Backlog of incomplete Fatal Accident Inquiries now over 300

Scottish Liberal Democrat justice spokesperson Liam McArthur MSP has today called for an urgent overhaul of Fatal Accident Inquiries (FAIs), as he revealed that the total number of outstanding FAIs has increased by 18% compared to last year, taking it to more than 300, with some cases dating back more than six years.

An FAI is required when a person dies in legal custody or because of an accident at work, and may be held for 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 died by suicide while in custody at Polmont Young Offenders Institution in 2018.

In December, the Scottish Human Rights Commission described FAIs into deaths in custody as “traumatising” for families.

A Scottish Liberal Democrat freedom of information investigation has now uncovered that:

• There are 318 FAIs currently outstanding in Scotland, an increase of 18% compared to last year.
• There are 194 currently outstanding FAIs for deaths in custody, an increase of 30% compared to last year.
• In 2024/25, 33 deaths in custody FAIs were completed, while almost double that amount (63) were added to the list.
• The longest outstanding FAI concerns a death that took place in 2019/20. It has been outstanding for 2,343 days - more than six years.
• The average FAI completed in 2024/25 took more than 1,300 days to complete, more than 100 days longer to complete than the average FAI in 2023/24.

Scottish Liberal Democrats have repeatedly called for the SNP government to remove such inquiries from the remit of the Crown Office and to set a one-year timeline for them to commence. For cases which 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 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.

“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.”