Chamber and committees

COPFS regularly liaises with the Scottish Courts & Tribunals Service (SCTS) in relation to upcoming Fatal Accident Inquiries. In particular, the Head of the Scottish Fatalities Investigation Unit (SFIU) of COPFS writes to all Sheriffs Principal on a quarterly basis to ensure future Fatal Accident Inquiry business is factored into the court programme as efficiently as possible.

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%).

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.

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.

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.

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

Responsibility for the delivery of the transmission network infrastructure including compliance with safety standards, sits with the transmission owner working within a regulatory framework overseen by Ofgem and other relevant regulators such as the Health and Safety Executive.

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.

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.

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.