Immediate action will be taken to address systemic failures in
relation to deaths in prison custody, Justice Secretary has pledged.
The Scottish Government accepts Sheriff Collins' Fatal Accident
Inquiry finding that the deaths of Katie Allan and William
Lindsay were preventable, and that systemic failures contributed
to their deaths, the Justice Secretary said in a statement to
Parliament.
To contribute to the system wide reform that must take place, six
direct actions will be taken. There will be a new, independent
National Oversight Mechanism which will strengthen accountability
in relation to the implementation of FAI recommendations. This
will also ensure that systemic issues are identified and
addressed.
In addition, His Majesty's Inspector of Prisons for Scotland will
provide independent oversight and monitoring of the
implementation of the report's recommendations, reporting
directly to the Justice Secretary.
The actions are:
- The Scottish Prison Service will urgently and immediately
review its policy on items that can be used as ligatures, while
continuing to develop an anti-ligature risk assessment, to
support existing work to ensure prison spaces are as safe as
possible. In addition, the development of suicide prevention
technology will be accelerated and, if viable, piloted and
reviewed.
- Talk to Me, The Scottish Prison Service's Suicide Prevention
Strategy, will be completely revised and overhauled. A
standardised approach will also be developed to ensure that all
information from relevant agencies is shared with the Scottish
Prison Service at the time of a person's admission to prison.
- Death in Prison Learning and Audit Reviews will now all be
independently chaired and already include consideration of the
safety of the prisoner's physical environment, which was a
specific recommendation in Sheriff Collins' Determination.
- Legal Aid for bereaved families participating in deaths in
custody Fatal Accident Inquiries will become free, with
means-testing removed through legislation that will be brought
forward at the earliest opportunity.
- An independent review of the Fatal Accident Inquiry system
will be established to look at the efficiency, effectiveness and
trauma informed nature of investigations into deaths in prison
custody, to report direct to the Cabinet Secretary report by the
end of this year.
- The Scottish Government will continue to pursue the lifting
of Scottish Prison Service's corporate Crown Immunity under
health and safety law, with the UK Government.
Ms Constance accepted the Sheriff's 25 recommendations and
promised that each and every one would be given careful
consideration, with a full, formal response delivered to
Parliament.
Speaking after the statement, Ms Constance said:
“My deepest sympathies and condolences are with the families of
Katie and William. The tragic deaths of these two young people
should not have happened while they were in the care of the
state.
“The Scottish Government accepts Sheriff Collins' finding that
these deaths were preventable. The systematic failures identified
require a systemic response. I hear and fully understand the
families' demand for action. That is why I have set out six
specific, direct actions that will contribute to the system wide
reform that must take place.
“I am determined to lead change across SPS, NHS and broader
partners to take forward the necessary reforms; while, many
changes have already taken place, further improvements are
needed, at both operational and procedural level. I also expect
to see a cultural change in the way agencies work individually
and collectively together.
“There also needs to be a shift in the balance from custody to
justice in the community. People should face the consequences of
their actions when they have broken our laws, but in many cases
that can be done safely and more effectively in the community not
in prison.”
Background
Justice Secretary
statement to the Scottish Parliament
