Rise in FAI completion times branded ‘insult to families’ by Tories

A rise in completion times for fatal accident inquiries FAIs is “unacceptable”, the Scottish Conservatives have said.

A written response from a minister to Tory MSP Jamie Greene said the average length of time between the date of death and the end of an FAI is currently 1,067 days.

This is based on when evidence is finished in the FAI, rather than when the sheriff’s determination is issued.

The Tories said this is an increase of 128 days on the average time recorded to complete inquiries in 2020/21.

In his response, Justice Secretary Keith Brown noted the impact of the pandemic on court proceedings.

Mr Greene is proposing a Member’s Bill at Holyrood which would bring in a variety of rights for victims as well as statutory time limits for FAIs.

He said: “The latest increase in the completion time for fatal accident inquiries is completely unacceptable.

“For inquiries to be taking just shy of three years on average to complete is outrageous and an insult to victims’ families.

“The revelation from the startling response I received from the SNP Justice Secretary that one inquiry that was concluded last year took nine years to complete is scarcely believable.

“These long, drawn-out inquiries cannot continue any longer. That is why I am pressing ahead with my plans to introduce a statutory time limit for inquiries to complete as part of my Victims Law.”

In his written response, the Justice Secretary said: “Whilst it is accepted that the average timescale has increased, this can be explained by COPFS (the Crown Office) 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.”

A spokesman for the Crown Office said: “We understand that having the death of a loved one investigated is a difficult experience for people who have experienced loss.

“COPFS has taken action to improve our death investigation work and reduce the time it takes for cases to be completed.

“Some cases will necessarily take longer to conclude than others, but these changes reflect the commitment of COPFS to the timely and thorough investigation of deaths.

“The Covid-19 pandemic has had a significant impact and COPFS is committed to addressing these ongoing challenges.”

A Scottish Government spokesman said: “The Lord Advocate is constitutionally responsible for the investigation of sudden, unexpected unexplained deaths in Scotland.

“These functions are exercised independently of the Scottish Government.

“The Crown Office has significantly reformed the arrangements for the investigation of deaths.

“These reforms have already resulted in reductions in the duration of death investigations and it is expected that they will continue to do so.

“Parliament considered and modernised the law on fatal accident inquiries in 2016 and there are currently no plans to revisit the legislation.”