Seòmar agus comataidhean

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

As at 3 April 2025, there are 246 mandatory Fatal Accident Inquiries where no First Notice has been lodged with the Sheriff Clerk. The oldest of those cases was reported to COPFS on 19 August 2018.

COPFS regularly invites and receives feedback from nearest relatives of their experience of the death investigation and Fatal Accident Inquiry processes. That feedback is carefully considered to identify any improvements that can be made. As an example, feedback obtained by COPFS VIA Officers on the questions commonly asked by relatives was used to assist in the preparation of a Guide to Fatal Accident Inquiries on the COPFS website, providing detailed information for bereaved families about the FAI process.

COPFS has established a Death Investigations Improvement Board to oversee all ongoing pieces of work and new proposals to achieve greater public confidence, to improve the service delivered to bereaved relatives and to reduce the journey time for concluding death investigations, including FAIs. One of the significant workstreams of that Board is the proposed creation of a Lived Experience Advisory Panel, which will enable participants with experience of the death investigation process to help inform improvements to the process by providing independent advice to the Board on a range of issues.

The Family Liaison Charter sets out the Crown’s obligations in relation to liaising with and providing information to bereaved relatives.

In relation to every death where a Fatal Accident Inquiry is to be held, a dedicated COPFS Victim Information and Advice (VIA) Officer will update the nearest relative throughout the investigation and inquiry processes, including directing them to organisations that offer support and bereavement counselling. The VIA Officer will also update the family after the Inquiry has concluded about the publication of the Sheriff’s Determination.

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.

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%).