Two years on from the review into deaths in prison custody and little progress has been made
30th November 2023 marked two years since the recommendations of the Independent Review of the Response to Deaths in Prison Custody were published. During these two years, there has been a lack of progress on the recommendations regarding an inquiry into the prevention of deaths, and, at Families Outside, we are extremely concerned about the continuing number of deaths in custody which have occurred during this time.
To date, eight out of the nineteen recommendations have been completed, with another partially completed. Two of the six advisory points have been addressed, and the key recommendation is in progress. The current Fatal Accident Inquiry (FAI) process still needs improvement, and communication with families – who are currently being left to deal with their grief, trauma, and distress alone – must be a priority.
Gill Imery, External Chair, has been leading the implementation of the recommendations from the review. At the Criminal Justice Committee in September 2023, she raised concerns about the lack of progress that has been made over the last two years. In her opening comment, she noted how difficult it is to keep families that have experienced a death in custody confident that improvements will be made, when the pace of change is so slow. The latest progress report, published 12th February 2024, contains a summary of the work carried out so far, with comments from Ms Imery on the recommendations and advisory points.
At Families Outside, we are grateful for the effort that Gill Imery has put into this work and are pleased that the progress on Recommendation 1.3, regarding provision of “urgent concern” telephone lines for families to use, has now been completed in all SPS establishments, with these phone lines and guidance on how to use them becoming operational on February 1st, 2024.
However, we do have concerns about future progress of the remaining recommendations in view of the fact that Ms Imery’s contract has not been extended beyond the 11th of March, 2024. We are also concerned about the conflicting support for the key recommendation that a separate independent investigation should be undertaken into each death in prison, carried out by a body completely independent of Scottish Ministers, the Scottish Prison Service or the private prison operator, and the NHS. Ms Imery states in her progress report that the introduction of another process could add more complication to a system that is already difficult for families to navigate. These concerns are understandable, but the reality – clearly reflected in the recent Nothing to See Here? report from the University of Glasgow – was that families need a process that places them in the centre as the bereaved party, providing information, advocacy, and confidence from day 1. Currently, this is not happening.
We are encouraged to see Gill Imery’s reference to the need for a collective review and for analysis of deaths in custody and the surrounding circumstances to be an ongoing core role of the Scottish Government. We feel that this will help to prevent further tragic loss of life. However, the element of the key recommendation regarding non-means tested legal aid funding for families throughout the processes following a death, including FAI, continues to be . Families are sidelined in a process where their needs should be central. Automatic legal representation at the very least brings families on par with agencies such as the SPS and NHS, who already have legal representation. As stated in the progress report, “Families feel the length of time between the death of their loved one and finding any answers at the FAI is far too long and that the communication from the Crown Office and Procurator Fiscal Service (COPFS) is inadequate and lacks empathy.”
On the 4th of November 2023, Families Outside held a special memorial service, in collaboration with To Absent Friends, for families who have lost someone in custody to come together. Writing about the event, a family member shared the real disappointment felt by those affected at the lack of meaningful progress to implement vital recommendations. Though coming together provided a sense of renewed strength, families continue to navigate their grief and loss whilst being reminded of the lack of substantial steps being taken to address the issues surrounding deaths in prison custody.
Speaking on the recent progress report, our CEO and co-chair of the Independent Review, Nancy Loucks, said: “Gill Imery’s efforts have been vital to push for much-needed change in the response to deaths in prison custody, especially for the way families are involved and supported after a death. However, progress on the recommendations remains slow and is easily derailed. Much more needs to be done to recognise death in prison as a bereavement that merits empathy, support, and transparency for everyone affected.”
Read the latest progress report here.
Read the full review here.
For help and information following a death in custody, please see the Family Support resource available on our website.