justice Secretary Angela Constance said a "multi-agency group" was being established to take forward reforms to the system.

Mr Abercrombie said a new specialist team within Police Scotland's major crime division had taken on responsibility for investigating custody deaths, but a new independent body should be set up if no improvement was noted by 2028.

He said, should that happen, statutory time limits should be introduced.

The independent review has made a total of 34 recommendations.

Mr Abercrombie said "administrative sluggishness" and a "lack of urgency" were significant factors in delays to FAIs being completed.

He said one family who gave evidence to the review described their experience as "brutal, traumatic and damaging".

Mr Abercrombie said: "In relation to deaths in custody, the FAI system is not working.

"Inquiries take far too long, undermining their ability to prevent future incidents and families are often left feeling confused, unsure of their rights or options and often retraumatised.

"It is intolerable that a process, a primary function of which is the prevention of future deaths of those in state care, should take years to conclude."

Laura Buchan, legal director of the Crown Office and Procurator Fiscal Service (COPFS), said it was now considering the review.

She added: "We are clear that system wide change will improve the experience of bereaved families. We'll continue our work with partners.

"Together, we must place families affected by unexplained deaths at the centre of what we do."

An FAI published in January last year found the deaths of Ms Allan, 21, and Mr Brown, 16, at the young offenders' institution were due to a "catalogue of errors" in the system.

It heard how both were "vulnerable" while at the facility.

The Scottish Prison Service (SPS) accepted all 25 recommendations made by Sheriff Simon Collins.

The review of the inquiry system followed criticism from Ms Allan's parents, Stuart and Linda, of previous probes into prison suicides.

As part of his recommendations, Mr Abercrombie said legal aid should be available to families immediately upon the death of a relative in custody.

In March last year, Constance said she was using existing legal powers to remove means-testing for families in such cases.

On Thursday, the justice secretary said the message from families who gave evidence to the review "was clear" - they felt "let down" and their experience of the system had added to their grief.

Constance said: "This needs to change and families who have lost loved ones in custody cannot wait for a lengthy process to conclude before they see improvement.

"The multi-agency group will consider the review's recommendations and develop a shared action plan to improve the system of fatal accident inquiries for deaths in custody, with an emphasis on implementing reform as a priority."

The Judiciary of Scotland has been contacted for comment.