Statement on investigations of deaths in detention

On 17 January 2025, the Fatal Accident Inquiry (FAI) Determination into the deaths of two young people, Katie Allan and William Brown (also known as William Lindsay), was published.

Katie and William died by suicide just months apart in Polmont Young Offenders Institution in 2018. The Determination by Sheriff Collins KC found that measures could have been taken which might reasonably have avoided Katie and Williams’ deaths and found a number of systemic defects that contributed to their deaths. Sheriff Collins made multiple recommendations to improve the system and, crucially, to avoid future deaths in similar circumstances.

Our recent report, “Review, Recommend, Repeat”, published in July 2024 also highlighted longstanding unimplemented recommendations from domestic and international human rights bodies directly relating to reform of the Fatal Accident Inquiry system and the prevention of suicides in detention.

Repeated calls

We have repeatedly called for non-means-tested legal aid to enable families of those who have died to meaningfully participate in the Fatal Accident Inquiry process. We have also called for the establishment of an independent National Oversight Mechanism to monitor the implementation of all recommendations relating to deaths in detention. We therefore welcome the Cabinet Secretary’s announcement in Parliament today that concrete action will now be taken.

The Commission’s Strategic Plan 2024-28 highlights human rights in places of detention, and specifically the right to life and deaths in custody, as one of our priority areas of concern.

Independent, effective and prompt investigation

We look forward to sight of detailed plans to ensure that the planned review of Fatal Accident Inquiries in relation to deaths in detention is grounded in the requirements of Article 2 of the European Convention on Human Rights, which requires the independent, effective and prompt investigation of all deaths where there may be State responsibility. The meaningful involvement of a person’s next of kin is also required and the investigation must be subject to public scrutiny.

Chair of the Commission, Professor Angela O’Hagan said:

“The Commission’s thoughts are first and foremost with the families of Katie and William, who have waited over six years for the conclusion of the Fatal Accident Inquiry process.

“Since Katie and William’s deaths, more young people have died by suicide at Polmont, and deaths in detention continue to rise. This is despite repeated reviews and recommendations that have yet to be fully implemented.

“While this Fatal Accident Inquiry has resulted in detailed findings and recommendations, many do not.

“In our view, Scotland has begun to normalise deaths in detention. Repeated failures to act by those with a responsibility to safeguard people detained cannot continue.

“We look forward to sight of detailed plans and will be closely monitoring progress over the coming months.”

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For media enquiries please contact email media@scottishhumanrights.com.

Notes for editors:

  1. You can read more about our work on human rights in places of detention on our dedicated website page.
  2. For further information, please contact hello@scottishhumanrights.com.