Seòmar agus comataidhean

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.

Social Security Scotland’s application forms for disability benefits were designed with disabled people and organisations who support them, to ensure the forms were accessible and inclusive for the people who would be using them.

Careful consideration was given to each of the questions, so people can give Social Security Scotland the information on their individual needs required to make a decision, while balancing the length of the application form.

Social Security Scotland supports people to apply for benefits, including in-person by appointment through its Local Delivery service based in each local authority in Scotland.

Social Security Scotland continues to review how people, including young cancer patients, access its services, and the Agency uses feedback from clients and stakeholders to drive forward improvements, including through its annual Client Survey.

The Adult Disability Payment: Independent Review began in February 2024 and is considering people’s experiences of applying for Adult Disability Payment, which includes the application form and process.

Social Security Scotland has a dedicated application route for terminally ill adults, children and young people with a diagnosed terminal illness. Published data shows the Special Rules for Terminal Illness applications are currently processed within three working days for Child Disability Payment and two working days for Adult Disability Payment.

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.

Social Security Scotland routinely publishes statistics on Adult Disability Payment and Child Disability Payment processing times, which include information on the median average processing times.

Latest statistics show that the median average processing time was 42 days in January 2025 for Adult Disability Payment and 73 days in December 2024 for Child Disability Payment.

Social Security Scotland does not currently publish information on the longest processing times for Adult Disability Payment or Child Disability Payment.

The latest Adult Disability Payment and Child Disability Payment official statistics publications can be found at: https://www.socialsecurity.gov.scot/publications/statistics.

The Scottish Government wrote to the Equalities, Human Rights and Civil Justice Committee on 11 March 2025 to provide an update on commencement and implementation of the Children (Scotland) Act 2020:

Letter from the Minister for Victims and Community Safety

The Act is a wide-ranging piece of legislation, and while some provisions are already in force, we have had to prioritise certain areas of implementation work, such as the regulation of child contact services. We plan to lay secondary legislation this summer to bring child contact services within the regulatory remit of the Care Inspectorate. We will then turn our focus to other key areas, such as the register of child welfare reporters.

We also plan to make further commencement regulations this year. A short set of provisions will be commenced before summer recess and a second set of commencement regulations will be made later in 2025. There will be a lead-in period of around 12 months before the second set of provisions come into force due to the operational and court rules implications.

The Minister for Housing and I wrote to the Convener of the Equalities, Human Rights and Civil Justice Committee on 11 March to provide an update on the implementation of the Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 and our planned next steps: Letter from the Minister for Equalities, 11 March 2025.

As the letter outlines, since the start of this year, my officials have been engaging with the Scottish Courts and Tribunals Service and the Scottish Civil Justice Council to understand the legal and technical changes that are required for implementation of the Act.

My officials have also set up a Working Group which includes representation from Health, Social Work, Education, Child Protection, Police Scotland and third sector organisations. Additionally, officials are considering what training and awareness raising materials are required to support the implementation of the Act.

We are aiming to implement the Act by Summer 2026 and are working closely with our partners to achieve this.

24 education settings have received certification for their work using the LGBT Inclusive Education National Implementation and Evaluation Toolkit.

The Toolkit is an optional additional support resource, on top of the national professional learning course. The focus of schools and education authorities is on supporting completion of the professional learning course as set out in the National Approach to LGBT Inclusive Education. The Toolkit is intended to support staff in settings where they feel they would benefit from a more structured pathway, additional to the professional learning. Certification is also optional and not necessary to use the Toolkit, staff can take what they need from the resource to support their own professional practice as and when required. Therefore, there will be schools using the Toolkit without seeking certification, for which there are no records held.

COPFS does not hold records of arrests: not all persons who are arrested by the police are subsequently reported to Procurator Fiscal.

The following table shows the number of charges, not accused persons, reported to COPFS under the Protection of Workers (Retail and Age-Restricted Goods and Services) (Scotland) 2021 section 1 or any charge with an Enforcing Statutory Age Restriction aggravation. It is highlighted that the figures for the year 2021- 22 start from 24 August 2021. Under further explanation that some prosecutions may be taken against an accused where the specific statutory charge is not prosecuted however some of the libel in the charge might have been included.

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

COPFS does not hold this information.

There are a number of agencies who may be involved in carrying out inquiries into the circumstances surrounding a death. It is important that the results of those inquiries – which may be specifically instructed by COPFS or part of a separate investigation process - are carefully considered by COPFS before any decisions can be taken on the holding of an FAI.

COPFS has limited influence over the timescales for the completion and provision of reports by other organisations. However, we are currently constructively engaging with many of the public bodies responsible for the completion of internal investigations to ensure that they are completed to an acceptable standard, with outcomes provided to COPFS at the earliest possible stage.