The families of two people who took their own lives while in a young offenders institution now have a “chance of hope and a legacy”, their lawyer said after Scotland’s Justice Secretary accepted there had been “systemic failures contributing to their deaths”.
In a statement to the Scottish Parliament, Angela Constance said the deaths of Katie Allan and William Brown, who was also known as William Lindsay, “should not have happened while they were in the care of the state”.
The pair took their own lives within months of each other while in Polmont YOI in 2018.
Ms Allan, 21, who had been a student at Glasgow University, had been serving a sentence for drink-driving and causing serious injury by dangerous driving, while 16-year-old Mr Brown – who had made repeated attempts on his life in 2017 – had been remanded to Polmont due to a lack space in a children’s secure unit.
After a fatal accident inquiry (FAI) held last year into their deaths, Sheriff Simon Collins KC last week ruled there had been a “catalogue of individual and collective failures by prison and healthcare staff”, and said their deaths “might have been avoided”.
In the wake of the sheriff’s report, Ms Constance told Holyrood on Thursday: “Those systemic failures require a systemic response.
“I hear and I fully understand the families’ demand for action and agree we must and we will take action.”
Aamer Anwar, the lawyer representing the families of Ms Allan and Mr Brown, welcomed the minister’s statement, adding: “It is time that the SPS realised there is nothing inevitable about suicides.”
For the first time in six years there is a chance of hope and a legacy
Speaking after she and Scottish First Minister John Swinney met the families, the Justice Secretary announced a series of measures as she accepted the 25 “thoughtful and substantial recommendations” made by Sheriff Collins.
Stressing that “systems-wide reform must now take place”, Ms Constance said she is “determined to lead change” in the Scottish Prison Service (SPS) and other bodies.
She told MSPs the SPS will now “urgently and immediately review and revise its policy” on items which can be used in suicides, adding that the development of suicide prevention technology will be “accelerated”.
In addition, the SPS suicide prevention strategy “will be completely revised and overhauled”, she said
Noting there were “failings” when it came to sharing information regarding Mr Brown, Ms Constance pledged urgent work to ensure written information held by the courts is passed to the SPS when a person is detained in custody.
The Justice Secretary went on to promise legislation will be introduced so that when a fatal accident inquiry is held following a death in custody, the family can automatically get legal aid, allowing them to be represented in the process.
Adding that the five years it took from the deaths of Ms Allan and Mr Brown for notice to be given that an inquiry would be held was “far too long”, Ms Constance accepted: “It is clear the process is letting families down, and the time taken for FAIs to start and conclude needs to be addressed.”
Here she promised a “focused, independent review” on FAIs into deaths in custody – with the Justice Secretary saying she wants this to provide “solutions” by the end of this year.
After Mr Anwar called on Sir Keir Starmer to change the law to allow prisons to be prosecuted, Ms Constance said she would “continue to pursue” this matter with the UK Government.
However as well as these measures she said more needs to be done to improve alternative punishments.
Ms Constance told MSPs: “People who break the law must face the consequences for their actions, and sometimes there is no alternative to the punishment of deprivation of liberty.
“In other cases that can be done safely and more effectively in the community.
“Let me be clear, people need to stop calling that soft justice. If we are in a mindset of saying jail is the only option then we will never be able to stop the impacts on people, on families and society that imprisonment can cause.”
Afterwards, Mr Anwar said: “For the first time in six years there is a chance of hope and a legacy.
“It is time that the SPS realised there is nothing inevitable about suicides.
“Today the Government announced they will bring in laws to give automatic legal aid funding, thus giving a voice to all families of deaths in custody.
“However families must be entitled to representation from day one, not three, four, five years later, if justice is to be done.
“On the question of Crown immunity, we welcome that the Scottish Government will once again approach the UK Government to lift Crown immunity – it is effectively a licence to kill and fail.”
