Relatives of those who died while in custody will now receive instant, complimentary legal assistance and counsel duringFatal Accident Inquiries (FAI).
Justice Secretary Angela Constance stated that she is utilizing current ministerial authorities to eliminate means-testing for legal aid in these instances.
Starting from April 7th, households won’t be required to furnish details about their earnings.
Constance revealed the relocation during her update to the Scottish Parliament regarding the modifications implemented after the passing of Katie Allan and William Brown—also identified as William Lindsay—at Polmont Young Offenders Institution.
In January, a sheriff determined that the fatalities of Katie, aged 21, and William, aged 16, might have been prevented were it not for a "series of mistakes."
In 2018, they ended their own lives in distinct events at Polmont.
All of the sheriff's Twenty-five recommendations have been approved. The Scottish authorities stated that these measures will be implemented swiftly and emphasized that advancements will be carefully tracked.
Constance mentioned that offering free, universally accessible legal assistance would require primary legislation. However, recognizing the timeframe involved, she decided to use her authority to implement this starting from April 7th.
Family support services will additionally be offered as well.
Constance detailed the steps being taken, which encompass:
- An operation-specific team led by the chief executive of the Scottish Prison Service (SPS), with participation from NHS entities, has been established to guarantee that every recommendation is implemented.
- The chief inspector of prisons for Scotland under His Majesty will deliver an initial assessment by summertime regarding the independent review process for implementing Judge Collins' FAI suggestions.
- The Scottish Prison Service is revising its Suicide Prevention Strategy titled "Talk to Me" throughout all prisons. This updated strategy will be released by the end of this year, followed by a comprehensive training program set for implementation in 2026.
- A separate assessment of the FAI system has been initiated with the aim of enhancing the efficiency, effectiveness, and trauma-sensitive approach to inquiries concerning fatalities within prison facilities.
Constance stated, "I felt thankful for the chance to reconnect with the families of William Lindsay and Katie Allan today and offer them my most sincere sympathies, just as I do to everyone impacted by a loved one’s death while in custody."
We shall bring about enduring transformation through continuous and resolute actions, which they justly seek and merit. Since my address to Parliament in January, we have achieved significant advancements.
She stated, "We will keep pushing for progress and enhancing accountability. The focus is on transforming the system along with the underlying culture."
Liam Kerr, the Scottish Conservative spokesperson for justice, stated: "The inquiry's conclusions in January revealed a dysfunctional system."
The fatalities of Katie Allan and William Lindsay were not only heartbreaking but could have been avoided, highlighting the urgent necessity for immediate steps to stop additional disasters.
In light of the current crisis in the legal aid system, it is crucial for ministers to guarantee the required funding to enhance it, ensuring that families can obtain the assistance they require and secure the justice they rightfully deserve.
What became of William and Katie?
Sheriff Collins determined that William's demise was due to multiple individual and systemic failings by SPS and healthcare personnel at Polmont.
He stated that "virtually everyone who engaged with him was somewhat to blame."
He suggested that a sensible preventive measure would have involved keeping William—who had a past of trying to take his own life—under observation.
The following morning after his arrival at a case conference, he was excluded from further observations. Additionally, the sheriff noted that the cell where he stayed had the potential to be secured safely for him.
William was taken into custody after he walked into the Saracen Street police station in Glasgow with a knife in his possession.
He was detained in custody due to being considered a "possible threat to public safety" three days prior to his demise as there was insufficient room in a youth detention facility.
Regarding Katie's situation, the sheriff discovered that both prison personnel and healthcare workers failed repeatedly in correctly identifying, documenting, and disseminating pertinent information about her risks.
Nevertheless, he stated that even with the advantage of retrospect, her demise was both sudden and unforeseeable.
Sheriff Collins determined that if the Glasgow University student's cell had been secured at minimal expense, her death would not have occurred.
A safety concern regarding the cell had long been acknowledged by the SPS.
Katie was serving a 16-month sentence for dangerous and drunk driving after a hit-and-run incident.