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

COPFS has established a Death Investigation Improvement Board with a number of workstreams, one of which is focussed on further expanding and improving the level of information provided to bereaved relatives in the early stages of investigations.

The certification of a person’s death is a matter that falls solely within the clinical responsibility of medical practitioners, who require to be satisfied to the best of their knowledge and belief as to the cause of death.

Following a post mortem examination, the pathologist will ordinarily certify the cause of death. In some cases, an ‘interim’ death certificate is issued by the pathologist indicating that the cause of death is unascertained until the results of further analysis - including but not limited to histopathology, toxicology and neuropathology - are obtained. This certificate allows the death to be registered and the body to be released to the family to allow funeral arrangements to be made. Once all analysis has concluded and the final cause of death is confirmed, the interim death certificate is then amended. However, in a small percentage of cases the pathologist is unable to determine a cause of death even after all such analysis is done.

We have identified 12 cases in 2023-24 where, following post mortem examination, the pathologist was unable to determine a cause of death and the cause was certified as ‘Unascertained’.

Where a pathologist is unable to determine a cause of death, they will include in their report as much information as possible about their findings to assist nearest relatives with possible explanations for the death having occurred. COPFS will provide that information to relatives when advising them of the final cause of death.

The following table shows the numbers of forensic post mortems conducted by two doctors that would normally have been performed in Aberdeen and that were transferred to Edinburgh. Some post mortems were also transferred to Dundee and Glasgow.

Only suspicious forensic post mortem examinations are being transferred from Aberdeen. Prior to October 2022, these were performed by forensic pathologists based in Aberdeen.

The numbers of full-time forensic pathologists based in Aberdeen in each of the last ten years are shown in the following table:

The average turnaround times for a non-suspicious post mortem to take place - measured from the later of the date of instruction from COPFS or the date the deceased is admitted to the designated mortuary to the date the post mortem takes place – is detailed in the following table:

Average Post Mortem turnaround time for non-suspicious deaths – April to October 2024

In Scotland, post mortem examinations instructed by the Crown are performed by Forensic Pathologists and NHS Consultant pathologists. Forensic pathologists perform a mixture of Forensic and non-Forensic examinations.

Aberdeen University provided a Forensic pathology service in Aberdeen in eight of the last ten years. Over those eight years, examinations were conducted by Forensic pathologists covering both Forensic and non-Forensic postmortems and it is not possible to separate the Forensic and non-Forensic pathology costs.

There has been no Forensic pathology service provider in Aberdeen in 2023-2024 and 2024-2025. COPFS-instructed non-forensic examinations in Aberdeen have been conducted by locum NHS consultant pathologists and Forensic services have been conducted by other Forensic service providers in Scotland. It is therefore possible to provide the costs of the Forensic pathology caseload in Aberdeen for 2023-2024 and 2024-2025 (forecasted figures from November 2024 to March 2025) and these are shown in the following table:

COPFS’ case management database does not recognise the category of death of ‘medical mishap’. However, in the majority of medical deaths where there are concerns about the circumstances there would be no requirement for the post mortem examination to involve forensic pathologists.

COPFS work closely with the mortuary team and locum pathologists to ensure that post mortem examinations taking place in Aberdeen are completed within the target turnaround time in the majority of cases. Regular performance updates are provided to COPFS and stakeholders work collaboratively to address any performance issues.

All post mortems are completed by experienced NHS consultant pathologists following the Royal College of Pathologist guidance and standards.

In my capacity as Cabinet Secretary for Net Zero and Energy, I can confirm that I have not met Leylodge Against Industrialisation.

The proposed reforms are about making the determination process more efficient, not less robust. Environmental assessment standards will remain unchanged. Scottish Ministers will continue to determine each proposal on a case-by-case basis, following review of the application information, consultation responses and representations made by members of the public.