Investigations into deaths in custody 'traumatising' for families - human rights report

The Scottish Human Rights Commission (SHRC) has highlighted that examining deaths in custody is often deeply traumatic for families, describing the rise in such fatalities as unacceptable. In collaboration with the charity Inquest, the commission spoke with 33 bereaved relatives to gather insights aimed at improving Scotlands fatal accident inquiry (FAI) system.

FAIs are designed to investigate deaths in custody and other sudden fatalities, determining what went wrong and identifying lessons to prevent future incidents. Justice Secretary Angela Constance stated that the Scottish government would carefully consider the reports recommendations. The review was initiated in January, following criticism from the SHRC that little progress had been made in reducing deaths in state custody. The new findings have been submitted to Sheriff Principal Ian Abercrombie, who is leading the review.

Families Share Harrowing Experiences

Stuart Allan, whose daughter Katie took her own life at Polmont Young Offenders Institution in 2018, described the FAI process as very traumatising for his family. Katie died in her cell three months into a 16-month sentence for dangerous and drink driving following a hit-and-run. An FAI later confirmed that her cell had known safety issues.

Mr Allan explained that it took six years for the FAI to begin, a long wait for a grieving family seeking answers. He described the process as harrowing, noting that it retraumatised the family as they revisited the circumstances of Katies death. He added that hearings often felt like mutual blame-shifting among organizations rather than focusing on learning from mistakes.

A joint FAI investigated the deaths of Katie Allan and William Brown, a 16-year-old also known as William Lindsay, who died at Polmont the same year. The sheriff concluded that multiple systemic failures contributed to Katies death. Mr Allan expressed relief that the Scottish government accepted the recommendations and took steps to improve suicide prevention strategies, though he noted that grief remains constant.

Systemic Issues Highlighted

The report included accounts from families who attended a listening day, sharing distressing experiences. They reported instances where risks to life were ignored, causes of death were inconsistent, and in some cases, deceased individuals were referred to impersonally. One account described prison officers eating a lunch on a hospital bed with a prisoners body, and another family received three different explanations for a loved ones death.

Families reported feeling as if they were on trial, with little assurance that future deaths could be prevented. One relative stated, We tried to warn them... four hours later we got the call saying he was dead. Another noted, It felt like they were looking for things to blame on our relative.

Recommendations for Reform

The report proposed several reforms, including guaranteed legal representation for families, trauma-informed practices, legally mandated timelines, coordinated communication following a death, specialist sheriffs for custody deaths, and independent oversight of FAI recommendations. The SHRC emphasized that Scotlands FAI system requires urgent and substantial reform, as families often encountered dismissive or hostile treatment.

Calls for Action

Prof. Angela OHagan, chair of the SHRC, stressed that improvements depend on decision-makers listening to families experiences. She highlighted that Scotland has a high and rising rate of deaths in detention, calling it a serious human rights issue. Deborah Coles, executive director of Inquest, described the report as a wake-up call for fundamental system reform, noting that legal procedures often extend families grief for years.

Justice Secretary Angela Constance acknowledged the profound impact of custody deaths on families and confirmed that the independent review aims to assess the efficiency, effectiveness, and trauma-sensitive handling of FAIs. Sheriff Principal Abercrombie attended the listening day to hear directly from bereaved families. The review examines evidence from multiple sources to identify barriers families face and evaluate current timescales.

A Crown Office spokesperson recognized the distress families endure during investigations and affirmed ongoing efforts to improve the justice systems handling of deaths.

Author: Harper Simmons