Chamber and committees

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.

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.

The number of exclusions in primary and secondary schools broken down by local authority from 2005-06 is set out in Table 1 and Table 2.

Statistics on the number of exclusions in primary and secondary schools broken down by pupil stage for 2002-03-2022-23 are published in Table 1.5 of the school exclusions 2022-23 statistics.

Table 1. Cases of exclusion in primary schools by local authority since 2005-06

Pupil Equity Funding has been a policy of the Scottish Government since 2017-18.

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.

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 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 does not hold this information. However, any decision to hold a Fatal Accident Inquiry is ordinarily not taken until other proceedings, including criminal proceedings, have been completed or ruled out.

COPFS would not expect to be made aware of any disciplinary action which results from a Fatal Accident Inquiry.

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.