Chamber and committees

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

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.

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.

The Scottish Government does not hold information on the number of people reported missing from NHS hospitals or other healthcare settings, as there is no specific variable within Public Health Scotland’s data to highlight where a patient is reported missing.

Some information is available from Police Scotland on incidents of a person going missing from the NHS (covering those cases that were reported to the police). This is provided in the following table. The data is drawn from the Missing Person’s Database and is available on a consistent basis from April 2019 onwards. The figures relate to a count of incidents (and their associated investigations) rather than a count of people going missing. As such, the same person may appear multiple times within any year if they have been reported missing on more than one occasion during that period.

It should also be noted that the data covers all NHS grounds and not just hospitals.

Missing Person Investigations, “Missing From The NHS”, Police Scotland

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.

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.

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:

Through the Community Mental Health and Wellbeing Supports and Services Framework, we are providing local authorities with £15 million per annum to fund community-based mental health supports for children, young people, their families and their carers. North Ayrshire Council’s share of this year’s funding is £360,000 and Inverclyde Council’s is £192,000.

In North Ayrshire, the following supports and services for children and young people are delivered through the funding:

• Family-Centred Wellbeing Service: A multi-agency, strengths-focussed, community-based assessment and support service for families with children aged 5-12.
• Aberlour Sustain Service: Offers support to families with children aged 5-12 experiencing a range of challenges, including poverty, isolation, mental health and wellbeing issues, self-esteem, and anxiety.
• Crisis Counselling: Works with children and young people aged 5-24 who need very specific response methods to permit them to relate their emotional and mental health difficulties in age-specific ways and enable them to develop coping strategies and support them through challenging situations.
• Therapeutic Services For Care-Experienced Children And Young People: Play therapy, music therapy, dance therapy and art therapy for children and young people aged 5-26. These approaches have proved successful in addressing significant trauma and have enabled young people to develop coping strategies, self-regulate and develop sustainable skills.
• Mental Health And Wellbeing Project Delivery Officers: ‘Your Resilience’ sessions for multiple youth groups and positive mental wellbeing sessions alongside youth workers, via the mobile youth centre, ensuring young people who are geographically isolated have access to supports and services.
• Penumbra Self-Harm Project: Supports primary schools to continue to embed the ‘My Body My Way’ resource, runs parent support groups and workshops on how to deal with self-harm, and provides therapeutic support for children and young people displaying self-harming behaviours. For those aged 10-24.
• Bespoke Mental Health And Wellbeing: Delivering bespoke co-produced intervention with families who are currently under either voluntary or statutory measures with social work or the children and families team.

In Inverclyde, the following supports and services for children and young people are delivered through the funding:

• Inverclyde Emotional Wellbeing Triage Team: An inter-agency team of children and young people’s mental health services. Children, young people and families only tell their story once as the referral is handled by professionals on their behalf.
• Action For Children Wellbeing Service: This is a preventative mental health service aimed at P7 pupils at risk of non-attendance due to anxiety-based issues through transition to secondary education.
• Barnardo’s Wellbeing Support Worker Service: This service works with children and young people with additional support needs and their families to build parental capacity in response to the child’s developmental, social, and emotional needs.
• Cygnets Programme: This programme is aimed at parents and carers who are supporting children and young people experiencing difficulties due to autism spectrum condition.
• Children And Young People’s Participation Service: Workshops are being piloted in education establishments to gain the views of children and young people who have completed or are undergoing work with mental health and wellbeing services.

It is not possible for us to break down the amount spent on each of the above supports and services as local authorities are not required to provide us with this information under the terms of the grant.

In the first year of the Communities Mental Health and Wellbeing Fund for adults in 2021-2022, we funded 38 projects supporting adults living in North Ayrshire and 20 projects supporting adults living in Inverclyde.

In North Ayrshire these were:

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.