Fatal accident inquiry backlog now totals 318 cases, figures show

The backlog of fatal accident inquiries is now more than 300, figures show.

A freedom of information request sent to the Crown Office and Procurator Fiscal Service (COPFS) by the Scottish Liberal Democrats found there are 318 inquiries currently outstanding, which is an increase of 18% compared to last year, with some cases dating back more than six years.

Among them are 194 outstanding FAIs for deaths in custody – up 30% on last year.

Lib Dem justice spokesman Liam McArthur called for an “urgent overhaul” of the FAI system.

He said: “For too many families, Scotland’s broken inquiry system makes them wait an excruciatingly long time for answers.

“These figures clearly illustrate that the FAI backlog is getting worse. For deaths in custody, new inquiries are being established at almost double the rate of those being completed. The system is simply not fit for purpose.”

An FAI is required when a person dies due to an accident at work or is in custody. They can also be held due to any sudden, suspicious or unexplained death if the Lord Advocate deems it to be in the public interest.

Earlier this year, the FAI was concluded into the deaths of Katie Allan and William Brown, who took their own lives in separate incidents at Polmont Young Offenders Institution in 2018.

The average FAI completed in 2024/25 lasted more than 1,300 days – over 100 days longer than the average FAI in 2023/24.

The figures show the longest outstanding FAI concerns a death that took place in 2019/20.

The Lib Dems have called for the Government to remove the inquiries from the remit of the Crown Office, and set a one-year timeline for them to commence.

Under their proposals, if cases do not commence within 12 months, the investigating body would be required to report to the Government and to relatives of the deceased outlining why this has occurred.

Mr McArthur continued: “Scottish Liberal Democrats have long called for the SNP to reform fatal accident inquiries, but they have refused.

“Scotland deserves better, which is why there needs to be an urgent overhaul of the FAI system. We believe there is a strong case for removing FAIs from the remit of the Crown Office and handed to a new body charged with ensuring inquiries begin within a year and that results are presented in a timely fashion.”

A Scottish Government spokesperson said: “While fatal accident inquiries are a matter for the Lord Advocate, we understand that the length of time taken for some FAIs to conclude can be distressing for the families involved.

“An independent review of the FAI system, chaired by Sheriff Principle Abercrombie, is examining how delays can be reduced. It is nearing completion and the report is due by the end of the year. We will consider its findings carefully.”

A COPFS spokesperson said: “We understand the distress that investigating the death of a loved one can cause for grieving families and have acknowledged that some death investigations take too long.

“These statistics do not reflect the complexity and benefits of the whole system of death investigations in Scotland, of which fatal accident inquiries are a part.

“Reported deaths have risen significantly, with deaths in custody almost doubling in the last five years. Most of our investigations still conclude within weeks.

“We recognise that more can be done across the whole of the justice system to improve how deaths are investigated and welcome informed discussion to drive those improvements.”