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Local Authority Social Work Services provide broad holistic service coverage and support to individuals with a wide range of needs, and it is a matter for local authorities to allocate, and account for the allocation of, Local Authority funds to those services. For this reason, the Scottish Government does not collect the granular detail of Local Authority Social Work spend on services to aid those affected by problematic use of alcohol and drugs.

COPFS staff take into account the terms of Section 4 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 when identifying cases where it may be appropriate for a discretionary Fatal Accident Inquiry to be held.

In addition, detailed guidance is available for COPFS staff to assist them in identifying such cases. That guidance applies in relation to all deaths in Scotland that have been reported to COPFS.

To further ensure consistency in decision-making, decisions on Fatal Accident Inquiries are taken by a pool of experienced Crown Counsel.

In terms of Section 4 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, an Inquiry is to be held if the Lord Advocate considers that the death was sudden, suspicious or unexplained, or occurred in circumstances giving rise to serious public concern, and decides that it is in the public interest for an inquiry to be held into the circumstances of the death.

Detailed guidance is also available for COPFS staff to assist them in identifying cases where it may be appropriate for a discretionary Fatal Accident Inquiry to be held.

The views of the nearest relatives about the holding of an Inquiry will always be taken into account, although the decision is ultimately for COPFS to make.

COPFS does not record this information. There is no formal process that requires to be followed to request that a Fatal Accident Inquiry is held. The views of nearest relatives will be obtained during the death investigation process and taken into account when the final decision is made.

Pupil Equity Funding has been a policy of the Scottish Government since 2017-18.

In relation to concluded Fatal Accident Inquiries where the Determination was published in 2024-25, 74% featured public bodies as interested parties. The public bodies were as follows: Scottish Prison Service (53% of all FAIs), NHS boards (50%), Prison Officers’ Association of Scotland (17%), Police Service of Scotland (6%), Scottish Ambulance Service (4%), Health and Safety Executive, Scottish Fire & Rescue Service, The British Army and the Office of the Advocate General for Scotland (all 2%).

In relation to concluded Fatal Accident Inquiries where the Determination was published in 2023-24, 80% featured public bodies as interested parties. The public bodies were as follows: NHS boards (51% of all FAIs), Scottish Prison Service (46%), Prison Officers’ Association of Scotland (20%), Police Service of Scotland (9%), Scottish Ambulance Service, Health and Safety Executive and Home Office (all 3%).

In relation to concluded Fatal Accident Inquiries where the Determination was published in 2022-23, 62% featured public bodies as interested parties. The public bodies were as follows: NHS boards (50% of all FAIs), Scottish Prison Service (45%), Prison Officers’ Association of Scotland (24%), Police Service of Scotland, Health and Safety Executive, Scottish Fire & Rescue Service, Glasgow City Council, Maritime & Coastguard Agency, Orkney Islands Council and the Attorney General of the Republic of Cyprus (all 2%).

At the end of the reporting year 2024-25, there were 246 mandatory Fatal Accident Inquiries where a First Notice had not been lodged with the Sheriff Clerk. Of those 246 cases, 92 were less than one year old (from the date the death was reported to COPFS), 75 were more than one year old and 79 were more than two years old.

At the end of the reporting year 2023-24, there were 250 mandatory Fatal Accident Inquiries where a First Notice had not been lodged with the Sheriff Clerk.

At the end of the reporting year 2022-23, there were 218 mandatory Fatal Accident Inquiries where a First Notice had not been lodged with the Sheriff Clerk.

For the reporting years 2022-23 and 2023-24, we hold no data on the age profiles of those cases.

A Fatal Accident Inquiry is mandatory following all deaths in custody.

This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who reply in writing within 20 days.

As protected by section 48(5) of the Scotland Act 1998, the Law Officers operate entirely independently of any other person as they undertake their prosecutorial and investigation of deaths functions. The Lord Advocate is accountable to the Scottish Parliament for prosecutions and the investigation of deaths (but may decline to answer questions which might prejudice criminal proceedings or would otherwise be contrary to the public interest under section 27(3) of the Scotland Act).