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This report was funded by The Promise Partnership, of which the Scottish Government is the principal funder. The Scottish Government recognises that it raises important issues about how children and young people are supported to enforce their rights, and welcomes that Clan ChildLaw commissioned this work. Many of the report’s findings align with The Promise, particularly that Scotland must consider the creation of an accredited legal specialism to set standards for legal professionals representing children.

Through legal aid, children and young people can access legal support for a wide range of matters including children’s hearings, criminal proceedings and to resolve civil disputes. The Legal Aid Fund pays for legal advice and representation, but it is not designed to fund wider support needs. The young people’s statements of their ideal legal services, as captured by the report, extend beyond the traditional model of service delivery by law firms, and the scope of the current legal aid system.

As the report has highlighted, “There may be a need for the development of initiatives, partnerships and funding bids focused on specific issues and needs” and officials will continue to engage on how to best to support such work.

This information is publicly available and can be found on the website of the Scottish Courts and Tribunals Service - https://www.scotcourts.gov.uk/search-judgments/fatal-accident-inquiries

Delivery of the police 101 and 999 services and the recruitment and deployment of resources are operational matters for the Chief Constable, with oversight provided by the Scottish Police Authority.

The Scottish Government will continue to support the Chief Constable, who along with the Scottish Police Authority, will ensure the capability and capacity of Police Scotland.

Police Scotland’s call handlers continue to work hard to ensure that calls to the service are answered as quickly and as safely as possible. Figures published by the Home Office for July 2022 show that Police Scotland was well above the UK average for 999 call answer times with 79.9% of calls answered in under 10 seconds, compared to 68.3% for the rest of the UK.

The Scottish Government provides annual funding to Police Scotland and the Scottish Fire and Rescue Service (SFRS). It is a matter for the Chief Constable and the Chief Fire Officer to determine the most appropriate allocation of resources and operational approach to preparing for, and responding to incidents during, bonfire night.

Since 2018 Operation Moonbeam has been the national multi-agency response to the bonfire night period. The well-established operation is running again this year, with the planning and preparation involving Police Scotland, SFRS, local authorities, COSLA, Scottish Community Safety Network, Scottish Ambulance Service, British Fireworks Association and Trading Standards. The Scottish Government has engaged with senior officers from Police Scotland and SFRS who have advised that robust multi-agency systems are in place again this year.

In terms of legislative change, on 10 October two key measures of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 came into force – a proxy purchase and supply offence criminalising people who purchase fireworks for, or make fireworks available to, under 18s; and a statutory aggravation for attacks against emergency workers involving fireworks and pyrotechnic articles. The statutory aggravation requires courts to take this into account when determining the most appropriate sentence. This provides an important reassurance to emergency workers that the Scottish Government is committed to such behaviour being firmly addressed.

In 2020-21 and 2021-22, over 15,000 deaths were reported to COPFS. This was a 40% increase from 2019/20. Notwithstanding this increase, in 2021-22 95% of deaths where no investigation was required were closed within 6 weeks of receipt of the death report, and 49% of deaths requiring further investigation were concluded within 12 weeks. Only a small proportion of reported deaths result in a Fatal Accident being held.

In relation to deaths which require further investigation, there are a number of factors which may influence when those investigations may be concluded and many are outwith the Crown’s control. These include the need to await the outcome of investigations by other reporting agencies, information from other public bodies and receipt of expert opinion. In addition, in some cases criminal proceedings require to be initiated and concluded before a decision can be taken on the holding of an FAI.

The lodging of a First Notice is the process by which the Crown will intimate that a FAI requires to be held. Thereafter, the Crown has limited control over the timescale for commencing and concluding the Inquiry. Matters such as the scope of the Inquiry and the evidence that requires to be led are ultimately for the presiding Sheriff to determine.

The following information relates to the five FAIs in 2021/22 which took the longest time to conclude:

Responsibility for the management of the police estate sits with the Scottish Police Authority and the Chief Constable.

However, Police Scotland has confirmed that 15 police stations have been closed since 2013 across Ayrshire, Renfrewshire and Inverclyde with the majority of them been moved to a new modern co-located accommodation within the same towns or officers were moved to new police stations nearby.

The Police Scotland Estate Strategy, approved by the SPA in May 2019, provides a framework for planning the future of the police estate to support the long term vision of policing which includes enhanced partnership working, and seeks to respond to the changing needs of communities while maintaining public visibility and confidence.

Civil solicitors have always covered a wide geographical area. The location of firms does not appear to support the assertion that advice is not available. Unlike in other jurisdictions, the Scottish Government has maintained wide access to legal aid for civil law issues. In addition to the availability of legal aid for private legal firms, we also fund a number of law centres who provide advice and representation on issues not normally dealt with by commercial firms, as well as localised advice providers who are supported by grant funding from the legal aid fund. We also fund public legal services through the Civil Legal Assistance Office. All of these services can and do operate across a wide geographic area.

The average length of time between date of death and FAI completion date in days is 1,067.

This figure is based on COPFS figures rather than the published FAI Statistics (the difference being that COPFS records the FAI as concluded when evidence is concluded, not when the Determination is issued) and accordingly it relates to 42 cases and not the 44 on the FAI statistics. Of those 42, the shortest length was 322 days and the longest 3,440 days. 32 out of the 42 (76%) of the FAIs related to deaths which occurred in 2018, 2019 and 2020. As stated above, once a First Notice has been lodged with the Sheriff Clerk, the Crown has limited control over the timescale for commencing and concluding an FAI.

Whilst it is accepted that the average timescale has increased, this can be explained by COPFS progressing its oldest cases and ensuring that the FAI process is commenced. It should also be recognised that FAIs have been progressed and concluded in 2021-22 and the preceding year notwithstanding the considerable effect on COPFS and court business placed by the COVID pandemic, including courts being closed for a number of months and thereafter a phased reintroduction of court business. Court users quickly and successfully adapted to new ways of working including the use of WebEx to conduct FAIs online to ensure cases were progressed.

Scotland’s Redress Scheme is committed to providing a swifter and less adversarial option than court action for survivors of abuse in care. We are aware that, for some applicants, the process is taking longer than they have expected, and officials are working to ensure opportunities for improving the service are identified and acted upon.

Recent improvements include the recruitment of additional case workers. There are currently 17 case workers in post, and by the middle of November 2022 this will rise to 23.

It is not possible to give an average or target time from receipt of an application through to issuing of a redress payment and apology. Applications progress at differing rates depending on how complete they are when submitted, the availability of information, evidence and records, and the extent of verification checks required. Priority is given to applicants with a terminal illness and those over 68 years of age.

On 26 October 2022 16 case workers were employed, working to 15.4 full time equivalent (FTE).

From the 14 November 2022, 23 case workers are expected to be in post, with a FTE of 22.2.